INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov 

Michael R. Pence 

Governor 

Ms. Susan Hedman 

Regional Administrator 

U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

rm~ © ~. u ~ ~\ru~ \\ffi SH 1 7 21l

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•ENT 8r-t'<NCH 

.,f\ ENfORCEN.,!.EG'O''' 5 ,.., u.s. Ef'AP ' . ' 

Dear Ms. Hedman: 

September 6, 2013 

Thomas W. Easterly 

Commissjoner 

RECEIVED 

1SEP 10 20\3 

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

Re: State Implementation Plan Submittal for 

Indiana Regarding 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) 

Pursuant to Section 110 of the 1990 Clean Air Act and Title 13 of the Indiana Code, the 

Indiana Department of Environmental Management (IDEM) submits an amendment to the 

Indiana state implementation plan (SIP). IDEM requests review and approval into the SIP of the 

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 implementation plan (SIP) 

approval on September 19, 2011. 

During review of the compliance monitoring rules at 326 lAC 3 it was discovered that 

Article 3 references a definition for "emissions unit" in 326 lAC 1 that is not SIP approved. The 

definition of "emissions unit" was added to Article 1 as part of a large minor new source review 

rulemaking (LSA #98-95) that was submitted to U.S. EPA on February 3, 1999, and 

subsequently withdrawn on June 11, 2010, due to issues with the minor new source review rules. 

To support approval ofthe compliance monitoring rules, IDEM is requesting that U.S. EPA 

approve the definition of"emissions unit" at 326 lAC 1-2-23.5 into the SIP. In order to assist 

with your review of this state implementation plan submission IDEM is resubmitting the 

supporting documentation for LSA #98-95. IDEM is not requesting U.S. EPA to act on any 

other portion of the LSA #98-95 rulemaldng. 

This submittal consists of one (I) hard copy of the required documentation. An electronic 

version of the submittal in PDF fonnat that is identical to the hard copy has been sent to Chris Panos 

at the U.S. EPA Region V office. In order to assist with your review of this state implementation 

plan submission, a list of supporting documents is attached. 

Throughout the development of these amendments to the existing rule, staff of the Office 

of Legal Counsel worked closely with your staff to ensure that any potential problems that might 

exist with this requested SIP revision would be resolved. I request that U.S. EPA approve 326 

An Equal Opportunity Employer 0 

A State that~ 

<i) Recycled Paper 
Ms. Susan Hedman 

Page 2 of2 

lAC 1-2-23.5 into Indiana's SIP. If you have any questions regarding this submittal, please 

contact Mike Dalton, Rule Support Section Chief, Office of Legal Cow;s,t;Lat (317) 232-8884. 

NK/sb 

Attachments: Supporting Documents 

4 

' Sincep~ly, 

\,~--;t,'/~~)/ A !t_VIJ./C 

' ' 

ancy Kiri'g 

Ohiei(·Rules Dev: opment Branch 

cbftl~e of Legal Counsel 

cc: Pam Blakely, U.S. EPA Region 5 (no enclosures) 

Steve Rosenthal, U.S. EPA Region 5 (no enclosures) 

Christine Pedersen, IDEM (no enclosures) 

SIP file 
Supporting Documents - LSA Document #98-95 

Attachment A:· Final Rule as published in the Indiana Register on January 1, 1999 (22 IR 

978) (pages included is limited to definition of"emissions unit" at 326 lAC 1-2-23.5) 

Attachment B: Signature Page 

Attachment C: Republication of Second Notice of Comment Period as published in the 

Indiana Register on November 1, 1997 (21 IR 801) 

Attachment D: Publisher's Affidavits 

Attachment E: Transcript of First Public Hearing held on February 4, 1998 and continued on 

March 3, 1998 

Attachment F: Transcript of Second Public Hearing held on July 1, 1998, including 

Response to Comments from the Third Comment Period 

Attachment G: Proposed rule as published in the Indiana Register on May 1, 1998 (21 IR 

3036) 

Attachment H: Administrative Checklist (40 CFR 51, Appendix V) 
I 

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ATTACHMENT A 
I 

I 

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I 
Final Rules 

personal flotation device may be carried instead of a required 

~rsonal flota~ion device if the Type V personal flotation device 

,; approved by the United States Coast Guard for the activity in 

which the recreational watercraft is being used. (Department of 

Natural Resources: 310 lAC 2. l-12-2:filed Dec 2, 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 

Proposed Rule Published: July I, 1998; 21 JR 3997 

Hearing Held: August 21. 1998 

Approved byAIIorney General: November 10. 1998 

Approved by Governor: November 25, 1998 

Filed with Secretary of State: November 25. 1998, 4:54p.m. 

