## ATTACHMENT 

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## IC 13-14-9 Notices 

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1 

### TITLE

### 326 

## AIR POLLUTION CONTROL tal improvementprojects to create a solid program that yields 

### BOARD environmental benefits. An environmental management system(EMS) is a system for SECOND NOTICE OFCOMMENT PERIOD identifying, controlling, and monitoringactivitiesthatimpactthe LSA Document#05-232(APCB) environment.The system integratesenvironmentalresponsibilities into everyday business decision making leading to a OF 

### NEW RULES 

### THE proactiveapproach to environmental management ratherthan a AND 

### reagtive one.All employees associated with those processes or COMPREHENSIVE responsibilitiesthat could have environmental implicationsare ACTION NETWORK informed of the environmental aspects of the organization, PURPOSE OFNOTICE

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for a new article at 326 IAC 25 concerning two voluntary performance based leadership programs.TheEnvironmentalStewardship Program (ESP) and Comprehensive Local Environmental Action Network (CLEAN) arenewIndianaprograinsthat offerrecognition and incentives for companies andunits oflocalgovernmentthat consistently demonstrate environmentalstewardship and strive forcontinual environmentalimprovement initiativesinIndiana's environmental programs. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected'bitations listed and'Wy otherprovisions ofTitle 326that may be affectedby this rulemaking. HISTORY

First Notice ofComment Period: September 1,2005,Indiana Register (28 IR 3665).

Continuation ofFirst Notice: April 1,2006, IndianaRegister (29 IR 2373). CITATIONS 

### AFFECTED: 326 IAC 25, AUTHORITY: IC 13-14-8; IC 13-17-3-1; IC 13-17-3-4;Public Law 100-2006. SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING Basic Purpose and Background

The purpose of this rule is the creation of two voluntary environmental performance based leadership programs to promote continuous environmental improvement in Indiana. IDEM is proposing the development of two programs, the Environmental Stewardship Program (ESP) forbusinesses, and the Comprehensive Local Environmental Action Network (CLEAN) for units of local government. Similarto the United States Environmental Protection Agency's National Environmental Performance Track Program (NEPT), these state programs are designed to achieve environmental results by recognizing innovation, motivating organizations to work toward environmental improvements, and complementing existing regulatory activities. Theseprogramsfocuson environmental outcomes suchas

### reduced emissions,reducedwaste, and lower discharges. Performance based leadership programs combine elements such 

### as environmentalmanagement systems, a historyofregulatory compliance, and continuousenvironmenpotential environmental impacts of those aspects, and their responsibilities to ensure compliance and environmental protection. An effective EMS helps 

### an organization to avoid, reduce, or control the adverse environmental, impacts of its activities, products, and services, achieve compliance with applicablelegalrequirements, and assistin continuallyimprovingenvironmental performance. Organizations with 

### an effective EMS also realize increases in operational efficiency and decreased costs, making them a better, cleaner, more stable employer. Since an EMS is site-specific, implementationof an EMS is practical and useful for organizationsof all types and sizes.

Membersofperformance based leadership programs mustbe in compliancewith regulatory requirementsandmust be ableto demonstrate ahistoryofcompliance.Before an organizationcan work towards goingbeyond compliance improvements,mechanisms must be in place to consistently take corrective and preventive actions and maintain compliance.

Continuous environmental improvement initiatives are projects the entity commits to implement that provide an environmental benefit that wouldnotbeachievedby compliance with applicablerequirements alone. Sample"commitments" by members of the NEPT that could be part of a state program include increasing the amount of material recycled, reducing toxic inputs into a process, working with suppliers on environmental projects at the suppliers' locations, reducing air emissions,reducing water discharges, reducingwaterusage,reducing energy usage, reducing the quantity of hazardous waste generated, and working with their local cornmunities'to identify and implementenvironmentally beneficial projects.

Stafftime is a limited resource for both IDEM and regulated entities. In order to allow high performers to focus their resources on environmental improvements, these innovative programs offer operational flexibility. This allows more strategically targeted resource allocations by members of the programs and IDEM to produce better overall environmental results. For example, one state performance based program worked with a member to reduce water effluent monitoring frequency, where a documented history of compliance existed, saving the member time and money. These resources were shifted towards effortsto reduce environmental impacts identified in the member's EMS and environmental improvement projects. Some of the improvements made by the member included elimination ofa toxicchemical fromthemanufacturing process, reduced water usage, energy usage and solid waste

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# - IC 13-14-9 Notices generation, and reduced BOD in wastewater effluent. National Environmental Performance Track Program

NEPT is a.federa1voluntary partnership program that recognizes andrewardscompaniesthat consistently exceedregulatory requirements, work closely with their communities,and excel in protecting theenvironment and public health. NEPT is based on the premise that government should complement existing programs with new tools and strategies that not only protect people and the environment, but also capture opportunities for reducing cost and spurring technological innovation.U.S. EPA provides exclusive regulatory and administrative benefits to NEPT members, including placing them at-low priority for routine inspections, and offers public recognition, networking opportunities, and other benefits. To qualify for NEPT, applicants must have adopted and implemented an EMS, show evidence of specific environmental achievements,have a history of sustained compliance with environmental requirements, commit to continued environmental improvement, and commit to public outreach and performance reporting.

In this rulemaking, IDEM proposes an incorporation by reference of a federal rule change for NEPT members. This provision is being added to state rules for consistencywith the federal rule, however, it is only available to members of the federal NEPT program. Environmental StewardshipProgram andCom~rehensive Local Environmental Action Network

ESP and CLEAN are voluntary programsthat recognize and reward entities.thatconsistentlyexceed regulatoryrequirements, work closelywith theircommunities, and excel in protecting the environment and public health. Both IDEM and the member organization commit to new ways of achieving environmental goals through this program. For Indiana organizations that consistently demonstrate environmental stewardship and make measurable efforts towards continual environmental improvement, ESP offers recognition, regulatory flexibility, and an opportunity to work directly with IDEM on innovative. pilot projects. IDEM sees this program as a mechanism to reward organizations that are currently taking a proactive approach to environmental management as well as a way to motivate more Indiana organizations to take the next step and take a proactive approach to environmentalmanagement.

CLEAN helps local governmenttake steps to plan, develop, and implement a quality of life plan, similar to an EMS. The quality of life plan addresses continuous environmental improvement and management ofthe community's environmental issues above and beyond thebaseline of regulatory compliance. Thequality of life plan consistsof four components:

(1) 

### mission statement; (2) environmental activities and goals; (3) implementation and operation procedures; and (4) 

### monitoring and reviewing the plan's progress. TheCLEAN CommunityChallengeis structured similarlyto the ESP and has eligibility criteria at least as stringent as the ESP. IDEMis addingthe CLEAN program to this rulemaking so that the programs can operate in tandem. Toqualify forESP and CLEAN, applicantsmust demonstrate that they have:

(1) 

### implemented an environmental management system (EMS) that meets the requirements of this rule; (2) evidence of sustained compliance with environmental requirements and a commitment to maintain the level of compliance necessary to qualify for the program; and (3) a commitment to continued environmental improvement through environmental improvementinitiativesoverthe term ofthe membership. TheESPandCLEANprograms requiremembersto submitan annual summary reporting on their progress toward their environmental improvementinitiativesand verifyingtheirEMS has gone through review and still maintains the standard necessary for participation. This annual summary will provide IDEM with measurable results attained through the member's initiatives. Differences Between the Federal and StatePrograms

Though IDEMhas worked towardsand continuesto strivefor consistency with the federal program, the ESP and CLEAN programs have some differences from the NEPT program on some program elements. IDEM desires to develop a program that encourages organizations to take that next step in the evolution of their environmental management responsibilities from compliance driven to beyond complianceand continuous environmental improvement. IDEM has reviewed and incorporated many elements from other state perfymance based programsand has also consideredthenatureof Indiana's natural and regulatory environment, yielding a program unique to Indiana. Some of the differences between the proposed state programs and the federal NEPT program are described below: Past Environmental Achievements: The NEPT program requires applicants to report results from two past environmental achievements. IDEM has elected not to require applicants to report on past achievements.IDEM'S programs are forward looking programs and designed to provide that mechanism for applicants to decidetotakethat nextproactive step to continuous improvement and are open to applicants just beginning this progressive approach to environmental management. IDEM feels that encouragingentitiesto become program members while they are in the early stages of developing a proactive environmental management system will provide support for hrther improvements and can providetheimpetus for seniormanagementto seethe value in progressive environmental management. IDEM also hopes that the Indiana programs will motivate entities to work to achieve higher levels of environmentalmanagement.

FutureEnvironmental Achievements:NEPT applicantsmust identify four environmental performance commitments in their initial and renewal applications. ESP applicants must identify one environmental improvement initiative in their initial application and one environmental improvement initiative in each annual summary as long as the member continues to maintain membership in the program. CLEAN applicants must identify five environmental improvement

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initiatives for the three-year membership. IDEM chose to have ESP applicants identify initiatives on an annual basis in order to better coordinate with the business planning cycle and with the environmental management system cycle of identification and prioritization of objectives and targets. IDEM understands thatmany initiativesmay take longerthan one year to be attained and the implementationtime frames for each initiative will vary. IDEM is electing to require three initiatives for.ESP rather than four in order to enable the member to focus more resources on attaining the initiatives and producing measurable results. IDEM feels that requiring three initiativeswill lead to better progress towards the goals of the initiatives and increased resource allocation by the

., 

### member toward each initiative. Environmental ManagementSystem:The EMSrequirements inthefederal andstateprograms arevery similar becausethey are based on the IS0 14001 basic elements. Both programs require an independent auditofthe EMS prior to becoming a member. Independent audits are conducted by parties not .directly employed .at.the location' being audited. and not directly involved in developing the EMS being audited.The NEPT program requires that before an interested entity may be accepted into the program, its EMSmust complete onefull cycle (plan-do-check-act). IDEM will require that members have an EMS developed and implemented (plan-do), andthat the member demonstrates that the cycle continues via the annual summarymechanism.As indicated earlier,IDEMfeels that by encouraging entities inthe early stages ofprogressive environmentalmanageinentto become members,theprogram will encourage more entities to take that 'next step towards proactive environmentalmanagementandcontinuous environmental improvement and provide impetusfor seniormanagement to see the value of the environmental management system.

Communitv Outreach: The NEPT program identifies community outreach asa separatecomponent ofthemembership eligibility criteria. The NEPT community outreach component requires identifying and responding tocommunity concerns, informingthe community ofimportant matters that affect it, and reportingonthe facility's EMS andperformance commitments.IDEM feels that these are appropriatecommunity outreach requirements.However, IDEM feels that these elements can be appropriately addressed by the entity's environmental management system. Therefore, IDEM is requiring the same cbmmunity outreach requirements as a required element of the applicant's environmental management system, providing an annual review mechanism of this important componentof the program. Incentives

Incentives are an integralpart of environmental performance based leadership programs.

Thedecisiontojoin a performancebased leadershipprogram will be a business decision for Indiana entities. These incentives offer business value and provide the opportunity to shift limited environmental managementresourcesfromcertainenvironmental respo.nsibilitiesto the entity's EMS and continuousenvironmental improvement identification and implementation activities. During the program developmentprocess, IDEM considered a variety of different incentives, only a few of which are included in this rule. Recognition, networking, and many regulatory incentives based on IDEM policy, procedure, and discretion will be described in more detail in separate ESP and CLEAN program documents. Those regulatory incentives that are based on existing state rules are included in this rule to provide the necessary authority for members to use the incentive. Additional incentives may be added in the future as the \.

. ..... .. , . . ,. . 

### program develops. IDEM anticipatesusing leadership entities to pilot future innovative environmental management strategies through this program. Proposed incentives that prove to jeopardize IDEM's ability to fulfill its environmental protection responsibilities, fail to provide anticipated business value, or create overly'burdensome requirements on program members may be removed from the program. Recognition Incentives: The most important mechanism createdby theESPand CLEANprograms will bethe capacity to recognize Indiapa entities that are taking a proactive approach to their environmental management responsibilities and attaining continuous environmentalimprovements. Ways in which membersmay receive recognitionfortheir commitment include public recognition via a press release made availableto local media outlets, IDEM attendance at an onsite membership announcement, a plaque or framed certificate, use of the ESP program logo in promotional 

### and marketingefforts, recognition at the annualPollutionPrevention Conference,and recognition on IDEM's ESP or CLEAN web page.

Networking Incentives: Because the members of ESP and CLEAN will be proactively working on continual environmental improve&nts, IDEM anticipates that the members will alwaysbe searching for new ideas. Networkingopportunitiescanprovide aforumforproblem solvi'ngand-the sharing of ideas, successes, and barriers. IDEM intends to organize and facilitate networking opportunities for members of the program.

Regulatow Incentives: Another key element of programs suchasESP and CLEAN istheideaofcreating administrative and regulatory changesto encourage exceptionalcompliance behavior, the use of government resources more efficiently, and improving the environmental economics for members. Good performers who are proactive with respect to environmental management do not require the same level ofdetailed regulatoryoversight as entities without these systemsin place and a history of noncompliance. Therefore, in an effort to reduce regulatorytransaction costsandregulatoryuncertainty for members,the ESPwill offer regulatory flexibility opportunities. Someof the regulatory incentivesmay include streamlined NPDES and air permit renewal processes, consistent contacts within each program area, pre- or post-application meetings; extended Federally Enforceable State Operating Permit (FESOP) and Minor sourceOperatingpermit (MSOP)

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# - IC 13-14-9Notices terms, alternative compliance monitoring strategies where compliance is demonstrated, lowered routine inspection priority, alternative reporting schedules (certain air permit quarterly reports can be submitted semiannually where deviations will still be reported quarterly), alternative reporting schedules for monthly monitoring reports (MMRs), dischargemonitoringreports(DMRs),andmonthlyreportsof operation (MROs),oneday advance notice of routine inspections, and expedited permit review where feasible. IDEM anticipates that the resources saved by members will be reallocated toward future continued environmental improvement. IDEM anticipates that regulatory agency compliance resources saved will be reallocated toward entities needing additional oversightand higher risk entities. The Indiana Environmental Stewardship Program and the Comprehensive Local Environmental Action Network are voluntary programs, therefore, rulemaking is not necessary to initiate theprograms. IDEM has chosen to pursue arulemaking pertaining to each of the regulatory programs (air, water, and solid and hazardouswaste)to establish theseprograms based on new legislation (Public Law 100-2006). This rulemaking will provide an opportunity for public input on the programs, to create regulatory incentives, and to provge consistency and clarity for the programs. IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed Under Federal Law



### No element of the draft rule imposes either a restriction or a requirement on personsto whomthe draft rule applies that is not imposed under federal law. There is no requirement imposed under this rule because it is a voluntaryprogram. Potential Fiscal Impact



### Because this rule is for a voluntary program, there will be no requirements with a fiscal impact. However, members taking advantageoftheprogram could seereduced costsfrom some of thepotential incentives.For example,theimplementationoftenyear permit renewalsunder 326IAC25-2-2 is likely to result in time and money savings for members choosing this option and for IDEM due to reduced paperwork. Public Participation and Workerour, Information



### Numerous public meetings have been held to discuss the intent and details ofthis program. No workgroupis planned for this rulemaking. Ifyou feel that a workgroupor other informal discussion on the rule is appropriate, please contact Karen Teliha, Office ofPollutionPreventionand TechnicalAssistance, at (317) 233-5555 or (800) 988-7901 (in Indiana). , ... .. % . . . . 

### Eli Lilly and Company (ELC) Indiana Cast Metals Association (INCMA) 

### Indiana Farm Bureau, Inc. (IFB) International Truck and Engine Corporation (ITEC) Milestone Contractors,L.P. (MSC) Following is a summary of the comments received and IDEM's responses thereto:

Comment:

### We support the effort to adoptthe program inrules where necessary; but believe timely implementation is most importantto gain the benefits anticipatedfrom such a program. We also have some concerns about rulemaking not providing flexibility to quickly adjust a new program that may need to be adjusted as more experience is gained from implementation. (INCMA)

Response: 

### IDEM believes such a program must extend beyond policy and agency discretion to provide the level of desired consistency and value to program members. This is achieved by adopting the program in rules. Very good progress is beingmadeind'raffing these rules. Legislation grantingIDEM authority to develop such a program has been enacted. IDEM

. 

### will begin to accept,membersinto the program providingthose benefits that are not dependent on rule revisions, but are based on IDEM policy and procedures. Upon completion of this rulemaking,theregulatory flexibility incentiveswill be available to members. Depending on the nature'of futiirk revisions and additions to the program, rulemakingmay be needed.

Comment: 

### We believe the federal performance program standards are adequate and that the state should mirror these standards in setting up a state program. Further, we support reciprocityfor the federal and stateprograms sothatthey will be linked and eliminate duplicate application submissions. (INCMA)

Response. 

### IDEM's eligibility standardswill be closelyaligned with those of the federal NEPT 

### program. There will be a few differences in membership eligibility criteria, however. IDEM anticipates that the slight differences will provide Indiana companies that are in compliance and desiringto take the next stepwith respect to their environmental responsibilitieswith the motivation and foundation to take that step.

The federalprogram requires a full one-year EMS cycleto be completed before allowing membership. 1DEM.aims to encourage Indiana entitiesto develop an Environmental ManagementSystem (EMS) by allowing membership once an EMS is implemented. The federal program requires documentation of two past voluntary environmental improvement initiatives. IDEM aims to encourage participation by entities in 

### the early SUMMARY/RESP0NSE 

### THE 

### stages of progressive environmental responsibility. Therefore, FIRST COMMENT PERIOD 

### IDEM is not requiring documentation of past environmental

IDEM requested public 2005, improvements. The federal program requires members to through ~ctober 3, 

### 2005, on alternative ways to achieve the identify four environmental commitments every three years at purpose ofthe rule and suggestionsforthe developmentofdraft the time of application or renewal. IDEM anticipates requiring rule language. IDEMalsorequestedpublic ~~fm-nent fromApril members to identify three environmental improvementinitial,

### 2006, through May 1, 

### 2006, On 

### the addition of the CLEAN tives over the three year membershipterm. In order to coordiprogram to 

### the IDEM received 

### comments the 

### natewith the business planning cycle and with the environmenfollowing parties by the comment period deadline: tal managementsystem cycle of identificationand prioritization

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of objectives and targets, members of ESP will be asked to identify one initiative each year of membership. The basic environmental managementsystem criteria are similarbetween the state and federal programs sinceboth follow the plan 

## - do 

### - check

# - act model.

Since the programs likely will not be exactly the same, membership will not be completelyreciprocal. Entitiesdesiring membership in both programs must meet the federal program requirements. However, IDEM does not anticipate that these differences will be burdensome for entities wishing to be members of both programs.