Incorporated Documents 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 general provisions. 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. Adds 3261AC 2-5.1 concerning construction of new 

sources. Adds 326 lAC 2-5.5 concerning registered sources. 

Adds 326 IAC 2-6.1 concerning minor sources. Amends 326 

lAC 2-7 to include provisions for the establishment of emission 

caps and to provide procedures for Part 70 sources to obtain 

approvals to modify the source. Amends 3261AC 2-8 to include 

provisions for the establishment of emission caps and to 

imple"ment stream lined permit revision procedures and a unitar:' 

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 lAC 2-12 concerning general 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 lAC 2-8-11. Effective 30 days after filing with the secretary 

of state. 

HISTOR\' 

First Notlce 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 or Second Notice or Comment Period and Notice of 

First I karing: 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 local ion intended for its usc. 

Construction does not include any of the 101\m\·ing: 

(I) Installation of building supports and foundations. 

(2) Laying underground piping nr ;~rbors. 

(3) Erection of storage structun:s. 

(4) Dismantling existing equipment and contwl JL·\·ices 

Indiana Register. 1:ofume ll. Numher .J . .lamuuy I. /C.)<) I) 

978 
(5) Ordering Of equipment 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 

or major modification as defined in 326 lAC 2-3. (Air Pollution 

Control Board, 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·/J p.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 part or activity of . 

a 'stationary source that emits or has the potential to emit 

any regulated air pollutant under the Clean Air Act (CAA). 

{Air Pollution Control Board, 326/AC l-J-23.5:filed Nov 25. 

1998, 12:13 pm.: 22 1R 979) 

SECTION 3. 3261AC 1-2-421S AMENDED TO 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 of operation 

of any existing faeHity which emissions unit that increases 

the potential ortega-Hy allowed Clllissicus (whicltc 9ct -is more 

sliittgwt) of to emit any regulated pollutant that could be 

emitted from the ~ em.issions unit, or which that 

resu Its in emissions of ariy regulated pollutant not previously 

emitted. For p01 poses of 3-Z6- tA€~ the foi\cwhlg a-p-pty.-

ft] "M~dification" d-o-enotindttde the repair or 1 cplacuntltt 

of an air pclltltion emitting faeHity or mr pcllutioll contro-l 

cqu i pmcnt or com pcucnt:o; thereof if the repair or t cplacet uen t 

i<mmle: 

(11<1 itt ord:e1- to rctttm the facility; p1 occss. or cvntrnt 

cqnipntttlt to norma-l opel at ion after ;m upset; 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 potential tocmrtforcoch ltgulated pollutant 

that i< ~ thm "" eqmtl to the potential to cmrt of the 

cquiptittttt that~ ltpaiLcd or Icplaccd, mtdtsnot~ 

modification ttntfer -n6 fA€ 1 2 1 01 3-Z-6 tA-€ B-+: 

{:27 ff the 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- a cotttplcte 1 eplacu••e•1tof an existing air pollution emitting 

Final Rules 

facittty or rontrol- 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- 376 tA€ 2-1 1 (b)(2), rn- i< other: 

wisecm-eredby 376tA€ 2 1 I (b)(J), then an application for 

a pCtndt or 1cgistiation mt:tSt be submitted to the COli IIIlis 

stoner no tater than thirty (:3-BJ ca I en dat days trl"ter i 1 t it i a tit t g 

the tHicigtncy repairm repiaecntcnt. 

(2) Construction of one (I) or more new emissions units 

that have the potential to emit regulated air pollutants. 

(3) Reconstruction of one (I) or more existing emission 

units that increases the potential to emit of any 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. 12:13 p.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. Afaettity An emission unit shall be considered to bt: 

reconstructed when the fixed capital cost of the nev·· components exceed fifty percent (50%) of the fixed. capital cost of a 

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 I 0. /i.J88, ! .-]() p. Iii . .-

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

SECTION 5. 3261AC 1-2-73 IS AMENDED TO 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 of one (I) or more facilities -mnclt 

stationary emissions units that are located on one (I) piece of 

property or on 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 

more contiguous or adjacent 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 

06-0 l-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 

I 

I 
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:(I) 

:tra. -

lted 

tion 

1ew 

l. 

lply 

irst 

lu~ 

as a 

and 

ater 

the 

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as a 

for 

• 

TITLE 326 AIR POLLUTION CONTROL BOARD 

FIRST NOTICE OF COMMENT PERIOD 

#97-18(APCB) 

Pl!VELOPMENT OF AMENDMENTS TO RULES CONCERN-

.jj;ING EMISSION REPORTING 

friRPOSE OF NOTICE 

~The Indiana Department of Environmental Management (IDEM) 

(sOliciting public comment on 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 of the area. including 

the character of the uses of surrounding areas. 

(3) Zoning classifications. 

(4) The nature of the existing air quaJity or existing 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 

\ ~: The emission 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 of air 

DoUutarus. One issue that has been identified is the lack of definitions 

Air Programs Branch 

Office of Air Management 1an 

s of 

day 

s of 

Jr· 

I~ 

! IR' 

28, 

~mrer-

' 8, 

for 

•sed 

~rs. 

ing 

· some of the items that are required or discussed in the rule. for 

,....ample, AFS. AIRS. and capture efficiency. There are also 

rDstances where defmitions under 326lAC 2-6 are not consistent with 

~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 of paniculate matter that are regulated under 326 lAC 

"lnd the types of paniculate maner that will be required to be reponed 

imder this rule. The current rule includes paniculare maner with an 

aerodynamic diameter less than ten (10) microns (PM1

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 of hazardous 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 of HAPs and would provide the public 

\itb infonnation concerning HAP emissions. IDEM solicits com-

~nts concerning different approaches w be used for including HAPs 

~ning under this rule. IDEM recognizes that quantifying emisJr.io~ ~fHAPs is often not straightforward. due w the lack of reliable 

~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 of years or focusing 

on a subset of the one hundred eighl}'-nine (189) listed HAPs. 

-;;. 

lSTATUTORY AND REGULATORY REQUIREMENTS 

~ c IC 13-14-8-4 requires the board to consider the following factors 

_ ftn promulgating rules: 

(1) All existing physical conditions and the character of the area 

affected. 

Indiana Depamnent of Environmental Management 

P.O. Box 6015 

Indianapolis, Indiana 46206-QOlS. 

Hand delivered commentS will be accepted by the IDEM receptionist 

on duty at the tenth floor reception desk. Office of Air 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 information regarding this action may be obtained from 

Roger Letterman. Rules Development Section. Office of Air Management, (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 OF NOTICE 

The Indiana Depamneot of Environmental 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 public comment on the draft rule language. IDEM 

seeks comment on the affected citations listed and any other provisions 

of Title 326 that may be affected by this rulemaking. 

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: 326 lAC 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 of the 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 where no discernible environmental benefit derives from 

the permining process. 

In August 1996, IDEM published a second notice of rulemaking 

that included draft rule language. The draft rule language addressed 

proposed. changes to the federal new source review regulations, 

legislative changes passed by the 1996 General Assembly that affected 

penniaing of certain categories of modifications. and a streamlined 

process for review of •pollution control projectsR. IDEM received 

many comments concerning the draft rule language and also concern~ 

ing the timing of some of the proposed changes. Due to the number 

and content of comments and changes that have occurred since the 

August 1. 1996, Second Notice of Commem Period, the agency has 

decided to republish a second notice of rulemak.ing. 

This notice mamtains the agency's previous intentions of streamlining 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 restructure the pennit requirements under 326 lAC 2-1, and has 

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; 

326IAC 2-1.3, Existing Minor Sources; and 326 lAC 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 set of 

•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 

establish pennit terms and conditions for emission caps and advanced 

approvals. The new rules still include the. streamlined pennit process 

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 under 326 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, IDEM has revised the administrative amendmentan1

r 

pennit modification sections under the Federally Enforceable StaJe 

Operaung Pennit (FESOP) rule, 326 lAC 2·8, to incorporate some 01 

the same provisions for modification of minor sources. This was done 

in order to pro~ide the s~e degree of integ~a~on and consistency 

between the vanous permit programs. 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 Pan 70 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 Pan 70 pennit program. 

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 of the 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 FROM THE FIRST 

COMMENT PERIOD 

IDEM requested public comment from February 1, 1996, through 

March 1, 1996. on alternative ways to achieve the purpose of the rule 

and suggestions for the development of draft rule language. IDEM 

received comments from the following panics by the comment period 

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: IDEM should adoptStreamlined provisions for like-kind 

replacemem of equipment. (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 of any one (1) pollutant. (LLY) 

Response: This exclusion was included in HEA 1265. IDEM bas 

incorporated this provision inw the draft rule language. 

Commem: IDEM should amend the minor NSR rules to accommodate the use of Title 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: IDEM agrees that emission caps and advanced NSRare 

imponant tools in creating a sueam.Jined permitting process and is 

committed to exploring the options these tools may provide the agea<:Y. 

and the regulated community. The agency believes that additiooa[_ 

inpui from interested parties should be solicited before draft rules are 

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

802 
ltlJI 

The 

,.,.. 

197), 

licirJ 

1tion 

lOry 

I by 

it iD 

able 

Thus lhe agency solicits additional comments. In addition, 

considerable uncertainty about how lhe U.S. EPA intends to 

~,apt>rmtch,es that use Plant-wide Applicability Limits (PAL) or 

caps in federal permitting rules. 