IDEM will be working with the U.S. EPA in the coming months to coordinate applications for membership.IDEM and EPA are aiming for a system 

### as described in this paragraph. If an entity applies for membershipin the federal program using the online federal application submittal process, that applicant will be ableto check thatthey are alsointerestedin applying for the stateprogram. Applicants applying for the state program at the sametime they are applying forthe federalprogram may be asked a few additional questionson their onlinefederal application. Entities desiring membership in both programsthat do not yet meet the federal requirements (for example they are not through a complete EMS cycle or do not yet have documentation oftwo past environmentalachievements), may apply to the stateprogram first, using the state application,then apply to the federal program later or the entity may wait and apply for the two programs together once they meet the federal program requirements. Entities desiring stateonlymembershipmay apply to the state program using the state application.Members with state only membership will be eligible for state incentives,but will not be eligible for federal incentives.



### Comment: We support the concept of a Performance Track program tailored to Indiana. Lilly has monitored the national Performance Track program sinceitsinception,buthasnot seen any significant advantages to participating since many of the flexibility provisions toutedby EPA have not been supportedby IDEM. For example, currentIDEM policy regarding the TitleV permit program specifies quarterly compliancereporting, which prevents us from taking advantageoffederalrules promulgated for national

### PerforrnanceTracksubscribersrequiringonly semiannual reporting. Therefore, we are highly supportive of identifying those opportunities to change rules andlor agency policy to allow recognition of good compliance practice and to allow innovative approaches to compliance. We understand that any such program mustresult in a higher level of environmental performance. We havemany examplesof wherewe can achieve this if certain rules provided more flexibility. (ELC)



### Response: IDEM believes the state performanceprogramwill provide that desired flexibility and valued incentives for being a member. We encourage entities to submit examples of those specific rules that may be limiting entities ability to go beyond compliance, achieving higher compliance levels and improving environmental quality.

The incentive provided as an example in this comment is a federal program incentive.The federal program incentiveswill only be available to members of the National Environmental Performance Track Program. In order to take advantage ofthis benefit, entitieswould have to apply to and be granted membershipin the federal program. IDEM is currentlyin the processof incorporating the federal incentives into the state rules so that members ofthe federal program in Indianamay take advantage of them. Once the incentive is fully incorporated into the state rules, federal program members may request to take advantage ofthe incentive.



### Comment: We encourage IDEM to make the program entry compliancerequirementsflexible so that paperwork violations or permit exceedances where corrective action has been taken do not preclude participation. !n some cases thqse criteria may differ from the national Performance Track criteria. (ELC)



### Comment. The primary concern with the federal program is the definition of "in compliance" which IDEM representatives have suggestedwould not reflect 100% compliance 100%of the time. Fewwould meetthat standardgivenpaperworkissues, etc. that have no reflectionon substantive compliance and environmental protection. (INCMA)



### Comment: Will thisprogram only applyto sourcesthat are in 100%compliance? If not, what noncompliance. is still acceptable for a company to be able to participate in the program? 

### (B-0

Response: The compliance requirements for the state programs have been taken from the federalNEPT program. These compliance criteria include, among other criteria, no criminal conviction or plea for environmentally related violations of criminal laws within the past five years, no more than two significant violations in the past three years, and no unaddressed, unresolved significant non-compliance or significant violations. This criterion provides allowances for insignificant or relatively minor compliance issues. However, it is IDEM'S intent tomaintain ahigh standardofcomplianceformembership eligibility.



### Comment: We would like to see a company-based option of the Performance Track program instead of only the facilitybased option. Allowing companies, such as Milestone, with multiple facilitieswith very few employees (typically three) at each facility to enter theprogram as a company instead of each individualfacility wouldopen uptheprogram to more industries in the State of Indiana.Milestonewith three-employee facilities would currently be unlikely to enter the program. Several industries In Indiana are in the same position. (MSC)



### Response In general, IDEM anticipates membership in the program to be determined on a location by location basis, following the eligibility set up of the federal NEPT program. However,IDEM understands that certain organizationtypes are structured such that membership on a locationby location basis may be prohibitive of participation. Therefore, IDEM is considering a membership option for organizations meeting certaincriteria.Eachlocation mustmeet the applicability criteria individually and as a group. This includes the requirement to identifyenvironmental improvement initiatives.The initiatives may be similar or the same for all of the locations, but each


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location must play an active role in each initiative and each location must demonstrate continuous environmentalimprovement.



### Comment: We applaud IDEM for pursuing a Performance Track Program for Indiana businesses. We ask that IDEM please consider agricultural operationsfor eligibility to participate in the three rulemakings, where applicable. It is important that there are real incentives for producers who go above and beyond the regulatory requirements. Many confined animal feeding operations have a proven record of regulatory compliance and can demonstrateacommitmentto continuousimprovement. Many of the same benefits that would be attractive to manufacturing concerns would be welcomed by livestock producers who would chooseto participate on avoluntarybasis. (IFB)



### Response: Theprogramwill be opento all Indiana entities. It is our belief that the current draft list of regulatory flexibility and incentives affordedtoprogrammembersdoeshave applicability and value to the agricultural community.



### Comment: We support a variety of incentives that recognize different companies value differentincentives. Foundry leaders have expressed support for the following: 1. A tax credit for technology innovation or some portion of compliance expenditures. 2. A reduction in permitting fees given a potential reduction in agency oversight expenditures. 3. Reduced inspections and monitoring requirements. 4. Reduced stack testing given it reflects significant expenditures and provides a narrow picture of emissions. 5. Fast tracking permits although this particular item would require more analysis given economic considerations that are important to all companies. 6. Construction/equipment installation flexibility. 7. Reduced compliance reporting to semi-annual which we believe is already allowed under current regulation. (INCMA)



### Response: IDEM's current proposed list of incentives includes many of the items recommended by the foundry industry. However, a reduction in fees or tax credits are not economically feasible at this time, but may be further explored later should there be significantinterest.



### Comment: The Environmental Performance Track Program should evaluate the benefits of other unique programs and propose such incentives as: 1.Flexibility when permittingnew technologiesand monitoring systems. 2. EMS based permits. Both ofthe aboveprograms would likely provide the additional incentives for companies to see the value 

### of the proposed program. (ITEC)



### Response: It is IDEM's intent to develop incentives that provide sufficientbusinessvalueto those interested inbecoming members.Permitflexibilityand alternative compliancemonitoring requirements are currently included in the proposed incentiveslist.IDEM is willingto further discuss EMS-based permits, although, such a permitting approach has not been discussed in the context ofthis program. IDEM is aware ofEPA's efforts to exploreEMS-based permitting and will continueto stay abreast of developments. Should EMS-based permitting be proven successfulin those efforts, IDEM would likely lookto members of the state performance based program for piloting an EMSbased permit here in Indiana. REQUEST FOR PUBLIC COMMENTS

This notice requests the submissionof comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Mailed comments should be addressed to:

#05-232(APCB) ESP and CLEAN Programs Christine Pedersen Mail Code 6 1-50 c/o Administrative Assistant Rules Development Section Office ofAir Quality Indiana Department ofEnvironmentalManagement 100North Senate Avenue Indianapolis, Indiana 46204. Hand delivered comments will be accepted by the receptionist on duty at the tenth floor reception desk, Office of Air Quality, 100North Senate Avenue, Indianapolis, Indiana.

Comments may be submitted by facsimile at the IDEM fax number: (3 17) 233-2342, Monday throughFriday,between 8: 15 a.m. and 4:45 p.m. Please consrm the timely receipt of faxed comments by calling the Rules Development Section at (317) 233-0426. COMMENT PERIOD DEADLINE

Commentsmust be postmarked, faxed, or hand delivered by July 3, 2006.

Additional information regarding the ESP or CLEAN Programs may be obtained from Karen Teliha, Office of Pollution Prevention and Technical Assistance, at (3 17) 233- 5555 or (800) 988-7901 (in Indiana).

Additional informationregarding thisrulemaking action may be obtained from Christine Pedersen, Rules Development Section, Office of Air Quality, (317) 233-6868 or (800) 451- 6027 (in Indiana). DRAFT RULE

SECTION 1.326 IAC 25 IS ADDED TO 

### READ AS FOLLOWS:

ARTICLE 25.VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS

Rule 1. Environmental Stewardship Program and Comprehensive Local Environmental Action Netyork Community Challenge Program 326 IAC 25-1-1 Applicability

Authority: IC 13-14-8;IC 13-17-3-4; IC 13-17-3-12; P.L.lOO-2006 Affected: IC 13-15; IC 13-17



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I Sec. 1. (a) The Indiana Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program are voluntary performance based leadershipprograms thatoffer recognition, regulatory flexibility, and an opportunity to work directlywiththedepartmenton innovativepilot projectsfor entities that consistently demonstrate environmental stewardshipandmakemeasurableefforts towards continual environmental improvement. In accordance, with Public Law 100-2006, an entity is not required to comply with this rule and 326IAC25-2 except asa provision ofparticipation in these programs.

(b) This rule applies to any Indiana entity that: (1) voluntarily participates in either program; (2) meets the eligibility requirements of section 3 of this rule; and (3) maintainsmembersiipby complyingwith thisrule and 326 IAC25-2. 

### (AirPollution Control Board; 326

### IAC 25-1-1) 326 IAC25-1-2 Definitions

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-11-2-35; IC 13-11-2-51; IC 13-15; IC 13-17 Sec. 2. In addition to the definitions in IC 13-11-2, the following definitions apply throughout this rule and 326 IAC 25-2:

(1) "Commissioner", asdefinedinIC13-11-2-35(a), means the commissioner of the department of environmental management. (2) "Comprehensive LocalEnvironmentalAction Network Community Challenge Program" or"CLEAN" meansthe voluntary stateprogram for units of local government in Indiana that:



### (A) demonstrate environmental stewardship; and (B) strive for continual environmental improvement. (3) "Department", as defined in IC 13-11-2-51, means the Indiana department of environmental management. (4) "Entity" means a company, corporation, firm, enterprise, authority, institution, partnership, or unit of local government, or part or combination thereof, whether incorporated or not, public or private, that has its own functions and administration. Except as described in section 4(c) of this rule, an entity is one (1) geographic location under:

(A) a single EMS; and (B) the direction of senior management. (5) "Environmental aspect" means an element of the activities, products, or services of an entity that has the potential to interact with the environment. (6) "Environmental impact" means any change to the environment, whether adverse or beneficial, wholly or partially resulting from the environmental aspects of an entity. (7) "Environmental management system" or "EMS" means a continuous cycle of planning, implementing, reviewing, and improving a set of documented processes andpractices used to develop and implement theenvironmentalpolicyandmanagethe environmentalaspectsofan entity to:

(A) maintain compliance; (B) reduce adverse environmental impacts; and (C) increase operational efficiency. 

### (8) "Environmental objective" means an environmental goal thatis consistent with the environmental policy of an entity. 

### (9)"Environmental policy" means theoverall commitment and direction of an entity related to environmental performance as formally expressed by senior management. (10) "Environmental Stewardship Progrqm" or "ESP" meansthevoluntary stateprogram for entities in Indiana that:

(A) demonstrate environmental stewardship; and (B) strivefor continual environmental improvement. (11) "Environmental target" means a detailed performance requirement that:

(A) is quantified where practical; and (B) arises from the environmental objectives. (12) "Independent audit" means an audit conducted by a party that:

(A) is not directly employed by theentity being audited; and (B) has not played a substantive role in implementing the EMS being audited. (13) "National Environmental Performance Track Program" or "NEPT" means the U.S. EPA's National Environmental Performance Track Program. (14) "Senior management" means the following:

(A) For entities, the person or group with executive responsibility for the entity. (B) For a partnership orsole proprietorship, a general partner or the proprietor, respectively. (C) For a unit of local government, either a principal executive officer or ranking elected official. (15) "U.S. EPA" means the administrator. of the United StatesEnvironmental Protection Agencyortheadministrator's designee. 

### (AirPollution Control Board; 326IAC 25-1-2) 326 IAC 25-1-3 Eligibility criteria

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 3. Participation in ESP or CLEAN is voluntary and is opentoentitieslocated and operatingin Indignathat'fneet the following criteria:

(1) The standard of environmental compliance as described in section 10of this rule. (2) Implement and maintain an EMS as described i,n section 11 of this rule. (3) Conduct continuous environmental improvement initiatives as described in section 12of this rule.


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### (Air Pollution ControlBoard; 326

### IAC 25-1-3) 326 IAC 25-1-4 Membership application

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 4. (a) A member of senior management shall submit an application by one (1) of the following methods:

(1) Forapplications for eitherESPorCLEAN only, to the department on:

(A) a form, whether electronically or hard copy, provided by the department; or 

### (B) an equivalent form. (2) Forapplications forboth ESPandNEPT,toU.S. EPA, electronically on the form provided by U.S. EPA. (3) Electronic submission is the preferred method of applying to these programs. (b) The application shall be signed by a member of senior management. The signature shall:

(1) constitute affirmation that the statements in the application aretrue andcomplete, asknown atthetime of completion of the application; and (2) subject the member of senior management to liability under state laws forbidding false or misleading statements. (c) A membership for an entity shall be limited to cover one (1) geographic location under a single EMS, exceptthat an entity may apply for membership asa group of locations if the following criteria aremet:

(1) Each location must meet the applicability criteria individuallyand as a group, includingthe requirement to identify environmental improvement initiatives. (2) The environmental improvement initiatives may be similar or the same for all of the locations, but each location must:

(A) play an active role in each initiative; and (B) demonstrate continuous environmental improvement. (3) The EMS must address staff and activities at each location. (4) Seniormanagement must be common to all locations. (5) A11 locations must be engaged in the same business tives and associated objectives and targets as follows: (A) For ESP applicants, at least one (1) environmental improvement initiative and associated objectives and targets for the first year,of.membership..

.

### - - - - (B) For CLEANapplic'ants,atleastfive (5)environmental improvement initiatives and associated objectives and targets for the three (3) year term of membership. (4)ForESP applicants, information provided to U.S. EPA if the entity has also applied for membership in NEPT. (5) Compliance audits conducted by:

(A) the department; (B) the U.S. EPA; (C) other state offices; and 

### (D) other federal agencies; as appropriate. (6) Other information, including the following:

(A)Compliance information obtained from department staff. (B) Verifiable, applicable information received from sources determined to be relevant by the commissioner. 

### (Air Pollution Control Board; 326

### IAC 25-1-4) 326 IAC 25-1-5 Term of membership

Authority: IC 13-14-8; IC 13-17-3-4;IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 5. (a) The term ofmembershipis three (3)years from the date the entity is accepted into the program as long as the entity continues to meet the program criteria and

. .. . . 

# . . , . . . submits the annual summarjr. '.

(b) For ESP members, the department may extend the term for up to one (1)year to:

(1) coincide with the membership date in NEPT, if applicable; or (2) cover the time period from the normal three (3) year expiration dateto therenewal datebased on submittal of an renewal application by April 1of the third year. (c)For CLEAN members, the department mayextend the term fo;up to ninety (90) daystoaccommodate submittal of the third annual report, at which time CLEAN members may seek to renew membership in the program. 

### (AirPollution ControlBoard; 326IAC 25-1-51 activity. (6) The standardsof environmental compliance in section 326 IAC 25-1-6 Renewal of ESP membership 10of this rule shall applyto all Indiana locations under IC 13-14-8;IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 the control of the entity. (d) The commissioner shall make a determination on acceptance into ESP or CLEAN based on the following:

(1) TheEMSmust meet the standards in section 11 ofthis rule. (2) A site visit by a representative of the department to provide an understandingoftheenvironmental aspects of the entity and the EMS. (3) Identification of environmental improvement initiaSec. 6. (a)Torenew ESPmembership, a member of senior management shall submit a renewal application by April 1 of thethird year of membership as follows:

(1) For renewal applications for ESP only, to the department on:

(A) a form, either electronically orhard yopy, provided by the department; or (B) an equivalent form. (2) For renewal applications for both ESP and NEPT, 

### Indiana Register, Volume29, 

### Number 9,June 1, 2006 

### 31 16

## IC 13-14-9 Notices 

# -

electronically to U.S. EPA on the form provided by U.S. (2) clearly indicatingtheintension to renew

......... membership; EPA. and

. (3) The preferred method of submission for both pro- (3) including five 

### (5) objectives, targets, and action plans gramsis electronic. for the nexttthree (3) year term. (b) Theapplication shallbe signed by a member of senior management. Thesignatureshall:

(1) constitute affirmation that the statements in the application aretrueand complete, asknown atthetime of completion of the application; and (2) subjectthemember of senior management to liability under state laws forbidding false or misleading statements. (b)The application shallbe signedby a member of senior management. The signature shall:

(1) constitute affirmation that the statements in the application aretrue andcomplete, as known atthe time of completion of the application; and (2) subject the member of senior management to liability under state laws forbidding false or misleading statements. 

### (c) Thedepartment shall review the renewal application (c) The department shall review the annual summaries andtheannual summaries submittedduringthe mostrecent and five (5) objectives, targets, and action plans submitted term of membership. The review of a renewal shall follow during the most recent term of membership. Thereview of the sameprocedures as thereview fortheinitial application this information shall follow the same pro6edures as the regarding compliance checks and EMS evaluations, except review for the initial application regarding compliance a general site visit by a representative of the department checks and EMS evaluations, except a generalsitevisit by a shall not be required. representative of the department shall not be required.

(d) Thecommissioner shall make a determination on the ESP renewal application based on the following:

(1) The EMS' must continue to meet the standards in section 11 of this rule. (2) Review oftheannualsummaries submittedduringthe previous membership term. 

### (3) Successful coordination with a member of senior management to set at least one (1) environmental improvementinitiativeandassociated goalsfor thenextyear of membership. 

### (4) Information provided by U.S. EPA if the entity has also applied for membership in NEPT. (5) Compliance audits conducted by:

(A) the department; (B)theU.S. EPA; (C) other state offices; and @) other federal agencies; as appropriate. 

### (6) Other information, including the following:

(A) Complianceinformationobtained from department staff. 

### (B) Verifiable, applicable information received from sourcesdetermined to be relevant by the commissioner. 

### (AirPollution ControlBoard; 326 IAC 25-

### 1-6) 326 IAC25-1-7 Renewal of CLEAN membership

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 7. (a) To renew CLEAN membership, a member of senior management shall submit the third annual summary of the previous membership term:

(1) tothe departmentwithin sixty(60) daysafter thethird annualanniversary of the datethe previous membership term began; (d) The commissioner shall make a decision on the CLEAN renewal application based on the following:

(1) The EMS must continue to meet the standards in section 11of this rule. (2) Review ofthe annualsummaries submitted duringthe previous membership term. (3) Successful coordination with a member of senior management to identify at least five (5) environmental improvement initiatives and associated goals for thenext three (3) year term of membership. (4) Compliance audits conducted by:

(A) the department; 

### (B) the U.S. EPA; (C) other stateoffices; and 

### (D) other federal agencies; as appropriate. (5) Other information, including the following:

(A) Compliance information obtained from department staff. 