·IDEM should clarify the procedures for rev1sing permit 

for rescinding permits that are no longer necessary. 

,,_,••••·1rh• issue will be considered 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 of COOU'l).ents on the draft rule 

!~~Z~in~cluding sUggestions for specific revisions to language to 

in the draft rule. Mailed comments should be addressed to: 

197-I(APCB)(NSR Amendments) 

· Janet McCabe; Chief 

,,.11!>1\lf Programs ·:aranch 

Office of Air Management 

Indiana Department of Environmental Management 

P.O. Box 6015 

~ Indianapolis. Indiana 46206.0015. 

~d delivered commentS will be accepted by the receptionist on 

*"'at the tenth floor reception desk, Office of Air Management, 100 

-Senate Avenue, Indianapolis, Indiana. 

11'.11\;fF.NT PERIOD DEADLINE 

IC 13-14-9 Notices 

mHt ffial wa& ~ eF FBf!laseQ, llfl4. is fi9ot 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 :20 p.m.: 11 lR 2373: filed lullS, 1993, S:OO p.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. For the purposes of this article. the defmition given for 

a term in thh rule shall control in any conflict between 326IAC 1·2 

and thh article. In addition to the defmitiom provided in IC 13-11-2 

and 326 lAC 1-2, the following defmitions apply throughout this 

rule unless expressly stated otherwise or unless the context clearly 

implies otherwise: 

IE' "''t!'~CcJ,mineilts must be postmarked or hand delivered by December l, 

., 

(1) "Authorized individual" means an individual responsible for 

the overaU operation of one (1) or more manufacturing, 

production, or operating plants or a duly authorized represen .. 

tative of such person. For any public agency, it means either a 

ranking elected official or the chief executive officer or a 

designated representative of such person having responsibility 

for the overall operations of a principal geographic unit of the 

agency. 

ugb 

rule 

EM 

nod 

hod 

\l's 

:ind 

has 

iew 

uy· 

'"' OUI 

lbe 

01 

.. ..:Additional information regarding this action may be obtained from 

~er Letterman, Rules Developmem Section. Office of Air Manage· 

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 "Modification11 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 of operat_ion of any 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 could be emitted from the source or emissions 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 alf pBlll:l-tiBR 69fMfEM Bf(l:llpiRBAl &f 

Ji Ci8Hlf19RBRI6 ~if~ HpiMF &f U(d&BBHIBAt 4& Hia4&;. 

~ ~ift~l9HQiFRffie~JIFBSB61ic M~ Bf(YipHIBRt 

• f' 

(! 

le. ReHRai apnatiaa ailef. H upH1T malFY:astiaa1 ~esA.aaieal 

failuHt ... 

~ fJFBGiiSS; &F 69fKF9I i!ltY:ifUR8Rli af\4 

~ ~ tit a fJBtBRlial l9 &RtK fef ea&a regwlatefii pallwt.a.Rt 

~ i& ~ Nft &f.~ ~ ~ fJ8lBRtial18 8fRH ef ~ ~ 

(2) "Emissions unit" means any part or activity of a stationary 

source that emits or has the potential to emit any regulated air 

pollutant under the Cll!llll Air Act (CAA). 

(3) "General permit 11 means a permit that is applicable to a 

class or category of sources or modifications thereto, whether 

or not under common ownership or control, that are Subject to 

similar applicable requirements. 

(4) "Operation" means multiple pieces of like equipment, 

multiple like processes, multiple like plants, or a,ny combination 

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 

operational limitation on the capacity of a source to emit an air 

poUutant, including air pollution control equipment and 

restrictions on hours of operation or type or amount of material 

combusted, stored, or processed shall be treated as part of its 

design if the limitation is enforceable by the appropriate air 

pollution control agency. Potential to emit does not alter or 

affect the use of potential to emit for any other purpose under 

the CAA, (or the term 11 capacity factor 11 as used in Title 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 

physically connected and operated in sequence which, when the 

process is operated. could operate independently to generate 

energy, refine or produce materials or parts, or produce a 

fmisbed product. 

(7) ''Source'' means any building, structure, facility, or instana .. 

tion that emits or may emit any regulated air pollutant or any 

poUutant listed under Section 112(b) of tbe 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 of a modification required 

under this article and the sources or emissions unit or units 

required to obtain a registration, permit, or modification approval 

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. If after r,eview of a permit applica .. 

lion, the commissioner determines that the source or emissions unit 

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 to require sources or emissiom unit or units 

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 

change would increase the potential to emit of the source to 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 

exemption under this rule does not exempt a sourc~ from any other 

requirements applicable to the source under this title. (Air Pollution 

Control Board; 326 lAC 2-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 in this article shall allow for the circumven~ 

tion or violation of any federal law or regulation or the requirements under 326IAC 2-2, 3261AC 2-3, 3261AC 2-7, 3261AC 2-8 

or 326 lAC 2-9. 1u tbe case of a conflict between Ibis rule and a 

provision of federal Jaw or regulation, the more stringent requirement shaD apply. 

(b) Any person proposing the construction or modification of a 

major stationary Prevention of Significant Deterioration (PSD) 

source or major PSD modification as dermed under 3261AC 2-2, 

that is or will be located in 8.n attainment area or unclassified area 

under 326IAC 1-4, sbaU comply witb tbe requirements of326IAC 

2 .. 2 In addition to the applicable requirements of this rule; 

(c) Any person proposing the construction or modification or 

major source or emissions unit as defmed under 3261AC 2-3 , .. ~ will: ,..,.... 

(1) significantly impact upon the air quality of a nonattainmem 

area; or · 

(2) be located in a nonattainment area under 326 lAC 1-4, sb.oQ 

comply with the requirements of 326 lAC 2-3 in addition to the 

applicable requirements of this rule. 

(Air Pollution Control Board; 3261AC 2-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) TJle commissioner sball not issue a 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 

approval would allow a violation of a Prevention of Significant 

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 of the public health. 

(b) The commissioner shall reserve the authority to require any 

source to perform an air quality analysis to demonstrate compliance witb tbe National Ambient Air 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 under 326 IAC2-t.2 .. 2 or a construction permit unde.r 

326 lAC 2-1.2-3 at Ibis same location, excluding tbe foUowing; 

(1) Construction of a major PSD source or major 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 subject to 326 lAC 2-1.2~; or 

(B) emits or has the potential to emit, in the aggregate, teD 

(10) tons per year of any bazardous air poUutant or twenty· 

live (25) toM per year of any combination of hazardous air 

poUutants listed pursuant to section 112(b) of tbe CAA. 

(b) At the time a permit revision application is submitted, 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 of the proposed 

Indiana Regisrer. Volume 21, Number 2, November 1, 1997 

804 

t 

' l 

f 

f 

' 
ATTACHMENT D 

uU;;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 of which 

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 of lines 

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 of lines 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~ ~d0 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 of publication ($1.00 for each proof in excess of two) 

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· era ling 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 of single column ~ ems Size of rype ......3.......: point 

Number of insen:ions ~0 1 • _______ 3:1 b 

Persuam to rhe proui.sions and penalties of Chapter 155. Acts of 1953. 

I hereby certil}r that the IOregoing account is just and correct. that the amount claimed is legally due. afteE}i•.Jlowtng all just credits. and 

Lhat no pan of the 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 

0orm65-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. being duly swom. says 

that__s_ he is !:: • of the 

INDIMt-JAPOLIS \i:-1-!SPAPERS r 1 NC. 

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 paper for --'- time __ . the dates of publication 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 of Accounts 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 

Dis olav ~:fatter (Must not exceed two actual lines. neither of which shall total 

Legal Notice of Publ~c Hearing ur solid lines of type in wh1ch the body of the 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 of lines 

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 m1t orograms under lnd 1ana 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 1rements 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 of publication ($1.00 for each proof in excess of two) 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 f11i lollowmg 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. . I \ ~ . . . : s · . 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: DEC 26 Clerk 19 97 --"-'--''-"---· ___,0-'..-_ 

'::: -- ~ 

,, 

. . 

'· l ,. 

·~ 

PUBLISHER'S AFFIDAVIT 

State of Indiana ) 

) 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 of publication being as 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 of type 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 1 4 !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 follo~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~~~enla evant should contact ,,diane Department or EnA~~~~an~i~h Mofs~b~~3e~ 11

A~' coordinator at· ] Attn: Carolyn Moorman, ADA C Coordinator 

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 and publlahed 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, Penn it Review Rules 

Notice is hereby g1ven under 40 CFR 51.102 that lhf Indiana Air Pollution Control Board {l:oarO) will hold a public heanng at its regularly scheduled - ··'VI on Wednesday, February 4, 

'·'.'( he puf])Ose of this heanng is to public comment on amend- .... .s tcJ existing rules and the addi- tilTl or new rules at 326 lAC 2. Perm1t 

Review Rules. that are proposed to be 

preliminary adopted by lhe boar~. The 

meeUng will convene at 1:00 p m. 111 

the Gonlerence Cenrer, Room A. at the Indiana Government Center Souill, 402 West Washmgton Street, 