### (B) Verifiable, applicable information received from sources determined to berelevant by the 'commissioner. (e) If the entity does not request a renewal with the third annualsummary, then membership in CLEAN expires upon receipt bythe department ofthethird annualsummary. 

### (Air PollufionControlBoard; 326 IAC 25-1-7) 326 IAC 25-1-8 Revocation

Authority: IC 13-14-8;IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 8. (a) The commissioner shall revoke membership in ESP or CLEAN if the entity has not substantially complied with any ofthe following:

(1) The standardsofenvironmentalcompliancedescribed in section 10 of this rule. 

### Indiana Register, Volume29, 

### Number 9,June I, 2006 3117

## IC 13-14-9 Notices (2) Therequirementto make sufficient progress towards attaining the environmental initiatives identified and agreed upon at the time of application and submittal of the annual summaries. (3) The requirement to maintain an approved EMS as required for membership. (4) The prohibition against knowingly submitting false information:

(A) on the application; (B) in the annual summary; (C) duringa sitevisit orevaluation by the department; or 

### (D) during an independent audit. (b) Thecommissionermay revokethemembership in ESP orCLEAN if the entity has not substantially complied with any of the following:

(1) The ESP or CLEAN requirements, as applicable. (2) Federal, state, orlocal environmental laws andregulations. (3) Therequirementto meet other appropriate standards as determined by the commissioner based upon the following:

(A) Complianceinformation obtained from department staff. 

### (B) Verifiable, applicable information received from sources determinedto be relevantby the commissioner. (c) If the commissioner determines that a situation may warrant revocation of membership, the following applies:

(1) The commissioner shallnotify the entity in writing:

(A) of any potential deficiencies found; and (B) that the commissioner is considering removing the entity from the program. (2) Thenotice shall:

(A) statethatthe commissioner may consider removing the entity from the program after the response time period provided to the member; 

### (B) identify the potential deficiencies; and (C) provide the en3ity with thirty (30) days to respond. (3) Withinthirty(30) days after theend ofthetime period provided tothe member, the commissioner shall consider the response and determine if the situation warrants revocation of membership. (d) An entity whose membership has been revoked may reapply under section 4 of this rule at any time twelve (12) months after the revocation. (Air Pollution Control Board; 326IAC 25-1-8) 326 IAC 25-1-9 Transfers

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 9. Membership in ESP or CLEAN cannot be transferred to another entity. (Air Pollution Control Board; 326 IAC 25-1-9) 326 IAC 25-1-10 Standards of environmental compliance Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 10. (a) To be accepted intoESPorCLEAN, a member of senior management ofthe-entity shall submit a .,.certifica-

. . tion with the application to thk dipahmeit certifying that to the best of their knowledge, the entity is currently in compliance with all local, state, and federal environmental laws and regulations.

(b) The department shall: (1) reviewthe administrative, civil, and criminal environmental compliance and enforcement history of the entity in order to determine if the entity satisfies the required standard of substantial environmental compliance; and (2) consider all relevant and appropriate environmental compliance and enforcement criteria, including, but not limited to, the criteria in subsections (c) and (d) in determining whether ornot an entity has achieved substantial environmental compliance. (c) The following criteria shall prevent acceptance of an entity into the ESP orCLEAN:

(1) Corporate criminal conviction or plea for environmentally-related violations of criminal laws involving the entity or an officer of the entity within the past five (5) years. (2) Criminal conviction 

### or plea of employee atthe entity for environmentally-related violations of criminal laws within the past five (5) years.
.$. .. (d) The existence of one (1) or more of the following criteria may prevent acceptance of an entity into ESP 'or CLEAN:

(1) Ongoing criminal investigation orprosecution of the entity, or an officer or employee of the entity, for a violation of environmental law. (2)Three(3) ormore significantviolations atthe entity in the past three (3) years. (3)Unresolved orunaddressed significantnoncompli'ance or significant violations. (4) Planned, but not yet filed, judicial or administrative action against the entity. (5) Ongoing U.S. EPA or state-initiated litigation against the entity. 

### (6) A situation where an entity is not in compliance with the schedule and terms of an order or decree. (7) A history of significant problems or a pattern of noncompliance atthe entity or at other affiliated entities under the same ownership or control. (Air Pollution Control Board; 326

### IAC 25-1-1

### 0) 326 IAC 25-1-11 Environmental management system

Authority:. IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 11. (a) An appro-ved EMS must be implemented Indiana Register, Volume29, Number 9, June 1, 2006 3118

## IC 13-14-9 Notices 

# -

before acceptance of an entity into ESP or CLEAN.

(b) An EMS that meets the criteria forESP and CLEAN must, ata minimum, includethe following:

(1) Evidenceofseniormanagementsupport, commitment, and approval. (2) A written environmental policy directed toward the following:

(A) Compliance. (B) Pollution prevention. (C) Continuous improvement. 

### (3) ForCLEANmembers, the environmental policy must also address sharingenvironmental decisions and performance information with the community. (4) Identification of the environmental aspects at the entity. (5) Prioritization of the environmental aspects and a determinationofthose aspectsdeemed significant considering, at the minimum, environmental impacts and applicable laws and regulations. (6) Established priorities and environmental objectives and targets forthe following:

(A) Continuous improvement in environmental performance. (B) Ensuringcompliance with applicable environmental laws, regulations, and permit conditions. (7) An established community outreach mechanism that includes the followisg:



### (A) Identifyingandresponding to communityconcerns. (B) Informing thecommunity ofimportantmatters that affect the community. (C) Reporting on the EMS, including, at a minimum, reportingtothe public on theenvironmental policy and significant aspects. 

### (D) Through the annual summary, reporting on the environmental improvement initiatives, including progress towards the most recent environmental improvement initiatives identified i.n the applieation or annual summary. 

### (8) Incorporation of environmental andpollution prevention planning in the development of new products, processes, and services and modifications of existing processes. 

### (9) Evidence of clear responsibility for the following:

(A) Implementation, training, monitoring,EMSmaintenance, and taking corrective action. (B) Ensuringcompliancewith applicable environmental laws, regulations, and permit conditions. (10) Documentationoftheimplementation procedures and the results of implementatioh. (1 1)Appropriate written EMS procedures. (12) An annualevaluation oftheEMSwith written results provided to senior management and affected employees. ordinance. (d) The department shall determine if theEMSmeets the criteria in subsection (b).

(e) A representative of the department shall perform an on-site review, evaluation, and verification of.the EMS if, within twelve (12) months of the application submittal, the EMS has not been:

(1) audited by an independent party; or (2) registered pursuant to a recognized certification standard. 

### (Air Pollution ControlBoard; 326IAC 25-1-11) 326 IAC25-1-12 Continuous environmental improvement

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 12. (a) In coordination with the department, a member of senior management shall identjfy continuous environmental improvement initiatives for the appropriate program, as follows:

(1) For ESP, a member of senior management shall identifythree(3) continuousenvironmentalimprovement initiatives for each membership term. One (1) initiative shall be identified at the time of the initial or renewal application and the remaining initiatives shall be identified each year atthe time the annual summary is submitted to the department. (2) For CLEAN, a member of senior management shall identify five (5) continuous environmental improvement initiatives for the three (3) year membership term. (b) Entities accepted into ESP orCLEAN shall: (1) maintain records that describe and track the actions taken toward achievement oftheenvironmentalimprovement initiatives; and (2) submitanannual summaryin accordancewith section 13 or 14of this rule, as applicable, documentingprogress toward the environmental improvement initiatives for that year. (c) Entities accepted into ESP or CLEAN shall demonstrate continuous environmental improvement by the following:

(1) Conducting periodicp611ution preventibn orenvironmental improvementassessmentsthatidentify opportunities for reducing pollution and eliminating waste at the entity. (2) Identifying, obtaining approvalfor, andimplementing environmental improvement initiatives in coordination with the department that:

(A) include objectives and targets beyond current legal requirements; and (B) as applicable, specify the: (c) For CLEAN members, the environmental policy must (i) environmental media; be adopted through an executive order, resolution, or (ii) types of pollution to be prevented or reduced; (iii) implementation activities; and 

### Indiana Register, Volume29, Number 9,June 1,2006 3119

# - IC 13-14-9 Notices (iv) projected time frames. of senior management shall provide a description of the (3) Reporting on the activities undertaken toward imple- reason the objectives and targets have not been attained. mentation oftheinitiatives identified withthe department. (Air Pollution Control Board; 326 IAC 25-1- 12) 326 IAC 25-1-13 Annual summary for ESP members

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: 1C 13-15; IC 13-17 Sec. 13. (a) Entities accepted into ESP shall submit an annual summaryon a form provided by the department or an equivalent form documenting the following:

(1) Progress toward the objectives and targets identified for the environmental improvement initiative for that year. (2) Results obtained from achieving the environmental improvement initiative objectives and targets, if applicable. (3) An annual review of the EMS by the entity: (b) If theentityhas not attained the objectives andtargets associated with anenvironmental improvement initiative, a member of senior management shallprovide the following:

(1) Verification of continued progress toward the objectives and targets. (2).A description of the reason the objectives and targets have not been attained. (c)Theannual summary shall be submitted tothe department sixty (60) days after theannualanniversaryofthe date theprevious membership term began. (AirPollution Control Board; 326 IAC25-1-14)

Rule 2. Regulatory Flexibility 'for the Environniental Stewardship Program,Comprehensive Local ~nvironmental Action Network Community Challenge Program, and Incorporation by Reference of NEPT Incentives

. 326 IAC 25-2-1 Incorporation by reference of federal incentive for NEPT members Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 1. The air pollution control board incorporates by reference the Performance Track provisions at 40 CFR 63.2*, 40 CFR63.10*, and40 CFR63.16". Theincentives in these federal rules are only available to members of the NEPT program.

*This body of documents is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401orareavailable forreview andcopyingattheIndiana (c) Each annual summary must include identification of Department of Environmental Management, Office of Air theenvironmental improvement initiative forthe next year, Quality, Indiana Government Center-North, Tenth Floor, unless the entity is terminating membershipin ESP. 100North SenateAvenue, Indianapolis, Indiana 46204. (Air PollufionControlBoard; 326IAC 25-2-1) (d) The annual summary shall: (1) cover the twelve (12) month calendar year; (2) besubmitted to the department for each year by April 1of the following year; and (3) be submitted foreach calendar yearin which theentity has been a member for at least three (3) full months. (e) An annual summary submitted to U.S. EPA as a requirement ofbeing a member ofNEPT shall constitute an equivalentsubmission. (Air Pollution ControlBoard;326IAC 25-1-13) 326 IAC 25-1-14 Annual summary for CLEAN members

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; 1C 13-17 Sec. 14. (a) Entities accepted intoCLEAN shallsubmit an annual summary on a form provided by the department or an equivalent form documenting the following:

(1) Progress toward the objectives and targets identified for the five (5) environmental improvement initiatives. (2) Results obtained from achieving the environmental improvement initiative objectives and targets, if applicable. (3) An annual review of the EMS by the entity. (b) Iftheentityhas not attained theobjectives andtargets associated with anenvironmental improvement initiative at the time the third annual summary is submitted, a member 326 IAC 25-2-2 Ten year permit renewals Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15-3-2; IC 13-17 Sec. 2. (a) Notwithstanding 326 IAC 2-1.1-9.5 and 326 IAC 2-8-4(2) and in accordance with IC 13-15-3-2, a federally enforceable state operating permit (FESOP) for a member in ESP or CLEAN may be renewed for a period of up ten (10) years, if approved by the commissioner.

(b)Notwithstanding326IAC2-1.1-9.5 and326IAC2-6.1- 7(a) and in accordance with IC 13-15-3-2, a minor state operating permit (MSOP) for a member in ESP or CLEAN may be renewed for a period of up ten (10) years, if approved by the commissioner. (Air Pollution Control Board, 326 IAC 25-2-2) 326 IAC 25-2-3 Monthly compliance methods for volatile organic compound Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15-3-2; IC 13-17 Sec. 3. (a) Notwithstanding 326 IAC 8-1-2(a)(7), the emission limitations specified in 326 IAC 8 can be achieved through monthly volume-weighted averaging ofall coatings applied in a coating line or printing line subject to the requirements in 326 IAC 8-2 or 326 IAC 8-5-5.

(b) Sufficient records must be maintained to demonstrate Indiana Register, Volume29,Number 

### 9,June 1, 2006 3120

## IC 13-14-9 Notices 

# -

compliance with the applicable emission limitation on a PURPOSE OFNOTICE monthly average basis and made available upon request. The Indiana Department of Environmental Management 

# - - (IDEM) is soliciting public comment on amendments to rules 

### (c) Records of 'OC 

### emissions be 

### main- 327 IAC 5-16 through327 IAC 5-21 concerningpretreatment tained in: program permit requirements. IDEM seeks comment on the

(1) pounds per month; or affected citations listed and any other provisions of Title 327 (2) tons per month. that may be affected by this rulemaking. (d) If monthly records sufficientto determinean accurate monthly weighted average are not available, each coating, ink, and solvent shall meet the requirements of the applicable section. 

### (AirPollution Control Board; 326

### IAC 25-2-3) 

### Notice ofFirst MeetingIHearing UnderIC 4-22-2-24, 

### IC 13-14-8-6, 

### and IC 13-14-9, 

### notice is herebygiven that on October4, 2006, 

### at I.OOp.m., 

### at theIndiana Government Center-South, 402 

### West WarhingtonStreet, Conference CenterRoomA, the Air Pollution ControlBoard will hold

### a public hearing on a new articleat 326L4C 25. 

### The purpose ofthis hearing is to receive comments from the public prior to preliminary adoptionoftheserules by the board. All interestedpersons are invited and will be given reasonable opportunity toexpress their viewsconcerningtheproposednew article. Oralstatements wiN be heard, but, for the accuracy of the record, all comments should be submittedin writing.

Additional information regarding thisaction maybe obtained from Christine Pedersen, RulesDevelopmentSection, OfJice of Air Quality, (317) 233-6868 

### or (800) 451-6027 

### (in Indiana).

Individuals requiring reasonable accommodations for participation in this event should contact the IndianaDepartment of Environmental htanagement, Americans with Disabilities Act coordinator at:

Attn: ADA Coordinator Indiana Department ofEnvironmental Management I00North SenateAvenue Indianapolis, Indiana 46204-2251 

### or call (317) 232-3077(V) 

### or (317) 232-6565 

### (TDD). Speech and hearing impaired callers may contact IDEM via the Indiana Relay Service at 711 

### or 1-800-743-3333. 

### Please provide a minimum of 72 

### hours notiJcation Copies of these rules are now onfile at the OfJice of Air Quality, Indiana Department of Environmental Management, Indiana Government Center-North, 100

### North SenateAvenue, TenthFloor East andLegislative ServicesAgency, One North Capitol, Suite 325, 

### Indianapolis, Indiana and are open for public inspection.

TITLE

### 327 WATER POLLUTION CONTROL



### BOARD FIRST NOTICE OFCOMMENT PERIOD LSA Document#06-156(WPCB) CITATIONSAFFECTED: 327IAC 5-16 through 327 IAC 

### 5- 21. AUTHORITY: IC 13-14-8;IC 13-15-1-2;IC 13-15-2-1;IC 13- 18-2;IC 13-18-3. SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING Basic Purpose and Backpround

The proposed rule revises several provisions of the general pretreatment regulations that address requirements for, and oversightof,industrial users (IUs)who introduce pollutantsinto publicly owned treatment works (POTWs). This proposed rule includes changesto certain program requirementsto'be consistent with national pollutant discharge elimination system (NPDES) requirementsfor direct dischargersto surface waters. This action will reduce the regulatory burden on IUs and state andPOTWcontrol authorities(CAs)without adversely affecting environmental protection and will allow CAs to better focus oversight resources on IUs with the greatest potential for adversely affecting POTW operations of.the environment. Alternatives To Be Considered Within theRulemaking

This rulemaking incorporates by reference 40 

### CFR 437, an updated federal categorical pretreatment standard.

1. Required: This required change provides an updated reference relatingto the centralized waste treatmentpoint source category.

Potential Fiscal Impact of Alternative 1. There is no anticipated statefiscal impact to this rule as this is arequirement from federal regulations.

EPA hasidentified thirteen (13)required rule changesthat are more stringentthan theprevious federalrequirementsin40CFR Part403 andthereforeare considered required modifications for the state and/or the POTW, and fourteen (14) optional provisionsthat are generally less stringent than current requirements to be considered for state adoption.

2. Required: This required change provides updated referencesrelating to requirementsthat POTWs must meet to adjust removal credits for combined sewer overflows (CSOs).

Potential Fiscal Impact of Alternative 2. There is no anticipated statefiscal impactto this rule as this is arequirementfrom federal regulations.

3. Required: Applicable slug control requirementsmust be included in the significant industrial user's (SIU's) control mechanism.

Potential Fiscal Impact of Alternative 3, There is no antici

### oF~AMENDMENTS 

### RULES 'ON- patedst'atefiscal impacttoihii rulk asthisis arequiremeritfrom CERNING PRETREATMENT STREAMLINING federal regulations.



### Indiana Register, Volume29, 

### Number 9, 

### June 1,2006 3121

## ATTACHMENT

# - DForm Prescribedby State Boardof Accounts h ?,...,.~ General Form No. 99P (Revised 1987) IndDeptof Environmental Dev X~~~S@.AL&~TWURIERIPRESS Dr. (Government Unit) 7nnL PFD '

the lndiana Air Pollution Control Board(board) wiii holdpublic hearings at its regularly scheduled meeting on Thursday, October 19. 2006. LINE COUNT The meeting wiii convene at 1:00 p.m. at Ihe lndiana Government Center-South. Confgrence Room C, 402 West Washington Street,

. .. concerning a proposedaction. Copies of the draft ordroposed rules are available to any personupon reyt and are available for public inspection at the following locaBody

### -numberof lines Tail -- number of lines Total numberof lines in 

### Q. aB[.. 

### UeS, EVANSVILLE IN 47702 I"i

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### . indiana Departrnent of Environmental Management Office of Air Quality,indiana GovernmenlCenter-North, 100 North kenateAvenue, 10thfloor-East #hg. Indianapolis, lndiana 46204. Legislative Services Agency, One North Capitol Avenue. Suite 325, Indianapolis, lndiana46204. lndiana Departrnentof Environmental Management, NorthwestOffice, Suae 1. 8315 Virginia Street, Merriiiville, lndiana 46410-9201. lndiana Departmentof Environmental Management. Northern Office, Suite 200.220 W. Colfax. South Bend. indiana 46601. lndiana Department of EnvironmentaiManagement, Southwest Office COMPTATION OF CHAR 1120 North Vincennes Avenue, P.O. Box 128, Petersburg, lndiana 147567-0128. 