Indianapolis, Indiana. All. intarested persons are inv1ted and Will be given 

reasOnable opportunity lo express 

their views concerning the draft rules. 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 Court Avenue, 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 

rndiana 

.111-Caoiyn 

Department 

M.:mTm,NJA 

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 a m1nimum 

of 12 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... -----

(Govcrrunent Unit) 

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 of which shall total more than 

four solid lines of type in which the body of the advenisemenl is sel) --

Nwnber of EquivaJent lines 

Head -- number of lines 

Body -- number of lines 

Tail-- number of lines 

Total number of lines m notice 

COMPUTATION OF CHARGES 

144 lines. columns wide equals IH 

a\ 266 

Additional charge for notices containing rule or mbular work 

(50 percent of above amount) 

Charge for extra proofs of publications ($1.00 for each proof 

In excess of two) 

TOTAL MjOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Width of single column -"'8."-8- ems 

Nwnber of insertions 2 

Size of type 5 112 point 

Pursuant to the prmistons and penalties of Chapter 155, Acts 

\953, 

]8,30 

38.30 

I hereby cenify that the foregomg account IS just and correct. that the amount claimed is legally due. after 

allowing all just credits, 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 in and for said county and state, the undersigned 

Jovce A. Herron who, being duly sworn, says that ~ Is BOOKKEEPER of the 

newspaper of general circulation printed and published In the English language In the (city) (town) 

county aforesaid, and that the printed matter attached hereto Is a true copy, which was duly published in said paper for 

time(s), the dates of publication being as follows: 

DECEMBER 30. !997 

Subscribed and sworn to before me this 31 

NOTARY RESIDENT OF PO 

state and 

I 
1 Legals 

Legal Notice 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, February 4, 1998. The 

purpose of !hill hearing i& to 

receive public corrunent on ameod-

' ments to existing rules and the 

addition of new 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 are invited 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) .............................. ·----------

~-1beru1em.a.kingthai.istheaub- C h 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 are required 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 Part 70 and 

PESOP prognum:. 1lle rulema.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 

State Slrcet, 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: It the 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 

IDY penon upo11 payment or repro- ~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 I Environmenta1 Management, 

Office of Air Managcmeb.t, Room 

IIOCll,IndiaDa Gov~ment Center 

North, 100 North Senate Avenue, 

l

lndilmapoli• or call (317) 233-

&342cr(800) 451-6027 ext. 3-8342 

(iD. Indiana). 

I 

Felicia R. George . Auistant ColllllliMioner 

Ortico of Air · 

! 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 me 
gaJ 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 a public 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 

1

uiremenls. 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 m the addiUan o! new rules and 

1Uid revise the permit revision ~uirements under the Part 70 and 

SOP programs. The rulemak(ng 11 not significantly aller the 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- m at 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. A transcnpt 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 of the 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~ovida a minimum ol72. hours' notifi· 

Form Prescribed by State Board of Accounts General Form No. 99P (Revised !987) 

IN Dept of Environmental Mgmt 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 not exceed two actual lines. neither of which shall total more than 

four solid lines of type in which the body of the advertisement is set) -

Number of Equivalent lines 

Head - number of lines 

Body - number of lines 

Tail - nwnber of lines 

Total number of lines m notice 

COMPUTATION OF CHARGES 

155 lines, columns wide equals !55 

at .294 

Additional charge for notices containing rule or tabular work 

(SO percent of above amount) 

Charge for extra proofs of publications (Sl.OO for each proof 

~ excess of two) 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Width of siogle column --';8.';'8-

Number of insertions 2 

ems 

Size of type 5 1/2 point 

Pursuant to the provismns and penalties of Chapter 155, Acts 

1953, 

45.57 

.--' _.....,."~· --· 

45.57 

I hereby certify that the foregoing account is just and correct, that the amount ciaimed is legally due. after 

allowing all just credits, and that no part oflhe same has been paid. 

Date: ~JUNE==--"0.:.2 ___ '19 ~9"'8 __ Title: BOOKKEEPER 

PUBLISHER'S AFFIDAVIT 

State of Indiana 

ss: 

V ANDERBURGH County 

Personally appeared before me. a notaiy public: in and for said counry and state, the undersigned 

Joyce A. Herron who, being duly sworn, says that ~ Is BOOKKEEPER of the COURIER 

newspaper of general cuculation printed and published In the English language In the (city) (town) of EVANSVILLE in state and 

county aforesaid. and that the printed matter attached hereto Is a true copy, which was duly published in said paper for I 

time(s), the dates of publication being as follows: 

MA¥29.1998 

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

NOTARY RESIDENT g.~~ d~~ expires 09/28199 
"teial Noticeai-Pubnc ~'= ... =-'~--",ed by State Board of Accounts General Form 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· 

vi ted· and Will be- given reasonable Opportunity. to ex- . . . pressi:l'leir:views concerning-the draft rules. tter (Must not exceed two actual hnes, netther of wh1ch shall total 

-· · _ . . . . . ·. ·. · ·. 'our solid lines of type in which the body of the advenisement is set) The rulemakmg that rs tfle SUbject ·of tt)IS hearing f equivalent 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 of hnes 

·!eiJif.~¥~-t~t . . . 