# I

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# - Additionalchargefor no2 (50~ercent of aboveamr Charge for extra proofso in excess of two) TO DATA FOR COMPUTIN( / Glendale Public Libraw. 6101 North Kevstonn Avenlln Inrliannnnlis 1 , - - - - - ., -,- - , - -, lndlana 46220 HammondPubilcLlbrary 564 State Street Hammond lndlana46320.

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### . . . AfiR07 $146.98 ~iGviile Vanderburgh County Pubilc Llbrary, 22 SE 5th Street, Evansville,indtana 47708 Board documents may be vlewed and downloaded from the Indiana Departmentof Env~ronmentai Management=s Web siteas earlv as one

# I

. .

### . . .. . week prior to the meeting

. at httpJ/www.in gov/idem/rulegpackeWlndex.htmi#air. EnvironmentalStewardsh~p Program. The purposeofthis hearingisto receive publiccomment on new rulesat 326 IAC 25 that are DroDosed

. . for preliminaryadoption by the board. The drafi rule that is the sublect of this hearin0would add new rules 326 IAC 25-1, Environmenlal Stewardship Program and Comprehensive Local Environmental Action Network Communlty Challenge Program and 326 IAC 25-2. Regulatory Flexibility for the Environmental Stewardship Program, Comprehensive Local Environmental Action Network Community Challenge Program, and lncoioorationbv Referenceof NEPT Incentives.

' Wit N~~ S~Z 

# I . . ' ' llaimedis legally Iherebycertify thl !d:tk%s and Coke Sulfur Dioxide Emission Limitations. The pur- all~win!J all illst credits, al. Dose of thls hearins is to receive oubilc comment on amendments to ledlaha ~eparihent of ~&ir&6ental.hG&ent (IDEM) hasdevel- oped draft rule languagefora new article at 326 iAC 25Eoncernlng two voluntary performance-based leadership programs. The Environmental Stewardship Program (ESP) and ComprehensiveLocal Envlronmental Action Network (CLEAN)are new lndiana programs that offer recognitionand incentivesfor companies and unitsof local gov- emment that consistently demonstrate environmental stewardship and strive for continual environmental Improvement initiatives In Pursuantto be provision

-, 326 ~AC 7-4-2 thaiare proposediorfinal adoption by the board. The proposed rulethat is thesubject of this hearlng wouid amend326 Date: ( IAC 7-4-2 concerning the sulfur dioxide emission limitations for two Title: 

# -I

wke oven battery underfire combustion stacks serving three coke oven batteries E, H, and No.1 at Citizens Gas and Coke located in Indlanaoolis. 

# I IndlanPsenvironmental programs. For additional informationcontact Christine Pedersenat the lndiana Departmentof EnvironmentalManagement, Office of ~ir Quality, Room 1003, indiana Government Center North, 100 North Senate Avenue, lndianapoilsor call 13171233-6868 or 1800145106027 lea. 3-68681

For add~t~onal lnformat~oncontact Susan Bem at the lndlana 

# I Department ol Envlronmental Management,Office ofAlr Iluailty, Rwm 1003, lndlana Government Center North, 100 North Senate Avenue, 1ndlanapolr;t or call (317) 233-5697 or (800) 451-6027 (ext3-5697) (in Fuels dr Fore Extinguisher Tranlng The purpose of th~s nearlng IS to rece~ve public comment on amenoments to 326 IAC 4-1-3 that are 31d1~-- -

. VAI 

### - proposed for final adoption by the hard. The propgsed rule that isthe subject of this hearingwouid amend 326 IAC 4-1.: to providethat in addition lo clean oetroleumoroducts. nat-



### .....- 

### ... "."..-,. Far each hearingoral statementswlii be heard, but for the accuracyof September 8,2006 the record, please submit statements inwriting to the attendantdes- ianated to receive written comments at the oublic hearina Pels Kylie Howard who, newspaperof general drcula county aforesaid, andthat the 4 timd

A banscript of the hearing and allwrrtten submissions toihe boardat the public hearing shall be open to public inspection at the indiana Department of Environmental Management and copies may be made available to any person upon paymentof reproductioncosts.Any perural gas, methane and propane may be useb as lueis'for fire extinguisher training and that the burning ol vegetation from agricubral land, il the open burn occurs in an unincorporatedarea, is exempt from the prohibitionagainst open burning. For additionai information contact Suzanne Whitrner at the lndiana Departmentof Environmental Management. Office of Air Quality, Rwm 1003, lndiana Government Center North. 100 North Senate Avenue, Indianapolisor call (317) 232-8229or (800) 451-6027 (ext2-8229) (in lnrllanal due, after

KathrynA Watson Branch Chief ty andstate, the undersigned

My commission egires : 'Payroll Clerk of Lhe EvansvilleCourier & Press town) of EVANSVILLEin state and



### %efiK.9'la2-ee.ee 

# .,.. eee.ee..# Individuals requiring reasonable accommodations for participation in this event should contact the lndiana Department of Environmental b4;:agrAe$$,",";ns with DisabilitiesAct coordinatorat lndianaDepartment of Environmental Management 100 N. Senate Avenue published in said paper for

Indianapolis. IN 46204 orcall (317) 232-3077. Speech and hearing impaired callersmay con- tact the agency via the lndiana Relay Service at 1-800-743-3333. Please provide a minimumof 72 hww notification.
,

, (Courier& Press Sept. 8.2006)nbed by State Board of Accounts General Form No. 99p (Revised 

### 1999) 4-(TI 

# P&d The Evenin News \ (Govemrnental Un~t ) 

# ' md 221 Spring Et. 

### PO. Box 

### 867 Jeffersonvllle,

### IN 47 130 Clark County, Ind~ana PUBLISHER'S 

### CLAIM LINE COUNT Display Matter (~ust'not exceed two actual liues,neither of which shall

: total more than four solid lines of type in which the bodv of the - 

### - d --- advertisement is set) -- number of equivalent-lines

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



### .............................................. Head -- number of lines 

## / I( 

# a./D Body -- Number of lines



### .............................................. Tail -- number of lines



### ................... ................ ............... Total number of lines in nntirp

.................................. ' LEGAL NOTICE 

## C-3

# /D

................................. .$ 

# (04. K3

...................... : 

### ...........

................. : ....: 

### ...........

# qb 

# 9. 4: 1

FEDERALID#

55-0870768

155, acts 1953, ount claimed is legally due, after

. .

........ Title:.Legal Bookkeeper..

. . . ,. '. 1

. ,/.. , : ' .

..... ..:
. .

. : 

### PUBLISHER'S AFFIDAVIT.

. : 

# ,

. State of Ihdiana ) 

## ..... ., 

### :i ) ss: . . - . .:
. ?

, .CrvkCounty :). . L i

..... .... /

. ., . 6101 ~orth Keystone Ave- ! tion contact Susan Bem at- Personally appeared before a notary public in 

### and f&said county ' nue, -(nktlanapolis. Indlana ! the Indiana Department of . . 46220. Hammond publicU. - Environmental Manage- and State, the undersigned

. .

### who, beiig.duly 

### ': bmry, 564 State Sheet, ment. Office of Air Quality. Himmond, lndiana 463?0. -Room 1003. lndiana GovAllen County Pqblic Library, emment Center North, 100 sworn, says that she is legal bookkeeper of The,EvedngNews 

### .:,

, ;. go0 Webster Street, Fort Norih Senate Avenue. indi- . . Wayne, Indiana 46802. anapolls or call (317) 233- newspaper of general circulation printed and published 

### in the

: Evansville Vanderburgh 5697 or (800) 451-6027 County Public Library. 22 (ext.3-5697). (in Indiana). SE 5th Street. Evansville, Fuels for Fire Extlngulsh- language in the (city) of Jeffersonville in state and county aforesaid, lndiana 47708. Board docu' er Training. The purpose ments .may be viewed an? of this hearing is to receive and that the printed matter attached herelo is a true. copy, which 

### has downloaded from the Indl- public comment on amend-

... .. .aria Department 01 Environ- m.entq to 326 IAC 4-1-3 that 

### NT duly published in said paper for 

# / tiqe ., he mental Management=s are proposed for final adop- Web site as early as One tion by the board. The pro- lication being as follows:

...
.. - week priorto the meeting at posed rule that is the sub-

, ~o~Jlw.l~.aovfidem/~l~ jea o! *is hearing would 

# P_3&9&
e i

. amend 326 IAC 4-1-3 to

... ! mard- provide that in addition to

; shlp Program. The Pur- clean petroleum products,

.

pose pf this hearing is to re- natural gas, methane and : celve public comment On -propane may be used as

. new rules at 326 IAC 25 fuels for lire exllnguisher

thaf are proposed tor pre training and that the bumIfminary adoption by the ing of vegetation from agrisubscribed and sworn to before me this ; board. The draH rule tha! Is cuhural Iwd, if the open

.......... ; the subject of this heanng bum occurs in an unincorj add new rules 326 porated area, is exempt

: .IAC 25-1 Environmental from the prohibitionagainst

... .,-

.... ) ~tewardsh/~ Program .and open burning. For addition- ';- :? , . .: . ........... I Comprehensive Local Envi: al information contatt Su- i ' ronmental ~dtionNetwork zanne Whitmer at he Indl- 

### - Not%P 

### $lit 

## RVr

i Coininunity Challenge Pro- ana Department of Environgram and 326 IAC 25-2, mental Management, mice ?-J i RegulstoryFlexibilityfor the of Air Quality, Room 1003, I ! Environmental Stewardship. lndiana Government Center i program Comprehensive North. 100 North Senate i Local ~ivironmental Acllon Avenue, Indianapolisor call 

### My omm mission expires: 

## ~7,a/C/

. Network Community Chal- (317) 232-8229 or (800)

### ENVIRONMENTAL MANAGEMENT 

### To: NDIANAPOLIS NEWSPAPERS 

## 911

# q 307

## N PENNSYLVANIA ST- 

### PO BOX 145 MANON 

### COmTY, MDIANA 

### IDEM f&~~~~~~~~~ 

### INDIANAPOLIS, 

### IN 46206-0 145 

## lUO6 SEpPIIBLNEB'S CLAIM

$ 85 27

$ $ 00 S 00 $ $ $ $ $ 85 27

IS legally due, after

derk T~tle 

### PUBLISHER'S 

### AFFIDAVIT State of lnd~ana SS MARION County Personally appeared before me, a notary publlc In and for sa~d county and state, the unders~gned KAREN MULLINS who, belng duly sworn, says that SHE ISclerk ofthe INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation 1 prlnted and publ~shed In the Engl~sh language In the c~ty of INDIANAPOLIS In state and county aforesa~d, and that the prlnted matter attached hereto IS a true copy. whlch was duly publ~shed In sa~d paper for I tlme(s), between the dates of 09/15/2006 and 09/15/2006

T~tle

grams

add~tlonal ~nformatlon con- tact Chmtlne Pedersen atthe Indstana Department of Envlr~nmehtelManagement @- flee of A~~Quallty Room i003, IEV I 88 My comm~ssron explres Indiana ~overnhentCenter ~~rth 100 ~arth SenateAve Inue indlanapplls Or call pa:p68 or (800) 4510602 (,* 3-6868) tnIndlan9 STATE PRESCRIBED FORMULA c,tllens ms and Coke Sulfur RATE PER LINE Dloxlde Emlsslon ~lmltatlons fiepurpose ot th15hearm9 Is to receive publlr. comment on 7 83 PICA COLUMN - 94 POINT PUBLISHED 1 TIME = 339 to 326 IAc 7-9-2 that are proposed for fln4 94 POINTS / 5 7 PT TYPE - 16 49 PUBLISHED 2 TIMES= 509 adoptionby theboard 16 49 EMS / 250 

### - 06596 SQUARES PUBLISHED 3 TIMES= 679 06596 SQUARES x $5 14 - 339 CENTS PER LINE PUBLISHED4 TIMES= 848TO: 

### Journal Gazette P.O. Box 100 Fort Wayne, IN 46802

..... , .Cqiles .bf'lhe dian or 4obed'r.ulesare availab!efo any.per~n up n request andlare avalldbie fw pubilc

... ;tpsDR(lon attRe foll~ini locatton!: 1 column(s) wide equals

... . . . : ln~~ia~a:Oe artinsnt'of ~nvironmenlal'iilanage.ment; -Owire of gir ahii ,Indiana -cowrnfient ceoter-."9 cents per line. .:-~wf?,1,b0 NQ?~ ?inate Avenue. 10th-fimr-East -wing, indtanapoils. lndlana 46204. '

. . iigislBlive Selvices &gency,One ~orlh'~a~iloi Ave- for notices containing
nue Suite 325 ind~anapoilslndlana 46204- liiqep?. Oepa?&ent,.of ~nv~onmental Management. Nnrthwest Off~ce. Sulle 1 8315 Wnla-Stlee!.- tra proofsof publication ($ '.d,,rrillville, Indiana 46410-5201.. .lhdia$ Department ?! ~nvironmental ~anagemenc, .Norihern Ptfice, Sulle100,'220 W.hlfax. ;South /IOUN~ 

### oF CLAIM .Ben<lndtana 46601. 1

. .. 

### :. PUBLISHER'S CLAIM

151 equivalent lines

ruleor tab work
l.OO for each proof in excess oftwo) 

### IDEM FISCAL/ACCOUNTING 

## 200b SEP 

### 25 A 

## il: 05

. 1&iapa ~e~?r!menl of Environmental-Mina ement .s~uthwestoffice 1120 ~o*h. Vlncennes %venuee g.O.Boa 128, peiersburg,lndbana-47562-0128. ' ' &nda6.public iibra.&,:.6li2l North ~eystonehi- COMPUTING COST 'nu$, Indianapolis, lndlaqa.46220.

, lecolumn 

### 12.5elns :ypipol;d Public Llbraiy. 564 statesfreet. Ham- ;ertions .mond.,i?diana 46320.

, , . ~llen Coonty Public Library. 900 websier5treel,:oti -point Wayne,. lndlana 46802.
. .

... " ~oansville Vandqburgh County Public Library. 22 SE .5Ih.Street, Eva?svllle. Ind!ana 47708.- ; - , 2 pr~vi~iofl~ and penalties ofChapter 155, Acts 1953 ..~ , .:. @&bari documits ma 'be-'vjeied- drd: dpwnloaded 

### #": the, IndDna fjebartineqt of
. Envlroq entql

, anagament=byeb $,tea$ early as one Jjoito.by certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all meeflng '~~~j,wwvi,m,pov~i,d'm,r'1ie:tlPa5~etrlin~ex,h,mi~~~~"J .~d

that no part of the same has beenpaid, and that the printed matter a t t a c h e d h e r e t o isa true copy, which was /..

. ..,~.
. .-. . . Iin said paper for 1 time(s), the date ofpublication beingasfollows: 9-15

September 15 2006 DATE PUBLISHER'S AFFIDAVIT State of Indiana ) ) ss: Allen County ) Personally appeared before me, a notary public in and for the said county and state,
,.:.. i , , . -

. icitizeni>$s i"d kok6'5'hvf Dipxid! hission Li@ the above signed who, being duly sworn, says that helshe is Clerk of the Fort Wayne

afldns.., The burpose. .oY:thi$ hearln IS, to recewe \&Ie ~~mm."! 0" amenomeots to 926.1~~ 73-2 Newspapers, a general circulatjon printed and published in the English language in the .h$tarcp!oposed for firlal ,@opllon by the board. ,! .' city of Fort Wayne, in state and county aforesaid. ~h; proposed rule lhit is th6:subiict of this hearing '. would amend 326 IAC 7;4;2 concerning the sulfur

aidxide emission lirnitatrsns,fbr huo coUe'oven banery ay of September2006 umerfire combllstion.stacks serving thfee.coke wen

. .batteries E. H..and.,No.-l -at Citizens Gg'dnd Coke !a-

, cateq in Ipd!aoapolls.
. ,.

Fbl additional inl.ormali0.n. cpalact Susan.Bem al.lhe

. )n3ibna.Deparfmpnt of Env~ranmental. Maria ement, V .Office bl Air Quality..pwm -1003. lnd~ana 

### hi,": Anne 

### M Perkins ,mehi Center North. 100. North.Senate Avenue. I dl Bii&iis"oor call l31!) 233-5697oi 1800).451-60?f 

## .. 0 Notary Public State of Indiana,Allen County 2 7::' 

# . C .Iext3-5697) lio !ndiana). 

## . # .:. , .. 

## -. ~lleis for Fire Exltngulsher ~ialiin~. The purpose of My Commi~~ion Expires on 11/29/09

, -1hilhearin is to.receive public cpmmehlpn amend. - menti to 3@26 IAC 4-1-3 that are propqFd for final adoD!ion by lhe-board.

,- ,, :,Thsproposed mb (ha1 15Ihe,sublect a1 liiis hearing 

### - would amend 326 IAC 4-1-3 lo provide that In add,- tion to clean petroleum products natural gas.meth. ,&.and propane hay be used as fuelsfor lire extin- fg!pher training and that the burning q! veget?tion rom agricultural Ibnd, ~fthe open burn,wcurS In.an .uflhcOrporated,area. 1s exempl from the proh~bltlon ? agaiort open burn'ing. ' Fbr additional lnlormat~on tbntac~ supnne Whiimer -1the.lndiana Oepanment ol EnvironmentalManage- ment. Office owir Qualit

## . Rwm 1003. IndianaGw ernmenl Center North. 

### I& Nb-rlhSenate3Avenue. lo- -dianapol~s.a call 13171232-8229 or WOO) 451- 6027 lext.~~9) (in indiaha). .: For each hearrng oral slbkqmnlr will be heard but fw the acclhacy of the recofd pleise Iubmlt state menls fn wrtllng la the attendanl deslgnaled lo re ceme wrtlten comments at the publac hearlng

Kalhryn A Watson

Branch Chef

Attn ADA Cwrdmaloi lnd~ana Deparlmenlal Env~ronmenlal Managemenl 100 N Senate Avenue Ind~anapol~s. IN 46204 :wcaii 1317) 232-3077. Speech and hearlng Im- ' aired callers may conlac1the a enc via the lndlana

elay Service at 1-800-743-3353. please provide a '$inirnum of 72 hours "?tiffcation:
. . . . 9-15 505928Form Prescribed by State Board of Accounts General firmNo. 99P (Revised 1995) 

# 11' I To: Northwest Indiana Newspa~ers (~overnrnedtt&l Unit) LEGAL NOTICE OF Lake County, In&ana 601-45th PUBLIC HEARINGS Under 40 CFR 51 102 and IC 4-22-2-24 notlce IS hereb glven lhai the Indl- 

### PUBLISHER'S 

### CLAIM
ana Xlr Poliut~on Control NE COUNT 

## ZOOtrSfP21 AHPUq

11s Of publication ($1.00 for each proof in excess of two) 

# -

of Chapter 155, ~cts 1953,

Title



### PUBLISHER'S AFFIDAVIT
State of Indiana ) 

## > ss Lake County )
a notary pubhc In and for sald county and state, ~~YLS who, being duly sworn, says that>he 1s Legal Clerk of the TLMES newspaper of general circulation printed and pubhshed In the Enghsh language in the (city) (town) of Munster in the state and county aforesaid, and that the printed matter attached hereto is 

## I a true copy, whch was duly published in said paper for time 

### , the dates

V

Subscribed and sworn to before me thiiBday ofwL&0 

### c6.

mental programs 1639507 ' J My comrmssion expires.

# I Board ddcuments may be viewed and' downloaded from the lndiana ~ebartment qf Environmental 3 CO~U~~S wide equals Management=sWebsite as early as on0 week pdor to the meeting at http://www.in.gov/1dem/ru1es/pack- 1s per line

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

# I
ets/inde~html#alr. Form Prescribed by State Board of Accounts General Form No. 99P (Revised 1987) IIIEM 

### FISCALIACM)UN'IINI; IndDept of Environmental XH6 To: EVANSVILLE COURIEFUPRESS Dr. 

### 2001 JAN 7s P(@!;B:V~#~"~



# I EnvlronmenfalStewardship Program. The purpose of th s neanngetoreceive publlccommenton new rules lar work at 326 NC25 that are proposedfor final adopt~on by the board. meomo'ased rule that Is the sublect of this heanns would add new rules 326 IAC 25-1,

# I -

.

.

EnvlmnmenlalStewirc6hlp Progr;im and Compreheiisive Local EnfionmentalAction Network Community Challenge.pqgram and 326,lAC 25-2 Regulatory Flbxibllityfor the EnvlronnientalStewardshla Program .Comprehens~.Local~EovI'p~mental &tion NetworkConimunityChallenge Proglm, indIncorporation b; Reforentie YNWrIncentives. mentafEnvim~imental ManaoementIIDEMl has develooedrule languagefor a new articleat mrarns. The Envimnmendal

# 1 ~lendale'Public Lib& 6101 NorthKeystone-Avenue,Indianapolis,Indiana46220. HamrnondPubliC'Library, 564 State Street, Hammbnd, lndlana46320. Allen County Public Library 9OO.Webster Street' FortWayne lndiana46802.' Evansville VanderburghCointy Public Library, i2.S~ 5th%Let, Evansvilfe,indiana 47708. Legal Notlceof Public Hearings Under4WCFR 51:102 and IC 4-22-2-24, notice is hereby given that the lndiana Air Pollution Control Board boaid) will hold.public hearings at its regularlyscheduled meeting on Wednesday February 7 2007. The meetingwill convene.at1:00 16 atthe lnd~ana GovernmentCenter-Saulh Confeience RoomA 402West WaShln@on Street.~ndianapolc Jridlina.The'purpose of the hearingsis to ieceive.publiccomment prior to the pmpwedactidn.~~ hteresiedpersonsare invitedandwiU be given reasonableopportunltytoexpress theirvlews concerninga proposed action. ' Copies.ofthe proposed rules are avajlableto any person upon request and are available for public inspectionatthefollowinglocafions: Indiana Departmentof $vironmental knagement, OfficeofAir Quality, Indiana ~over"menb~enter:~orth, 100 NorthSenateAvenue, 10thfloor-East wing, Indianapolis, lndiana 46204. Le lslative Services Agency One NorthCapitolAvenue. Suie 325 Indianapolis Indiana46204. lnriani Departmerd pf'~&ironmen~l ~ana~ement,'~orthwesi Office, ~uiie 1, 8315 Virginia Street, Merrillville. lndiana 46410-9201.

. Indiana Deparfmentof Environmental~anage~ent, Northern Office, Suite200,220 W. Coifax, South Bend, lndlana 46601. lndlana Departmentof Environmental Management, ~outhwest Office. 1120 NorthVincennes Auenue, P.&' Eox'l28 Petersburg lndiana475674128..

.... Wed UlnilYn8s environmenta1.programsSS

. . For additional inforinatloli Contact Christine .F!edersLn at the lridl.&a De ahent .of Environmental ManagementOnice ofAir (luality,Room 1003, !ndiana.~ovemment center ~~rti, 100NorthSenate Avenue, lndlanappllsorcallPt7)233-6868pr (800) 45186027 [ext. 3-6868) In lndlana. ,. 

# I I

nn P. 0. BOX 268, EVANSVILLE IN 47702 OUNTY , Indiana

t no1exceedtwo actual lines, neither ofwhich shall total morethan le inwhich the body of the advertisement is set) -

........................ 399

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

........................ 399

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

........................ 399



# I ' .I ..?

. ~~lclpal~aste~mbusto~.Rule. me urpdseofthishearlng istoreceivepubliccommenton amendments tb326NC $1-7 matare~proposed for&iii edoptlon bythe board.

. , :. lhaamoosed~rule that isthe subiectofthis hearino wouldamend 326 IAC 11-7to incoroo-

# I 2006Annual Updateta the Referencesto the Codeof Federal Regulations. The purposeof tnls hearlng IS to receivepubliccommentoilamendmentsto 346 IAC 1-1 -3 that are proposedtorfinal ad lionbythe board The pmpo$edrule that Isthe subject of this hearing would amend 326% 1-1-3 to mean the edionof the Cude of federalRegulations(CFR In effecton June 30 2906. lhe pramcaleffect of thls lulemaklngIs tou date all referencesto Me CFR lnhue326 of the IndiaiaAdm~nlsbative Codeto meanthe June30 2006 edkon oftheCFR thus updatingexistlngfederal rulesthat have been Incorporatedby refer. ence in& slate'rules, withthe exiepeptlonofthose rules that are Incorporated by referenceandspecltledby a datacertain Additionally redundant FederalReglstercitahonsthfollghoutTiUe 326 are belngdeleted. For additional illformaUoli contact PatnclaTroth at the lndiana Department 61 Environmental Management. Mce of Air Ouality, Room 1003, lndiana Government Center North. 100 NorthSenateAvenue. lndlanapolls or call (317) 233-5681 qr (800) 4516027(eai3-3568) (~n Ind~ana).

f rateamendmenkto'kiehl air emission standardsfor exlstino minicloal waste combustors IMWCI. IDEMI ' 1 6 point

Acts
and that Ihe 'Iaimed is legally due,

a has been pa~d. 399 lines $223.84

Is proposing toadbptthe+saq~e emlsslonIlmBthat are in thi federaiemlsslon gu~delines, the pairtlculate matter cadmlum leadanb mercuryllmltswill be updatedto beconsistent wlth current federal llmlts IDEM Isals<prbposlng'to repsal the compllanceschedulefor Meodglnalemisslonslimits since the ravlsed ems. slons Umitswill baeffecbveupon the effectivedate of thls rulemalung For addlhon lnformaboncontact Susan Bem at the lnd~ana Department of Env~ronmenlal Management DMceofAir Qualify Room 1003 lndranaGovernmentCenter North, 100NorthSenateAvenue Indlanaoollsdr call (3171233-5687 or (800) 451-6027fext3-5697)(In fndlanal PUBLISHER'S AFFIDAVIT 

### - Title: after



### -

The proposedrulethat 1sthe subject of thls hearing wouldamend326 IAC 13-1.1 to complyVVIMiC 13-17- 

# Irnn vo~ds lndiana's mspection and maintenance rule for Clark and Floyd CountJes after Omember 3.1 ... . . Mher &lid W& IncineratorRule, The urpose of thls hea"ng isto receive public comment on new rule 326 FC1119thatlsproposedforfinalaioption bythe bow. The'propose rule that Isthe subjeit of.this hearingwould inc0rpOrate emission require- .me& tor existing other soll! waste Incinerator(OSWI) unib. OSWl units are very small municipalwaste combustion units and Institutionalwaste inciner?dlon units. This rule will providethelegal mechanismto implementtheemisslonguidelines for existingunik andwill be part ofthe stateplantthat IDEMwill submit to U.S. EPAforapproval-as requlredbySect1onslll(d) and 129ofthe CleanAirAct. For.adkti?n Information contact Susan Bem at the.lndiana.Departmentof Environmentai Manaaement, Office-of Alr RuBlity, Room 1003,lndianaGovernmen; CeriterNorth, 10?~$;9;~t~,4ven~e, 

# I LUUO. For additional information contact Christine Pedersen at the lnd~ana Department of Environmental Subscribed and sworn lobefore me this Management. Office oiAlr Quality.Room 1003, IndianaGovernheritCenlerNorth. 100NorthSenateAvenue, Indianapolis or call (317) 233-6868 or (800) 451-6027 (eai.3-6868) (in Indiana). 

# I IUNTY
elore me, a notarypublic in and for said county and state, the undersigned .says that she is LegalAccounting Clerk of the Evansville Courier & Press the English

### languagen the (city) (town) of EVANSV~LLEI~ state and I lnbianipolisor.call(317),233-5697 or (800):451-6027 (ext.3-5697j (in Indiana). Ellminationof Vehide Inspection and.Malntenance Requirementsin Clarkand.Floyd Counties. The purpose 

# I Fareach hearingoral statementswill be heard, butforthe accuracyofthe rewrd, pleasesubmitsltements NOTARYRESIDEN inwritingtothe attendant designatedtoreceivewitten commentsatthe public hearing. 

# I 

# I

r of 9is.hearingisto receive publiccomme$ on.amindments to326 IAC 13-i.1- Matare proposedfor final December 28,2006 adopt~on by the board. , 

# I

My commission expires : 

# I A transcript of the hearlng and all wr~tten submlssons to the board at the pub116 hearlng shall be open to pub1c lnspectlonal Iheind~ana Department of Env~ronmental Management and coples may be dade avall- - able to any penon upon payment of reproduchoncosts. Any person heard or represented at the heanng or

# I I requesting notice shall be given written noticeofthe actionoftheboard. 

# I 

# I KathrynA. Watson Branch Chief ntficp nf Air Otlalilv 

# ,

.................. Individualsrequ~ring reasonable accommodations for par,ljcipation in this event should contact the lndiana Deoartmemof Environmem Management, AmericansWIUI Disab~liUes Adcoordinator at 

# I Attn ADA Coordinator lnd~ana Departmentof Environmental Management 100 N SenateAvenue Ind~anapol~s, IN46204 

# 1 I or call (317) 232-3077 Speech and heanng impaired callersmay contact the agencysathe lnd~ana Relay Sennce at 1.800-743-3333 Please prov~&a rnin~mum of 72 hours= nobficabon (Couner & PressOecember28,2006) , 

# IThe Evenin News 221 Spring %t.P.O. 

### Boa 867 Jeffersonvllle, 

### IN 47 130

, weq~c NO~=~OP9bnc Hearings Ilnflpr 40 EFR 51 102 and -. .



### --. .- - IC 4-22-2-24, notice is hereby given that the-lndi' ana Air pollution Confrol' .Board (board) -wlii hold. oubtic hearings at i!s reW- iiiy schedulgd meeting on Wednesday, Febiuaiy 7,' 2007. The meetlngwlll con-. vene at 1.00 p m at the Indiana Government Centersouth. Conference Rpom A, 402 West Washington Street, ind~anapoivs, Indiana The purpose of the hearings IS to recelve public comment prlor to the proposed actlon All interested persons arevnvlted and Wlll be gwen reasonable opportunity to express thelr vlews concemlng a proposed actlon Cbo~esof the proposed ~ies are avallable to any persbrr upon request and are available for puhilC inspection at the following locations hdlaha bepati- meot pi Env~ronmentd MBfiagement, dfflce of Alr Qual~t$+ ind~aea Govern- ment '~-~%:d$h, 100 Noah I ,;ale Avepue,ll Mh flow.E&t Julng, Indibnapo- ~IIS In ana 46204 Legislatiik&races Agency, One Nprtb C 'itoldvenue. Suite 325, ~n~oapolis, ind~ana 46204 Mttaha ~e~arthent of Env~rtinmentalManagement, Northwest Office, Suite I. 8315 Virgln~a Street M-rnllv~lle lnd~ana 46410-9201 lnd~ana Department of hu~ronmental Management. Northern OfIlce. Suite 200. 220 W Coltax.' South Bend, lndlana 46601 lndlana Department of Envlronmental Manege ment, Southwest Ofice. 1120 North Vlncennes Avenue. P 0 Box 128, Petersburg, Indiana 41567-0128 Glendale Publlc L~brary, .6101 North Keystone Aue- nue, lndlanapot~s,lnd~ana 

### - 46220 Hammond Publlc LI brary, 564 State Street, Hammond, lnbana 46320 Allen County Public Library 900 Whbstbr Street, Fori Wayne, Ind~ana 46802 Evansville Vanderburgh Cdunty Publlc L~brary 22 SE 5th Street, fva&,lle, lnd~ana 47708 Board docu- ments may be vtewed and downloadefll from the Indlana Department of Envltonmental Management's Web slte as earl$ as one week orior to the rneetino at

-- ~nvironrniital Stiwardshlp Program The purpose ot thls hear~ng IS to receive publlc comment on new rules at 326 IAC 25 that are proposed for final adoptlon by the board The proposed rule thal IS the sublect of ~h~s hearlng would add new rules 326 IAC 25-1, Env~ronmentat Stewardship Program and Comprehenslve Local Envtronmental Acllon Network Commun~ty Challenge Pro gram' and 326 IAC 25-2 Regulatory Flex~blllty lor the Envlronmental ~lewardship Program. Comprehenslve Local EnvironmentalAction Network Community Challenge Program, and Incorpoatipn by Reference of NEPT incentives lndlana Depament of EnvlronmeP- ernlssions llmlts slnce the tal Management (IDEM) revisedem~sslons Iimitsw~ii has developed rule Ian- be effettlve upon the effeoguage for a new article at live date of this ~lemaking 326 IAC 25 concemlngtwo For add~t~on information voluntary pertovance- coitact Susan Bern at the s, neither of which shall basedleadership programs lnd~ana Department bf En The Envlroqmental Stew- vlmnmenlal Management, ich the body of the ardsh~p Prograrh (ESP) and Onide of Air Quality. Room lines Comprehenslve Local Envl 1003, lnd~ana Government ronmentai Actlon Network Center North, 11% North (CLEAN) are new Indiana Senate Avenue, Ind~anapo- with 13rSablkt1es Abt coordl- 

## / x2f-G programs that oHer recognl 11s or call (317) 233-5697 or natof at; Atto. ADA Codrdltlon and lncentlves lor-corn (8oOL 451-6027 (ex13'- nalor hdtanq Ddpanment panres and unlts of local 5697) fin Indiana) dher af Envimnmenlal Mbnagegovernmentthat consistent- Solid Waste incinerator 

### merit 1DB N Senah Avely demonstrate enVlrPnmen- RUle.The purpose of this aU9 indl&napefls, 48204 

## II286 tal stewardship and Stnve heanng 1s to receive pubilc Or call f317k 732-3077 Ibr continual envlranmental comment on new rule 326 Sp~ectfand hganng IAC 11-9 that 1s proposed pdrgd 6ailers may con$d for tinai adoption by the 'the agency Yra the IndlVat lines board The proposed rule ReW %Service at t-800 that Is the SU~~BCI of thl~743-3333 Pleasep~o~ide a hearing would Incorporate minimum ai 72 howmhfl 

## s 

# 95

L Jan 7 work 

# ,2q emlsslon requ~rementsfor CB!~,~W , existing olher solld waste . . 

### . . 

### . . . 

### . . . Inclnemtor (OSWI) units OSW~ unzts are very sqall On

### ($4 00 for each proof mvnip~pal waste combustion unlts ind lnstltutlQnal ' ' ' ' ' . . waste ~nclneratlon unlts . 

### . . . . Thvs rule wiltprpwde the le gal mechqn~smtq !lrnplement the emisslon guidelines for ex~stlng unik and will be part of tRe state plant that JDEM will submit to US EPA for approval, lS as required by Sectlons 

### FEDERAL 

### ID# tllJd) *snd 129 of the 55-0870768 Cieah Air Act For addition lnfoimation contact Bm at?@ lqdlan'F3~ would amend 326 lAC 1-1- merit of Cgwlronrnental 3 to mean (heeditv~n of the Managepent, QffPe 01 Air Code of Federal Regula- Quat& '~oom i50k, tndltloQs tCFR) In On and &oveqmeh\ center ties of Chapter 

### 155,acts 

### 1953, June 30, 2006 The practl- ~~b lop pbnh Senate ,cal effecf of (Ms rulemaking Ifid\@napolls or c$l IS lo updale a1 refenicn 

### $18 439-5691 pr (BOO)ioing accountis just and correct, that the amount clzumed is

legally due, after fie Title 326 Of iSl.602~.hlO?$f7) part of the same has been paid the Indiana AdmlrnstratJve 1hdam) Ulmlnabon Code lo meap the June 30, vehicle inspection and 20D6, edition of ttie CFR, Mdptenancc Requirethus updallng exlstfng fed- ments lq Clark and Floyd era1wles that have been lh- ~~~~fi~~. he purpose of corporaled by reterew In- this hearing IS to receive todate rules, with the' ex- comment pn amendceptlon of those NleS that merits to 326 IAC 13-1 1 

### , 20 

### 07 Title. Legal Bookkeeper
are ~ncorporated b$ refer- that are proposed tor final ence and speclfled by a date cam ~$dt~onatb, 

## ~~,"p"~~~ ~i~~~~ 

# :"h", PUBLISHER'SAFFIDAVIT r~d~~ant4F'$e~l AE!JEbr mblect of this hean, stateof rndiana citatlbns through Out T~tle 326 are bemng deleted For amend 326 IAC 13-

1 add~l~onal lnformatlon con ~~.~~h~~~${ ::;a~~sl~:: ) ss. tact Patnc~a Troth atthe Indtana Envl- spection and mamhance 'lark ) ronmental Manggemenl. 