Dr. 

vtSiOO-, ~~ unper._; ~:,i:\~~ .. ESOP er of lmes m nottce 

•"32.5 ~'n.~~'~ -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 of publication ($1.00 for each proof in excess of two) 

~~-·~ ~·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 

made -EnVJronmenlal ava•lable to Management any pe150n upon 

aod copieS 

payment m<J)' of rebe ~ >..S:::: _ _ _ ..\.. _ ""'\ f"v--. \ ~ 

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 gf IJz -en! 

•• 

PUBLISHER'S AFFIDAVIT J. E.i\11. 

State of Indiana ) 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 of the The Journal-Gazette newspaper of general 

emulation printed and published in the English language in the (city) (town) of 

Fort Wayne, 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 of publication being as followa: 

,, •

_Subscribed and sworn to bef lO'ttt day of MAT . '-_{;i:\~fi.J._, 

~YMARPUBn';t~ ;;z:u 

My commission expires: ~~~ -~ _ ALLEN COUNTy 

MY COMM!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 1 fer 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. 

1 the 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\ .1dl11 na 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- (Must not exceed two~s neither of which 

shall total more than four solid Une t e iJJ{~ 

of the advertisement is set]. Numb · di; V ..d.il..i 

Head- Number of lines JUN 8 1998 

Body - Number of ltnes 

State Of lndl•n• 

CQI)t. o1 Environmental Msm,t:._ __ _ 

.Otftce o1 Air Mano~~aemem- Tall - Number of ltnes 

Total number of lines 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 of puDl!Catlon ($1.00 for each proof in excess of rw-o) $ 

---------· --· ---------· 

lUJ'AL AMOUNT OF CIArM 

1\.TA FOR COMPlinNG COST 

Width of single colulllil7~ ems $ 

Number of Insertions ~ $ _______ 4_L ~-

Persunn£ £O the prouisJDns and penalties ofChaprer 155. Acts of 1953. 

I hereby certify tllat the. foregoing account Is just and correct. that the amoWll claimed Is legally due. after aJJowtng all just credi/~; rY 

that no part of the 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 of Indiana 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 of general 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 of publlcaUon 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 LINE 
1tice 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 exceed two ~~,.a;.~hlcb. sha.ll tota.lmora 

that four solid lines of m>• 1n wblcb. ~A~lf5~&t 1s sst) -number 

of equivalent lines 

N°o r~h~~~~e~~ ~~~? JUN 1 5 1993 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 is hearing that concerns is iha --------------------------..,.------------------------------ 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 conts ln1p 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 ·in g. 

: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 1 or request1ng not1ca •van written notice ol of the board. 

ldltional inlormatioo. ger Letterman. at !ha !partment of Environ. lnagement. OtlTce .o[ 

remenL Room 1 Odl, 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 

s. 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. notary public 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( / q 9' 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 

lctice ia blnby pveu 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 ... : ..... .lfnment on amen~nlllO 

Jting rules and the addition ~C , rules at 326 lAC l, Permit 

riew Rules which arc proposed ,. prcliml"")' olopled by lhe 

1d. The meeting will 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 

?Ul3LISHER1 S CLAIM 

L U."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"Cee of m 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 available for 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 of Lbe record, · 

~ta ab~d Qc auboitted ia,: 

dJ.m"-' 

~~ " _Jl~~niell~~bO-= l,li"e "Ahe.ildant" deli,_;;: 

1!10-, -.~ wri!ie-a COIDIDCw :: 

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..-ubmfulona lO lbo ; 

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:: ~~e ·tlllpectkia ~- ~ 

~nmen~~-·-l:- 1 may be 'mad_e •vailllblo 10 non upon fiii}'IIleJJI of repro- D COSLI. Any pcnoa beln:t or 

enled _at the hearing or 

tf ng . notice &hall be &i ve.a I noLice o_f the act.io_.a of the 

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 

·APistant Cornmiaioner 

tap~ oC_AU:,: "t:.r,.,. .. ;,: .\.idUall tequliing ·reason· lble rrccorrumdatiow for paticipitloa in thlt event should co.atact -~-- _ lndlaaa :pepartment of 

~vtronmental Mua.gemcDt, -

--~ wilb DIJabiiitic. . Act ~-lriat~: ··at: ~.Atm.:: --Sandy :1{.-.oor.- ; :ADA CoOrdin.ator, 

li!dJau · . · Deputme11t ·. -~ '.ol fi'""' Ayenue.;p,o. ~ Bo:c601.S, ... 100' u~ IN 46206-6011 .. ) 233-1.78! (V). (117) 

iiiihwmgnn'!.~ijib,":: 

. . ~~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 1rEFFERSONMILI.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 

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.· ... 