# ,* 'Or 'lark and Per~~nall~ appeared before , notary public In and for saidcounty Ofllce of Alr Quality, FJoov Ofter December 1003, lnd~ana Government 31 For Incenter Nonh ~O"on contact Chnstlne and Sfate. the undersigned who, being duly Senate Avenue. Indlanapo- 

# $zzn::l :","vlr,"R,"e",". Sworn, Says that she 1s leg \is or call (317) 233-5681 or tal Management, Olhce of (Boo) 451 'OZ7 Alr Quaily, ROO^ 1003. In- newspaper of general clrculatlon printed and published English 3568 ) (In Indiana) Munlcl- diana ~o~~~ment Center pa' waste Nor 100 Nonh senate language ln the (crty) of Jeffeoonvllle state and county aforesaid, Rule The purpose of thls hearing 6 to receive pubilC 

# $:)ueiz%Pol( OiS! and that the printed matter hereto a true copy, which was comment on amendments 451-6027 3 6868) On

326 IAC that are tnd~ana) For each hearing duly published in sad paper for 

## 7 proposed tor final adop- oral statements w~li be tlon by the board The Pro heard, but for the accuracy dates Of publication being as follows ,the 

### peO;:t r;~Sthh~$n$hew~d of the record please submit statements in wr~tlng to the amend 326 IAC t t 7 10 In anendant designated to re- corporate amendments to celve wnnen comments at federal alr ernlsslon stand the public heanng A tran- ards for exlstlng munlclpal script 01 (he hearing and all wasle combustors (MWC) wrlp,n sub&slons to the IDEM 1s proposlng to adopt board at the public hearlng the same emlsslon imts SO~II be open to PU~~Y 1"- Subscr~bed and sworn to beforeme this 

# 2 day of lhat are m the federalemls spectlon at the lnd~anaDeslon guldellnes the partlcu partment of ~nvlronmentai ,2007 late matter cadrnlum lead ~~~~~~~ent and coples and mercury llmlts wlll be may be made avallable to updated to be consistent any person upon payment w~th current federal llmlts of reproduction costs Any IDEM 1s also proposing to heard or representrepeal the compliance ed at the hearlng or reschedule for the onglnal quesfing notrce shall be giv4y commission expires: 

## -OVI-UI ~I.GSC~L~~LJGU uy ~lralrt: DUaI'U U1 KOOUUIlLY cieneral yorm NO. YYY (HeVlSed 1995) 

# - 

# m\

# 0. O~R 

# IDFM I To: Northwest Indiana News~a~ers (Governmental Umt) Lake County, Indlana 601-45th Avenue, Munster, IN 46321 

## I 

# Legal Notice of Public Hearings CLAIM :,J 

# -

j hereby given that Ihe lndtanaAir Pollution control 

# I

I Under 40 CFR 51 102 and IC 4-22-2-24, notice Is lndlanapoils or call (317) 233-5681or (800) 451-6027 \ (ext. 3-6568) (In Ind~ana) \ '- ' Board (board) will hold public hearings at its regularly r of whlch shall tot& more schedule meetlng on Wednesday. February7,2007 MunicipalWaste Combustors Rules The purpose %dvertlsement 1s set) -- number The meetlngwtll convene at 1 00 pm atthe lndlana of this hearing Is to recelde publlc Cdmment on emehdGovernment Center-South, Conference Room A, 402 ments 326 IAG 11-7 that are proposedfor Rnal adopWest WashingtonStreet. Indtanapolls, Indiana The tlon by the board purpose of the hearlngs IS to receive public comment the proposed rule that is the subJect of thls hearprior to the proposed action All Interested persona re Ing would amend 326 IAC 11-7to tncorporate amedinvtted and wtll be glven reasonableopportunity to ments to federal alr emission standards for existlng express their vlews concerning a proposedactlon munlclapl waste combustors (MWC) IDEM Is proposIng to adopt the same emtssion iim~ts that are in the copies of the proposed rules are available to any federal emlsslon guideltnes. the parllculat ematter, person upon request and are ava~lable for publlc cadmium, lead and mercury llrntts will be updatedto Inspection at the following locations be consistent wlth current federal lhit$ IDEM is also lnd~ana Departmentof Env~ronmental proposlng lo repealthe compliance schedulefor the Management, office of Air Qual~ty, lndlana Government original emsstons Ilmttssmce the revlsed emtsslons Center-Norlh. 100 North Senate Avenue, 10thfloor Jirhlts will be effective upbhthe eflectlvedate of this East wing. Ind~anapdis, Indiana46204 rulemaking. Lea~slative ServiceAoencv One North Cadtol For add~tional tnformatlonoonlact Susan Bem at ~venu; Suite 325, ~ndiana~ol~i, Indiana, 46204 the lndlanaQepartment'of Env~ronmental lndtana Departmentof Environmental , Wanagement, Offcle of Alr Qualtty, Room 1003, Management, Northwest Office.Sulte 1, 8315Virglnla lndlana Government Center North, 100 NorthSellate at cents per hne Street, Merriilv~lle, Indiana46410-9201 Aveue. Indianapolisor call (317) 233-5697~r (800) Indiana Departmentof Environmental 451-6027 (8x1 3-5697) (ijl lndtana) Management. NorthernOfflce, Suite 200, 220 W Colfax. South Bend, Indiana 46601 Other SolidWaste lnc~neerator Rule The ~urwse lndlana Departmentof Env~ronmental , of thls hearlng SI turecelve publlc comment on new Management, SquthwestOMce, 1120 NorthVlncenes rule 326 IAC 11-9that IS proposed for final adoptlon by Avenue, PO Box 128, Petersburg, lnd~ana 47567- the board 0128 The proposed rule that Isthe sublect of this hearGlendale Public Llbrary, 8101 North Keysione Ingwould Incoporateemlsston requlrmentsfor existing Avenue, Indianapoils, Indiana 46220 other s~lld waste incneerator (OSWI) unlts. OSWl units HemmondPubllctlbrary, 564 State Street, ham- are very small munlc~pal wait5 omb bust ion unlts and rnond, Indiana 46320 lrrstituhonalwaste lnclneratlon unlts This rule ytllpro. 

# 1 bC382cf Allen County Public Llbrary. 900Webster Street, vide the legal mechanism16 Implemelltthe emission FortWayne, lndlana46802 gtildellnes for existing unlts endwJllbe part of the state EvansvilleVanderburgh County Public Library, 22 plant that IDDEMwill submlf to US EVA for approval, SE 5Jh Street, Evangville, Indiana47708 as requlred by Sections 11l(d) and 129 of the Clean Board documents may be v~ewed and down- Air Act loadedfrom the lndtana Departmentof Environmental For add~tanal informatloncontact Susan Bem at ~anagement's webs~te as early as one week prior to the lndatna Departmentpf Envlronmental the meetlngqt Management, office of Alr Qualily, Room 1003, Indiana httpJlwwwIn govAdemhuleslpacketsAndex,html#alr Government Center noflh, 1QQ North Senate Avenue. Indianapolisor call (317) ~$3-5697 or (800) 451-6027 3, Acts 19 53, EnvlronmentalStewardshlp Program The purpose (ext 3-5697) (in Indiana) of this heartng isjo receive public comment on new rules at 326 IAC 25 that are proposed for flnal adop- Ellm~natlon of Vehlcle lnspect~on and Mdntenance OrreCt, that the amouSlt claimed 1s legally due, tlon by the board Reqtflrements In Clark and Floyd Counttes mepur- ne has been paid The proposed rule that IS the subject of thls hear- pose of thls hearlng Is to receive public comment on lngwould add new rules 326 IAC 25-1 Envtronmental amendnents to 3k6 IAC 13-1 1that are proposedfor Stewardship Programand Comprehensive Local flhal adoptton by the board 'Environmental Action network community Challenge The propsoed rule that Is the subject of thls hearPrBgram and 326 IAC 25-2, Regulatory Flexlblll~ for ,lng would amend 326 IAC 13-1 1 to comply wtlh IC 13- Title 

# Ys/..
Legal Clerk th6 Environmental Stewardship Program, 17-5that volds Indiana's Inspection and malnentnace Cothprehenslve Local EnvlronmentalActlon network rulefor Clarkand Floyd Counties after December 31, cothmun~ty Challenge Program, and Incorporation by I2006 Reference of NEPT lcentives For add~ttpnal ~nformation cohtact Chr~sl~ne Indiana Department of Environmental ' Pedersen at the Indiana De~arlmentdf Environmental Management (IDEM) has developed rule languhgefor Management. Officeof Air Quality, Room 1003, a new artlcle at 326 IAC 25 concernlngtwo voluntary lndiana Government Center Norlh, 100 Norlh Senate performance-based ieadershlp programs The Aveniue, lnd~anapol~s or cab (317) 233-6868 or (800) 

### 3LISHERtS AFFIDAVIT Environmental Stewardshtp Program (ESP) and 451-1302?(ext 3-6868) In lnd~ana Comprehensive Local environmentalAchon Network For eachhear~no oral statementswill be heard hut -, -. (CLEAN) are new Inctlana programsthat offer recognl- for the accuracy of tGe record. please subm~t state- tlon and ~ncnentlves for companies and untls of local ments in writlngto the attendant designated tor ecelve governnment that conslstentiydemonstrateenvlron- rwrtttencomments at the public hearing mental stewardship and strive for continual envlron- A transcrl~t of the hearlnoand all wrltten submlsmental improvement lnitlatlves In lndtanas envlron slons to the board at the publ~c heartngshall be open mental programs to publtc ~nspectton at the Indiana Departmentof heln an< for said-county and state, For addlt~onal lnformattoncontact Chitst~ne EnvironmentalManagement and coples may be made Pederse at the lndtana Department of Envlronmental ava~iable to any person upon pauyment of reproduot~on being duly sworn, says that& 1s Management,offlce of Atr Quality. Room 1003, lndlana costs Any person heard Qrrepresentaedat the heargovernment Center North 100 NorthSenate Aveue, lng or requesting notlce shall be given wrlttep nottce of newspaper of general circulat~on lndtanapoltsor call (317)233-6868 or (800) 45106027 the aclton of the board (ext 3-6868) ln lndtana lngl~sh language in the (city) (town) of hIunster
2006 Annual Update lo the References to the Code of Federal Regulations. The ptlrpose of this hearing is to receive public comment on amendments to 326 IAC 1-1-3that are proposedfor final adoption by the board. The proposed rule that is the subject of this hearing would amend 326 IAC 1-1-3 to mean the edition of the Code of Federal Regulations (CFR) in effecton June 30. 2006, edition of the CFR, thus upddating existing federal rules that have been incorporatedby reference and specifiedby a date certain.Additionally, redundas Federal Register citations throughout Tille 326 are being deleted. For additonal Informationcontact PatriuaTroth at the lndiana Departmentof Enfvironmental Management.office of Air Quality, Room 1003. lndiana Government Center North. 100 North Senate Avenue; Kathryn A Watson Branch Ch~ef aid, and that the printed matF,e~-attached hereto 1s Office of Air Qual~ty ubhshed ~n said paper fordc;;time , the dates lndtviduals requlrlng reasonableaccomodat~ons ,'

### . /. for partlclpatlon In thts evenrshouldcontact the lndlana Department of EnvtronmentalManagement, Americans wtth dtsab~lttles Aql cwrdtnator at Attn ADA Coord~nator, indalna Department of EnvrronmentaI,Management, 100 N Senate Avenue, Indianapoi~s. IN 46204 or call ((317) 232-3077 

### , Speeach and hearlng ~mparled collers may contact the J before methsLday Of agency vla the lndlana Relay Servce at 1-800-743- 

# , , 20 

## @. 3333. Please provide a minimum of 72 hours'notificalion.

, , 

### , , Notary PublicForm Prescribed by Stale Boardof Accounts 

### 80515-4647419 General Form No. 99 P (Rev. 1987) 

### ENVIRONMENTAL

### MANAGEMENT JTY, 

### INDIANA 

### To: INDIANAPOLIS NEWSPAPERS 307 

### N PENNSYLVANIA ST

### - PO BOX 145 INDIANAPOLIS,

### IN 46206-0145 PUBLISHER'S CLAIM

dinator at. Ann: ADA Coordinator Indiana Deparlment oi Environmental Management 100N.Senale Avenue Lions: lot exceed two actual lines, neither ofwhich $ Indianapolis, Indiana 46204. ~ur solid lines ofthe type inwhich the body Legislative Services Agency. One NorthCapitol Avenue. Sulle 325. set). Numberof equivalent lines .Indianapolis Indlana 46204. Indiana ~epinmenl ol Enviranmenlal Management, NonhwerlOHlce. Sute I, 8315 Vlrglnia Slreet. Merrillville. Indiana 46410-9201. $ 10diana Department of Envlronmenlal Management. NarthernOffire. Sulte ZW. 220W. Coltax. South Bend. Indiana 46601: $

. $ Indiana Department of Env~ron~enlal Management

ICA COLUMN - 94 POINT MTS 15.7PT. TYPE - 16.49 So~thwest Office 1120 Northv~ncenner Avenue, ~d 00x128, Pelersburg.lndiar;a 47567-0128. Glendale Public Library. 6101North Keyslone Avenue, Indianapolis Indiana 46220 IHammond~1iblicL8brary. !564 StaleStreet. :Hammond. Indiana 46320 : Allencounty Publlc Llbrary. i 900Webrter slreet.

PUBLISHED 1 TJME = ,339 PUBLISHED 2 TIMES= ,509 PUBLISHED 3 TIMES= ,679 PUBLISHED 4 TIMES= ,848 $

3s in notice CHARGES $ 121.92

rule and figure work (50 percent of $ $ .oo $ .oo )UNTOF CLAIM $ $

ems size of type point $

. $ $ 121.92 i 

### &&3~6\~9'~~~,"~b to the Cpde of Ins andpenalties of Chapter 155, Acts of 1953, j 

### ~.","ti;~;~,',~m~~;~3;kL~~~;!~;h2~,~~;~~~b~~,~~; foregqing account is just and correct, that the amount claimed is legally due, after and that part Of the same has been paid.

PUBLISHER'SAFFIDAVIT State of Indiana SS: MARION County

making. For additioninformalton ronlactsuran 8em at IheIndian?Depart- ment of Envtranmenlal Management, mice 01 Air Quaitty, Room

proposed lor llnal adoptior, by the board The proposed rule thal tr the rublecl of this hearlng would incor- orate emirrton requlrementr for existtng other sohd w?ste Pncinerator loswa unils DSWl unlls are very small munlclpal waste combuslion unils and lnrtilut8onal was!e lnclneration unlts. This rule will provide the legal mechanism lo implement the emir- sion guidelines lor r~i8ng units and will be part of thg state Plant that IDEMwill rubm81 lo U.S. EPA lor approva1,ar regulred bSec- tions 111(d) and 129 of the CleanAlr Act. for addllion lnlormai~on conlartsusanaem al the Indiana Depart- ment 01 Envtronmental Management. Olhce of Air Oualily, Room 

### ~~.~~$$~~",on~E2~(":1~"2?~-?6"d~"d,1p8"oE"~!~'o"2~Lfe~I'f:
Eliminalion 01vehicle inspecl8bn and Malnlenanre Requirements in Clark and Floyd Counlier The purpore of lhir hearlng 8s la receive publtc comment on amendmenls lo 326 IAC 13-1.1 thal are proposed for lmal adopi~on by the board The proposed rule Inal~r lhe rublerc ol thlr hearlngwouldamend 326 IAC 13.1.1 to comply rwih IC 13.17-5 rhal voids Indiana's tn~pect80n and ma~nlenanre rule for Clark and Floyd Countler 11. ler December 31.2006 For addllianal rnlarmal8on rontacr Chr~sftnePedersen al Ihe Indlana Department of Env~ronmenlal Management. Onice of Air QU~I~I~. ~oam 1003. indlana tavernmen1 center Norlh. 100 ~orth 'Senate Avenue. Ind#anapaltror call (317) 233-6868 or (8001451- 6027 (ex1.3-6868) (1nIndlan.91 For each hearang oral stalemenlr woll be heard. but for !he arcu- racy of the record, please rubm8l slatemeotr rn writlng lo the attendant deslgnaled lo receive wrnnen comments al the public hearing. A tranrcrlpl of !he hearrng and all wrtnen rubmlsrlo?r b Ihe .board a1 the pvbllc hear~ng shall beopen topubiirinspecltonat Ihe Indrana Departmenl ol Eny8ronmental Management and copies may be made ava~labie to any person upon paymenl of reproduction costs. Any person heard or represented at the hearing Or requeslkng nolice shall be given wrvnen notlce of the action of the board. KathrynA. Watson Branchchiel miceof Air Pualtty Individuals requiring reasonable accommodations far parlictpa- , Personallyappearedbefore me, a notary public in and for saidcounty and state.
t h e u n d e r s i g n e d Stacey MeCulloughwho, beingduly sworn, says that SHE is clerk of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaperofgeneral circulation
printedand published in the English language in the city of INDIANAPOLIS instate and county aforesaid; and tha't the printedmatter attached hereto is a tmecopy. which was duly published in said paper for 1time(s), b e t w e e n t h e dates of: 01/08/2007 and 01/08/2007

Subscribedand sworn to before meon 01/08/2007

Notary Public
My commissionexpires:

-. tion in lhir even! should iontart the Indiana Oepaament 01 I.PRESCRIBED FORMULA Environmental Manasemenl. Americans wilh DisabilitiesAcl coor-TO: 

### Journal Gazette .~gal.Noti'ce olPublic.Hearings P.O. Box 100 Fort Wayne,M 46802

## ATTACHMENT 

## - E* 

## 1


# -.

BEFORE THE STATE OF INDIANA
AIR POLLUTION CONTROL BOARD

- - -



## PUBLIC MEETING OF OCTOBER 19, 2006

--- 

# ORIGINAL

PROCEEDINGS before the Indiana Air Pollution Control Board,
Dr. James Miner, Chairman, 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 Center, Room C, 402 West Washington Street, Indianapolis, Indiana, on Thursday, October 19, 

## 2006 at 1:03 o'clock p.m.

---



## William 

## F. Daniels, RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 12922 Brighton Avenue Carmel, Indiana 

## 4 6032 

## (317) 848-0088k 

# -
APPEARANCES:
BOARD MEMBERS:
Dr. James Miner, M.D., Chairman Thomas Anderson Kurt Anderson Marlow Harmon Chris Horn Dr. Phil Stevens David Benshoof Howard W. Cundiff, Proxy, State Board of Health John Bacone, Proxy, Department of Natural Resources Chad Frahm, Proxy, Lieutenant Governor

IDEM STAFF MEMBERS: Thomas W. Easterly, Commissioner Kathy Watson Nisha Sizemore Susan Bem Daniel Murray Pat Troth Karol Chuma

PUBLIC SPEAKERS:
Janet McCabe Brian Wright Stan Pinegar Paul Reynolds Chuck Brinkman Vince Griffin Indra Frank Jerry King Carey Hamilton

- - -

## 1:03 o'clock p.m. October 19, 2006 

## - - 

### -


## CHAIRMAN MINER: Good afternoon,
everyone. I'll allow everyone the opportunity
to get to their seat. This is 

## -- the October 19th, 2006 meeting of the Air Pollution Control Board will come to order. A quorum of the Board is present.
I will now introduce the members and their representation. 

## We have 

## Mr. Kurt Anderson, representing manufacturing.
MR. 

## K. ANDERSON: Here. CHAIRMAN MINER: Mr. Tom Anderson, representing environmental; Mr. John Bacone,

on behalf of the Department of Natural
Resources; Mr. David Benshoof, here representing small business; we have Mr. Howard Cundiff from the State Board of Health;
Mr. Chad Frahm, from the Lieutenant Governor

as a 

## proxy; Mr. Marlow Harmon, representing local government; Mr. Horn, representing labor. 

## Mr. Randy Staley cannot be with us today. Randy's father passed away last week.

## 1 2 3 

## 4 5 6 

## 7 8 9 10 11

I 

## 12 13 14 15 16 

## 17 18 19 

## 20 

## 2

## 1 

## 22 23

.-- 

## 34

A written transcript of these hearings will be made. The transcript or any written submissions will be available for public inspection at the Office of Air Quality. Copies will be made for the cost of copying. Will the official reporter for the cause please stand? (Reporter sworn.) 

## CHAIRMAN MINER: Thank you. The purpose of this hearing is to give all interested parties an opportunity to
comment on the specific topics open for hearing today. The first topic is a public hearing before the Air Pollution Control Board of the
State of Indiana regarding preliminary adoption of 326 

## IAC 

## 25, the Environmental Stewardship Program, which is No. 

## 5-232 Air Pollution Control Board.

I will now introduce Exhibit No. 

## 1 -- 

## Ms. Watson -- 

## the draft rule, into the record of the hearing.

Is there someone from the Department

### 35



## who wishes to comment on this rule?
MS. WATSON: Dan Murray will speak.
CHAIRMAN MINER: Ms. Murray. Oh,
Dan Murray; I'm sorry. 

## I thought you said Ann Murray. Sorry, Dan. COMM. EASTERLY: Ann Murray.
MR. MURRAY: Yes, and 

## I don't believe I'm related to Ann, unfortunately. (Laughter. )


## MR. MURRAY: She's a wonderful singer.
Mr. Chairman, members of the Board, thank you again for the opportunity to talk to
you about our Environmental Stewardship Program. 

## I have had the opportunity to go into

more of the background and basis of the program in previous presentations, so I'm going to focus today really on what we've changed since the last time I addressed you. The information in your packet is both the rule in its current form, the fact sheet, and response to 

## public
comments.

# -
When we received public comments after the second notice period, there were a few areas that we felt were in need of revision to respond to those comments. One was to more clearly define the opportunities for the public
to participate in the information that will be made available via our agency's Web site, specifically the portion for the Environmental Stewardsh.ip Program that will list all applicants prior to membership determinations

so that the public may comment on those entities that wish to belong to the program. Also, if there are any revocations of membership, those will also be posted on the Web site for public review, and that was not previously contained in the rule.
We also changed the criteria and added additional clarification relative to the annual reports that will be due of all program members. Those also will be made available to the public via the Web site. We changed two definitions slightly. One, that a responsible official may include

## . more than one individual if there's a group of management or a partnership, ownership of a business entity; and then also, our definition of an EMS for a facility could include more than one EMS for different relationships of divisions of organizations and so on. 

## I don't believe either impacts the intent of the rule or the EMS or management sign-off or buy-in to belong to the program, but we found, through the public comments, that there was indeed room for clarification in there. The other part we added relative to membership revocation was that all incentives that are afforded to members through the Stewardship Program would be immediately revoked upon membership of revocation, and that
goes along with the ability for the public to determine who has been removed from the program and that they would immediately return to their former compliance responsibilities prior to being a member of the program. So, those were the revisions that took

# - place from second notice to the preliminary adoption version of the rule.
As far as an update, our first membership application round, which, again, is in line with EPA's membership round -- 

## which is why we decided to have our first round starting

on September 1st -- 

## has produced five applications to date. It closes October 31st. Interestingly enough, three of the five th.at we received, we had no previous indication that these entities were interested in the program,

so we believe there to be roughly anywhere between 12 to 20 other entities that have expressed interest, either directly, through the Federal Performance Track Program or through local consultants that they do plan to apply to the program. So, we have roughly two more weeks of the application period being open. It closes
at the end of this month. So, we'll see, but we're encouraged by fact that we've received five already, and in most environmental requirements, things are sent in pretty close

## and hello, members of the Board. I am Janet McCabe. I'm the Executive Director of Improving Kids' Environment, a local 

## I organization that works to reduce environmental threats to children's health in Indiana, and
I'm speaking in that capacity, but probably

more in my capacity as somebody who's worked with environmental regulatory programs for many years. I have a little bit of experience from it, and 

## I wanted to address this rule. First of all, let me say that I think that these kinds of programs are really important. I think it's very important for companies to understand that there are good

reasons to go beyond compliance, and I think it's important for agencies like 

## IDEM to provide opportunities for companies to do that,

so I'm supportive of the concept of this
program very much. I also wanted to express my appreciation for how open the Department has been in the rulemaking process to invite people in. They've been taking a lot of time to talk

# - to people about the program and explain their reasoning for things, and that's very much appreciated, and 

## I know that several of my own comments led to changes in the draft rule, and


## I appreciate that as well.


## I do have a couple of points that 

## I wanted to raise, however, as this rulemaking continues, and 

## I have made these comments in the other programs as well that. I think they're pretty consistent. I have a couple of comments about the program as a whole, and then



## a couple that relate to the specific incentives that are provided in the Air program. 

## I think the most important thing for a program like this is to maintain its credibility and to -- 

## for everybody to feel assured that the companies who are in this program truly are going beyond compliance and that environmental standards are not being relaxed in any way for those companies.
A couple of my comments had to do with the specific language in the rule which, of

course, you guys get to act on, and a couple

### 42



## had to do with statements that the agency has made about how they intend to implement the rule, which is more of a guidance issue, so I'll touch on a couple of each of those.
Resources are going to be really important. Of 

## course, we really won't know until the deadline how many companies are interested in this and how much resources it will take, but it's important for the agency to devote the appropriate amount of resources to reviewing the applications to keeping track of how the companies are doing, if they're given the privilege of being in this program. So, I hope that the agency will -- 

## and trust that the
agency will pay attention to that. The rule includes, appropriately, an annual report that each company needs to submit, and 

## I suggested, and 

## I think the agency
agrees, that the agency should issue an annual report that summarizes the success of the
program, so that the public can see, in one spot, that this program is being successful, that these companies really are going beyond

# - 43

C 

## compliance and that there are not problems with it.
One thing that I would urge in Rule -- 

## in Sections 13 and 14 of the rule, it lists the things that the companies or the municipalities need to provide in their annual summary. 

## I would suggest that they also provide a summary of their compliance history for the previous
year. Now, you would hope that that summary would be, "We were in compliance for the entire
year. We received no notices of violation,
we've had no agreed orders." Otherwise they probably shouldn't be in this program.
But 

## I think that that would provide an extra level of assurance to the public if they could see, right along with the progress of how they're doing on their beyond compliance activities, and "indeed, we had no rule violations, we had no law violations in the previous year." So, 

## I think that that would strengthen the credibility of the program from the perspective of the public.

## 4

## 4

L 

## In general, 

## I don't disagree that incentives needs to be provided for companies
to feel that this is a good thing for them. I just -- 

## I want to express real concern about the incentives related to inspections, and particularly preannounced inspections. I just think that that is a very, very bad idea, to have a system where a regulated industry gets

an advance announcement, even if it's 24 hours in advance, that the inspector is coming the next day. There are companies that I've talked to who are very much beyond-compliance companies who have said that that is not an incentive they would ever accept, because they want people to know that an inspector can come any time, unannounced, and they are ready to be inspected. So, I would really urge the Department to rethink that.


## I know that one of the reasons given for that is that sometimes an inspector comes and the environmental manager isn't there that day because he's at another plant site or

# - whatever, and that makes the inspection difficult, and 

## I understand that, and an alternative -- 

## and it also -- 

## it's inefficient for the agency to have to come back another day. But given that this -- 

## there will be relatively 

## few companies in this program -- 

## maybe more and more as it gets more successful, which would be good -- 

## one 

## -- an alternative incentive that could be offered is, rather than telling them you're coming a day ahead, do offer to come back another day, if when they happen to show up, the environmental manager isn't there. That wouldn't be that much of a burden on the agency, because this is relatively few companies that we're talking about. So, 

## I wanted to emphasize that. Another comment 

## I wanted to make about the rule is: There's a section, Section 10, that talks about the kinds of criteria that either will preclude a company from being considered for this program or might preclude 

## a
company from being considered for this program.

## - 4 6


# ..- And you can debate which ought to be in which category. There's one in the "might" category that I would urge you consider whether it ought to be the "shall preclude" category, and that is if the company has -- 

## is in noncompliance of either a federal or a state
consent decree or agreed order. 

## I just don't think it's appropriate for a company that has ongoing problems with an agreed order or a consent decree, that they would be eligible for this program before they get that resolved. Those are my comments about the overall
program. I wanted to mention two things about the incentives in the air rule, and then 

## I will sit down. One is the ten-year permit renewal, which has already been mentioned today. 

## I don't disagree that there are circumstances under which there's some value added to reviewing some of these permits more frequently than that. However, that is a long, long time for

a permit to go without any attention, especially 

## if this is also a company that may> 

## be getting inspected less frequently because it's in this program. So, 

## I would suggest that the Department consider some sort of check-in. There may well be rules that have been promulgated in that period of time, and having

an every-five-year look gives you a little bit

more regular time to check in on things like that. So, I'd just suggest that. And then the last thing is the monthly 

## VOC monitoring. If you've read the comments that have come in, both from my organization and from U.S. EPA, 

## there's concern with monthly averaging of VOC 

## emissions. Ozone is a daily -- 

## the health standard for ozone is a daily health standard.
EPA 

## has always insisted that companies daily records so that they know on a daily basis that they're meeting the standard. It looks like EPA 

## has concerned with this based on their comment, and so I wanted to register my concern about that as well. Thank you.
CHAIRMAN MINER: Thank you, Janet.

### 4 

### 8

-m 

## Any questions or comments for Janet at 

## this time? Yes, sir, Doctor.
DR. STEVENS: In terms of the inspection, are you more concerned about the
announcement or the frequency?
MS. 

## MCCABE: I'm more concerned about the announcement, and I'll tell you why. Companies that have good compliance records 

## -- IDEM has some discretion now to go to companies

more frequently if they feel that they need it, and companies that have a good compliance record already are going to be inspected less frequently than companies that need more attention. So, I'm less concerned that the Department would feel they don't need to be there as often and much more concerned that they would provide the announcement. And I'm not suggesting that every company would take that opportunity to scurry around and do all kinds of things or shut the processes down.
I'm more concerned with the appearance that the

i

# - 4 

## 9

regulate -- 

## the inspector -- 

## the public should expect that inspectors show up, and the companies need to be ready to receive them and show that they're in compliance.
MR. 

## T. ANDERSON: 

## A comment on the eligibility. Just looking at the revocation section, that kind of looks discretionary, 

## I
guess, and 

## I don't know if you wanted to speak
to -- 

## because you did mention some of the -- 

## you know, how 

## -- what would prevent somebody from either being allowed in or what would make them be revoked for this designation?
MS. MCCABE: Uh-huh.
MR. 

## T. ANDERSON: 

## I don't know if
you have any comments on that, but 

## I'm do see that the conditions that someone could be revoked from membership looks discretionary, but 

## I don't know if you wanted to add anything else.
MS. MCCABE: You know, 

## I didn't have any specific things to say about that today, Tom, because 

## I wanted to just hit the highlights.

# - 50



## But like 

## I say, 

## I think a lot of those things are judgment calls, and it just doesn't feel right to you that somebody who has done 

## X should be a part of this program, and again, it
goes to the credibility of the program.
Was there something in particular 

## -- MR. 

## T. ANDERSON: Well, no, 

## I just -- 

## MS. MCCABE: 

## -- that you were looking at?
MR. 

## T. ANDERSON: -- 

## was wondering whether you had a suggestion, because, again,
you know, a violation that may be a paper violation of one -- 

## you know, it 

## may not be as significant as something that is, you know, major dereliction of a requirement, and -- 

## MS. MCCABE: Right.
MR. 

## T. ANDERSON: -- 

## you know,

so -- 

## you know, how -- 

## you know, could you maybe propose an idea of how that could be put into rule language so that you aren't, in effect, trying to go after someone who gets caught in the mail for a day late versus

### 51



## somebody that is significantly continuously violating?
MS. MCCABE: Right. I think that's the important distinction, and unfortunately, the way EPA characterizes violations, sometimes things that are essentially paper violations get characterized as fairly significant, so it's not as easy as saying, "Just follow EPA's categories."
You want to apply some judgment to it, which is one reason why having some discretion in some cases is appropriate, but there are others that I think just ought to be clear, you know, "you get this and 

## you're out." I'll be glad to take a closer look at that and provide

some thoughts to you and to the agency.
MR. 

## T. ANDERSON: Thank you. CHAIRMAN MINER: Any questions more for 

## Ms. McCabe? (No response.)
CHAIRMAN MINER: Thank you, Janet.
MS. MCCABE: Thank you. CHAIRMAN MINER: Is there anyone

# - a company's had some past deficiencies, that's going to kick them out.


## I don't think that -- 

## I think that the
way they're handling it right now, they're saying that maybe because of the past activities, it would be used against them, that's fine, but 

## I think we should also look at it as a new time and a new company, if they're going through all of this effort. The other thing, on the inspections.
I'm the person that usually has to come to the office when the inspectors show up, and a lot of times I'm out there, and 

## I also cover multistates, 

## I also cover multifacilities. We have 13 

## facilities in Indiana. And when you come into these inspections, in the past they were quite simple. They'd show up and they'd say, "Show

us your MSDS's." "Okay. We can do that." That's isn't what it 

## is now. There are compliance records, there are reports, there are training documentations. It's an awful lot of stuff.

## CHAIRMAN MINER: Thank you,

-.



## CHAIRMAN MINER: Sure.
MR. 

## T. ANDERSON: -- 

## on the VOC 

# I
issue and the EPA response, and certainly it speaks to that the agency's going to have continued conversations, I guess, with EPA over the daily-averaging issue, and so I just wanted to, I guess, point that out, and I'd be 

# (1 interested to s e e w h a t , voli knnu rnmnc -I-,,-.-.+ 

# I

COMM. EASTERLY: EPA will have to accept this rule as a SIP revision, so if we can't convince them that it's the right thing, they won't accept it.
MR. T. ANDERSON: Okay. Thank you. CHAIRMAN MINER: Seeing no person's hand for any other comments, very good. 

## I would entertain a motion for preliminary

# - Opposed? (No response.)


## CHAIRMAN MINER: Motion carries. The next action is a public hearing before the Air Pollution Control Board of the
State of Indiana regarding final adoption of amendments 

## 326 IAC 7-4-2, Citizens Gas and Sulfur Dioxide Emissions Limitations.


## I will now introduce Exhibit 2-A, the proposed rule preliminary adopted with IDEM'S suggested changes incorporated, and Exhibit 2-8, the proposed rule as preliminarily adopted, into the record of the hearing.
Is there someone from the Department that wishes to speak to this rule?
MS. WATSON: Susan Bem.
MS. BEM: 

## My name is Susan Bem, and
I work in the Rules Section. There have been a few changes to the rule language since preliminary adoption. The source's 1978 construction permit includes a requirement that gas from battery 

## 1 be desulfurized and that the gas used to

## 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 Thursday, October 19, 2006 

### in this matter and transcribed by 

### me.

Notary Public in and for the State oi Indiana.

My Commission expires October 27, 2008.