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 
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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 

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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 
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,! 

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. 

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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 the 

48 

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 . 
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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 a 
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,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. 

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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 I nd ana 

Dept at Environmental Ms:mt. 

.Office of Air Manaaement 
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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 
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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 

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( 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 

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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. 

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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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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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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. 

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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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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, 
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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 

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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. 

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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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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 

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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 
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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 
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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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MR. DUBENETZKY: So, once you 

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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 

l 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 

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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 

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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 

Indiana Department of Environmental Management· 

100 North Senate Avenue 

PO Box 6015 

Indianapolis, Indiana 46206-6015 

RE: Testimony of Eli Lilly and Company 

March 4, 1998 Air Pollution Control Board Meeting 

New Source Review Permitting Rules (#96-1 APCB) 

Dear Chairman Rariden: 

Eli Lilly and Company (Lilly) appreciates the opportunity to testify in support of the 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. We make 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 of pieces of relatively small, flexible equipment. Because of 

these characteristics, the new source review program is one of the most significant environmental 

regulations affecting our operations. As a result, Lilly urges you to preliminarily adopt the 

proposed rules affecting the new source review program. 

I think it is important to recognize the performance of the staff of the Office of Air Management 

in this rulemaking process. First, the staff most involved in writing the rule language and 

analyzing hundreds of comments they received has put forth a tremendous effort to bring this 

rule before you today. New source review is perhaps the most complex part of implementing the 

Clean Air Act, and the staff has 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 of February the staff 

organized and led seven public meetings with interested parties. In all of these meetings the staff 

listened to the concerns of those attending the meetings. These meetings were an excellent 

opportunity for the staff and interested parties to discuss ideas in greater detail and to explore 

questions and issues more fully. The result is a rule that I believe most interested parties will 

support. 

Lilly was involved with a joint Indiana Chamber of Commerce (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 of four categories. The joint Chamber/IMA group 

generally recommended the following: 
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Mr. David Rariden 

March 4, 1997 

Page 2 

• Simplify the rules to make it easier to understand when you need to get a permit and what 

kind of permit you need to get. 

• Streamline the permit review process so that the amount of agency review matches the 

environmental significance of the project. In other words, have less review for little projects 

and more review for big projects. 

• Integrate the state permitting program with federal permitting programs such as PSD and 

Title V. This will eliminate inconsistencies that confuse people. More importantly, it can 

reduce overlap and redundancies in the two levels of permitting programs. 

• Develop innovative permitting processes to increase the operational flexibility of sources 

without reducing environmental protection. 

Although the rule package before you does not fully achieve all of those objectives, it is 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 of where the proposed rules are great improvements 

over the current rules. The proposed restructuring of the 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 can be done, such as combining all the new source and 

existing source requirements for a particular source type into one rule. 

One of biggest improvements 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 of the 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 staff to define the level of review necessary for changes the source can anticipate it will make 

over the life of the permit. 

In addition, Lilly supports the proposed requirement that the source need only notify the agency 

when adding equipment that will be subject to requirements already spelled out in the source's 

operating permit. We also support the notice only requirement for equipment subject to welldefined requirements such as some of the federal MACT standards, NSPS rules and state RACT 

rules. 

Although I have spoken glowingly about the rule thus far, I do not want to 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 of our plant sites would have to be signed by very high ranking officials of the company. 

The availability of these people, even their presence in this country, is often limited. It could 

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. For example, the rules should require the agency to consider the 
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Mr. David Rariden 

March 4, 1997 

Page 3 

cost of any monitoring, whether there are Jess costly alternatives that achieve similar results, and 

other factors. There is still time before final adoption to work through some of these issues. 

We may not be able to solve all the issues these new rules raise in the short time frame we have 

left. Sometimes it is easy to get caught up in the details of such complex regulations, and those 

of us 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 of complicated 

categories, exemptions, exclusions to the exemptions, and so forth. For example, a newly 

constructed plant site can fall into one of six different categories of permit reviews or 

exemptions. Likewise, a source operating today will fall under one of seven 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 staff at OAM for their efforts so far. 

The results of their work is a proposed rule that in many caseS will shorten the permit approval 

period. For Lilly and most other Indiana companies, this is welcome news. 

Sincerely, 

(

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ELI LILLY AND COMPANY 

Bernie Paul 

Technical Group Leader, Air Program 

Environmental Affairs Division