# EXHIBIT 1

Dm#05-232 ESPICLEAN October 19, 2006 

### TITLE 326 

### AIR POLLUTION CONTROLBOARD
DRAFT RULE #05-232(APCB) DIGEST Adds 326 IAC 25. Effective 30 days after filing with the Publisher. HISTORY First Notice of Comment Period: September 1,2005, Indiana Register (28 IR 3665). Continuation of First Notice: April 

### I,2006, Indiana Register (29 

### IR 2373). Second Notice: June 1,2006, Indiana Register (29 IR 3 109). Notice of First Hearing: June 1,2006, Indiana Register (29 IR 3121). Change of Hearing Notice: September 

### 6;2006, Indiana Register (20060906-IR326050232CHA) Date of First Hearing: October 19,2006. 326 

### IAC 25 

### DRAFTRULE SECTION 1.326IAC 25 IS ADDED TO 

### READ AS 

### FOLLOWS: ARTICLE 25. 

### VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS Rule 1. 

### Environmental StewardshipProgram and Comprehensive Local Environmental Action Network Community Challenge Program 326 

### IAC 25-1-1 

### Applicability Authority: IC 13-14-8;

### IC 13-17-3-4; 

### IC 13-17-3-12; 

### IC 13-27-8-3 

### Affected: IC 13-15;

### IC 13-17 

### Sec. 1. 

### (a) TheIndiana Environmental Stewardship Program and Comprehensive Local Environmental Action ~etwork Community Challenge Program arevoluntary performance based leadership programs that offer recognition, regulatory flexibility, and an opportunity to work directly with the department on innovative pilot projects for entities that consistently demonstrate environmental stewardship and make measurable efforts towards continual environmental improveinent. In accordancewith IC 13-27-8-3, 

### an entity is not required to comply with this rule and 326 

### IAC 25-2 

### except as a provision of Page 

### 1 of 16Dm #05-232 ESPICLEAN October 19, 2006 

### participation in these programs. (b) This rule applies to any Indiana entity that: (1) voluntarily participates in either program; (2) meets the eligibility requirements of section 3 of this rule; and (3) maintains membership by complying with this rule and 326 IAC 25-2. (AirPollution ControlBoard; 326

### IA C 25-

### I-1) 326 IAC25-1-2 Definitions Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-11-2-35; IC 13-11-2-51; IC 13-15; IC 13-17 Sec. 2. In addition to the definitions in IC 13-11-2, thefollowing definitions apply throughout this rule and 326 IAC 25-2: (1) "Commissioner", as defined in IC 13-11-2-35(a), means the commissioner of the department of environmental management. (2) "Comprehensive Local Environmental Action Network Community Challenge Program" or "CLEAN" means the voluntary stateprogram for units of local government in Indiana that: 

### (A) demonstrate environmental stewardship; and (B) strive for continual environmental improvement. (3) "Department", as defined in IC 13-11-2-51, means the Indiana department of environmental management. (4) "Entity" means a company, corporation, firm, enterprise, authority, institution, partnership, sole proprietorship, limited liability company, any person as defined in IC 13-11-2-158(a), or unit oflocal government, orpart or combination thereof, whether incorporated or not, public or private, that has its own functions and administration. Except as described in section 4(c) of this rule, an entity has one (1) geographic location under: (A) atleast oneEMS; and (B) the direction of senior management. (5) "Environmental aspect" means an element of the activities, products, or services of an entity that has the potential to interact with the environment. (6) "Environmental impact" means any change to the environment, whether adverse orbeneficial, wholly orpartially resulting from the environmental aspects of an entity. (7) "Environmental laws, rules, and regulations", for thepurpose of this article, means the system of laws and standards administered by 

### U.S. EPA, the department, orrelated local government bodies. (8) "Environmental management system" or "EMS" means a continuous cycle of planning, implementing, reviewing, and improving a set of documented processes

### Dm#05-232 ESPICLEAN October 19,2006 

### and practices used to develop and implement the environmental policy and manage the environmental aspects of an entity to: (A) maintain compliance; 

### (B) reduce adverse environmental impacts; and 

### (C) increase operational efficiency. 

### (9) "Environmental objective" means an environmental goal that is consistent with the environmental policy of an entity. (10) "Environmental policy" means the overall commitment and direction of an entity related to environmentalperformance as formally expressed by senior management. (11) "Environmental Stewardship Program" or "ESP" means the voluntary state program for entities in Indiana that: (A) demonstrate environmental stewardship; and 

### (B) strive for continual environmental improvement. (12) "Environmental target" means a detailed performance requirement that: 

### (A) 

### is quantified where practical; and (B) 

### arises from the environmental objectives. (13) "Geographic location," for the purposes of this article, means an aggregation of one (1) ormore operations that are: (A) located on: (i) one (1) piece of property; or (ii) contiguous or adjacent properties; and (B) 

### owned, operated, or controlled by the same entity. (14) "Independent audit" means an audit conducted by a party that: (A) is not directly employed by the entitybeing audited; and (B) 

### has not played a substantiverole in implementing theEMS being audited. (15) "National Environmental Performance Track Program" or "NEPT" means the U.S. EPA's National Environmental Performance TrackProgram. (16) "Senior management" means the following: (A) For entities, the individual or individuals with executive responsibility for the entity. (B)

### For a partnership or sole proprietorship, a general partner or the proprietor, respectively. (C) 

### For a unit of local government or other governmental unit, either a principal executive officer or ranking elected official. (17) "U.S. EPA" means the administrator of the United States Environmental Protection Agency or the administrator's designee. (Azr 

### Pollution Control Board; 326

### IAC 25-1-2) 

### 326 IAC 25-1-3 Eligibility criteria Page 3 of 

### 16Dm#05-232 ESPICLEAN October 19, 2006 

### Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 3. Participation in ESP or CLEAN is voluntary and is open to entities located and operatingin Indiana that meet the following criteria: (1) The standard of environmental compliance as described in section 10of this rule. (2) Implement and maintain an EMS as described in section 

### 11 of this rule. (3) Conduct continuous environmental improvement initiatives as described in section 12of this rule. (Air Pollution Control Board; 326IAC 

### 25-1-3) 326 IAC 25-1-4 Membership application Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 

### 13-17 Sec. 4. (a).A member of senior management shall submit an application, preferably electronically, by one (1) of the following methods: (1) For applications for either ESP or CLEAN only, to the department on: (A) a form, whether electronically or hard copy, provided by the department; or 

### (B) an equivalent form. (2) For applications for both ESP and NEPT, to U.S. EPA, electronically on the form provided by U.S. EPA. An application submitted to U.S. EPA satisfies the requirement for an application to the department forESP. (b) The application shall be signed by a member of senior management. The signature shall: (1) constitute affirmation that the statements in the application are true and complete, as known at thetime of completion of the application; and (2) subject the member of senior management to liability under state laws forbidding false ormisleading statements. (c) A 

### membership for an entity shall be limited to cover one (1) geographic location, except that an entity may apply for membership as a group of locations if the following criteria aremet: (1) Each location must meet the eligibility criteria individually and as a group, including the requirement to identify environmental improvement initiatives. (2) 

### The environmental improvement initiatives may be similar or the same for all of the locations, but each location must: (A) play an active role in each initiative; and 

### (B) demonstrate continuous environmental improvement.

### Dm#05-232 ESPICLEAN October 19,2006 

### (3) TheEMS must address staff and activities at each location. 

### (4) Senior management must be common to all locations. (5) The standards of environmental compliance in section 10 of this rule shall apply to all Indiana locations under the control of the entity. (d) The commissioner shall make a determination on acceptance into ESP or 

### CLEAN based on the following: (1) The EMS must meet the standards in section 

### 11 of this rule. (2) A site visit by a representative of the department to provide an understanding of the environmental aspects of the entity and the EMS. (3) Identification of environmental improvement initiatives and associated objectives and targets as follows: (A) For ESP applicants, atleast one (1) environmental improvement initiative and associated objectives and targets for the first year of membership. (B) 

### For CLEAN applicants, atleast five (5) environmental improvement initiatives and associated objectives and targets for the three (3) year term of membership. (4) For ESP applicants, information provided to U.S. 

### EPA if the entity has also applied for membership in NEPT. (5) Compliance audits conducted by: (A) 

### the department; 

### (B) theU.S. 

### EPA; (C) 

### other state offices; and @) 

### other federal agencies; as appropriate. (6) 

### Other information, including thefollowing: (A) Compliance information obtained from department staff. (B) 

### Verifiable, applicable information received from sources determined to be relevant by the commissioner. (AirPollution Control Board; 326IAC 25-1-4) 

### 326 IAC 25-1-5 Term of membership Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; 

### IC 13-17 Sec. 5. (a) The term of membership is three (3) years from the date the entity is accepted into the program as long as the entity continues to meet the program criteria and submits the annual summary. (b) For 

### ESP members, the department may extend the term for up to one (1) year 

### Page5 of 16

### Dm#05-232 ESPICLEAN October 19,2006


### to: (1) coincide with the membership datein NEPT, if applicable; or (2) coincide with the annual summary submission by allowing a member whose expiration date occurs prior to April 1of that year to extend its expiration dateto April 

### 1of that year. (c) For CLEAN members, the department may extend the term for up to ninety (90) days to accommodate submission of thethird annual summary, at which time CLEAN members may seek to renew membership in the program. (Air Pollution Control Board; 

### 326 

### IA C 25- 1-5) 

### 326 IAC 25-1-6 Renewal of ESP membership Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 6. (a) To renew ESPmembership, a member of senior management shall submit a renewal application, preferably electronically, by April 

### 1of the third year of membership as follows: (1) Forrenewal applications for ESP only, to the department on: (A) a form, either electronically or hard copy, provided by the department; or 

### (B) an equivalent form. (2) For renewal applications for both ESP and NEPT, electronically to U.S. EPA on theform provided by U.S. 

### EPA. (b) The application shall be signed by a member of senior management. The signature shall: (1)constitute affirmation that the statements in the application are true and complete, as known atthe time of completion of the application; and (2) subject the member of senior management to liability under state laws forbidding false or misleading statements. (c) The department shall review the renewal application and the annual summaries submitted duringthe most recent term of membership. The review of a renewal shall follow the same procedures as the review for the initial application regarding compliance checks and EMS evaluations, except 

### a general site visit by a representative of the department shall not be required. (d) 

### Thecommissioner shall make a 

### determination on the 

### ESP renewal application based on the following: 

## (1)TheEMS must continue to meet the standards in section 11of this rule. 

### Page 6 of 16

### Dm#05-232 ESPICLEAN October 19,2006 

### (2) Review of the annual summaries submitted duringthe previous membership term. (3) 

### Successful coordination with a member of senior management to set at least one (1) environmental improvement initiative and associated goals for thenext year of membership. 

## (4) Information provided by 

### U.S. EPA if the entity has also applied for membership in NEPT. (5) Compliance audits conducted by: (A) the department; 

### (B) the

### U.S. EPA; (C) other state offices; and 

# 0) other federal agencies; as appropriate. (6) Other information, including thefollowing: (A) Compliance information obtained from department staff. 

### (B) Verifiable, applicable information received from sources determined to be relevant by the commissioner. 

## (AirPollution ControlBoard; 326IAC 25-1-6) 

### 326 LAC 25-1-7 Renewal of CLEAN membership Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 7. (a) To renew CLEAN membership, a member of senior management shall submit thethird annual summary of theprevious membership term: (1) to the department within sixty (60) days after the third annual anniversary of the datethe previous membership term began; (2) 

### to clearly indicate the intention to renew membership; and (3) including five (5) objectives, targets, and action plans for the next three (3) year term. (b) The application shall be signed by a member of senior management. The signature shall: (1) constitute affirmation that the statements in the application aretrue and complete, as known at the time of completion of the application; and (2) subject the member of senior management to liability under state laws forbidding false or misleading statements. (c) The department shall review the annual summaries and five (5) objectives, targets, and action plans submitted during the most recent term of membership. The review of this information shall follow the same procedures as thereview for the initial Page 7 

### of 

### 16

### Dm#05-232 ESPICLEAN October 19, 2006 

### application regarding compliance checks and

## EMS evaluations, except a general site visit by a representative of the department shall not be required. (d) Thecommissioner shall make a decision on the CLEAN renewal application based onthe following: (1) The

### EMS must continue to meet the standards in section 

### 11 of this rule. (2) Review of the annual summaries submitted during the previous membership term. (3) Successful coordination with a member of senior management to identify at least five (5) environmental improvement initiatives and associated goals for thenext three (3) year term of membership. 

### (4) Compliance audits conducted by: (A) the department; (B) 

### theU.S. EPA; (C) 

### other stateoffices; and @) 

### other federal agencies; as appropriate. (5) Other information, including thefollowing: 

## (A) Compliance information obtained from department staff. 

### (B) Verifiable, applicable information received from sources determined to be relevant by the commissioner. (e) If the entity does not request a renewal with the third annual summary, then membership 

### in CLEAN expires upon receipt by the department of the third annual summary. 

### (AirPollution ControlBoard; 326

### IAC 25-1-7) 

### 326 IAC 25-1-8 Revocation Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 8. (a) The commissioner shall revoke membership in ESP or CLEAN if the entity has not substantially complied with any of the following: (1) The standards of environmental compliance described in section 10of this rule. (2) Therequirement to make sufficient progress towards attaining the environmental initiatives identified and agreed upon at the time of application and submittal of the annual summaries. (3) The requirement to maintain an approved EMS as required for membership. (4) The prohibition against knowingly submitting false information: (A) on the application; 

### (B) in the annual summary; (C) during a site visit or evaluation by the department; or 

### Page 

### 8of 16Dm#05-232 ESPJCLEAN October 19,2006 

### (D) during an independent audit. (b) The commissioner may revoke the membership in ESP or CLEAN if the entity has not substantially complied with any of the following: (1) The ESP or CLEAN program requirements in this article, as applicable. (2) Federal, state, or local environmental laws, rules, and regulations. (c) A determination by the commissioner to revoke a membership under subsection (b) may be based upon the following: (1) Compliance information obtained from department staff. (2) 

### Verifiable, applicableinformation received from sources determined to be relevant by the commissioner. (d) If the commissioner determines that a situation shall ormay warrant revocation of membership based on subsection (a) or (b), the following applies: (1) The commissioner shall notify the entity in writing: (A) of anypotential deficiencies found; and 

### (B) that the commissioner is considering removing the entity from the program. (2) Thenotice shall: (A) state that the commissioner may consider removing the entity from the program after the response time period provided to the member; (B) 

### identify thepotential deficiencies; and (C) provide the entity with thirty (30) days to respond. (3) Within thirty (30) days after the end of thetime period provided to the member, the commissioner shall consider the response and determine if the situation warrants revocation of membership. (e) An 

### entity whose membership has been revoked may reapply under section 4 of this rule at any time twelve (12) months after the revocation. (f) 

### Revocation of memberships shall be posted 04 

### the department website for the duration of the current application period. (g) Except as described in subsection (h), immediately upon revocation, all member incentives and regulatory benefits afforded to the member of ESP or CLEAN under this article shall be revoked. (h) An entity whose membership has been revoked subsequent to renewal of the entities FESOP or MSOP permit under 326 IAC 25-2-2 shall apply for a renewal permit with a term of not more than five (5) years within six 

### (6) months of the date of revocation.Dm #05-232 ESPJCLEAN 'October 19,2006 

## (AirPollution Control Board; 326

### IAC 25-1-8) 326 IAC25-1-9 Transfers Authority: 

### IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; 

### IC 13-17 Sec. 

### 9. Membership in ESP or CLEAN may be transferred to another entity at the same geographic location provided: 

### (1)the departmentis notified within ninety (90) days of the: (A) change in ownership or management; and 

### (B) intent to maintain membership; and (2) senior management commits to: (A) fulfilling theprevious member's commitments; and 

### (B) the requirements of the program for the remainder of themembership term by signing an updated membership application. 

### (AirPollution 

### ControlBoard; 326

### IAC 25-1-9) 

### 326 

### IAC 25-1-10 Standardsof environmental compliance Authority: IC 13-14-8; IC 13-17-3-4; 

### IC 13-17-3-12 Affected: IC13-15;IC13-17 Sec. 10. (a) To be accepted into ESP or CLEAN, a member of senior management of the entity shall submit a certification with the application to the department certifying that, based on information andbelief after reasonableinquiry, the entity is currently in compliance with allapplicable local, state, and federal environmental laws, rules, and regulations. (b) The department shall: (1) review the administrative, civil, and criminal environmental compliance and enforcement history of the entity in order to determineif the entity satisfies the required standard of substantial environmental compliance; (2) consider all applicable environmental compliance and enforcement criteria, including the criteria in subsections (c) 

### and (d) 

### in determining whether or not an entity has achieved substantial environmental compliance; and (3) post the organizational name and location for all new and renewal applications on the department website within fourteen (14) days of the close of each application submission round. (c) The following criteria shall prevent acceptance of an entity into the ESP or CLEAN: (1) Corporate criminal conviction or guilty plea for environmentally-related 

### Page 10of 16

### Dm#05-232 ESPICLEAN October 19, 2006 

### violations of criminal laws involving the entity or an officer of the entity within the past five (5) years. (2) Criminal conviction or plea of employee atthe entity for environmentallyrelated violations of criminal laws within thepast five (5) years. (d) The existence of one (1) or more of the following criteria may prevent acceptance of an entity into ESP or CLEAN: (1) Ongoing criminal investigation orprosecution of the entity, or an officer or employee of the entity, for a violation of environmental law. (2) Three (3) or more significant violations atthe entity in thepast three (3) 

### years. (3) Unresolved or unaddressed significant noncompliance or significant violations. (4) Planned, but not yet filed,judicial or administrative action, by 

### U.S. EPA or the department, against the entity. (5) Ongoing U.S. EPA or department-initiated litigation against the entity. (6) 

### A situation where an entity is not in compliance with the schedule and terms of an order or decreeissued by: (A) U.S. EPA; or (B) the department. (7) A history of significant environmental problems or a pattern of noncompliance atthe entity or at other affiliated entities under the same ownership or control. 

## (AirPollution Control Board; 326

### IAC 25-1-10) 

### 326 

### IAC 25-1-11 Environmental management system Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 

### 13-15; IC 13-17 Sec. 11. 

### (a) An approved EMS must be implemented by the entity before acceptance of an entity into ESP or CLEAN. (b) An EMS that meets the criteria for ESP and CLEAN must, at a minimum, include the following: (1) Evidence of senior management support, commitment, and approval provided through management review of records, employee interviews, or signatory reference to the applicant's environmental policy. (2) A written environmental policy directed toward the following: (A) 

### Compliance. (B) Pollution prevention. (C) Continuous improvement. (3)

### For CLEAN members, the environmental policy must also address sharing environmental decisions and performance information with the community. (4) Identification of the environmental aspects at the entity. 

### Page 11of 

### 16

### Dm#05-232 ESPICLEAN October 19, 2006 

### (5) Prioritization of the environmental aspects and a determination of those aspects deemed significant by the entity considering, at the minimum, environmental impacts and applicable laws, rules, and regulations. (6) Established priorities and environmental objectives and targets for the following: (A) Continuous improvement in environmentalperformance. 

### (B) Ensuring compliance with applicable environmental laws, rules, regulations, and permit conditions. (7) 

### An established community outreach mechanism that includes the following: (A) Identifying and responding to community concerns. (B) 

### Informing the community of important matters that affect the community. 

### (C) Reporting on theEMS, including, at a minimum, reporting to the public on the environmentalpolicy and significant aspects. (D) 

### Through the annual summary, reporting on theenvironmental improvement initiatives, including progress towards the most recent environmental improvement initiatives identified in the application or annual summary. (8) 

### Incorporation 

### of environmental andpollution prevention planning in the development of new products, processes, and services and modifications of existing processes. (9) 

### Evidence of clear responsibility by the entity for the following: (A) Implementation, training, monitoring, EMS maintenance, and taking corrective action. (B) 

### Ensuring compliance with applicable environmental laws, regulations, and permit conditions. (10) 

### Documentation of theimplementation procedures and the results of implementation. (11) Appropriately written EMS procedures to include documented plans, records, and procedures as needed for successful implementation of an EMS as defined in 326 IAC 

### 25-1-2(7). (12) An annual evaluation of the EMS with written results provided to senior management and affected employees. (c) 

### For CLEAN members, the environmental policy must be adopted through an executive order, resolution, or ordinance. (d) The department shall determine if 

### the 

### EMS meets the criteria in subsection (b). (e) A 

### representative of the department shall perform an on-site review, evaluation, and verification of the EMS if, within twelve (12) months of the application submittal, the Page 12

### of 16

### Dm#05-232 ESPICLEAN October 19, 2006 

### EMS has not been: (1) audited by an independent party; or (2) registered pursuant to a recognized certification standard. 

## (AirPollution Control Board; 326

### IAC 25-1-11) 326 IAC25-1-12 Continuous environmental improvement Authority: IC 13-14-8; 

### IC 13-17-3-4; 

### IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 12. (a) In coordination with the department, a member of senior management shall identify continuous environmental improvement initiatives for the appropriate program, as follows: (1) For ESP, a member of senior management shall identify three (3) 

### continuous environmental improvement initiatives for each membership term. One (1) initiative shall be identified atthetime of the initial or renewal application and the remaining initiatives shall beidentified each year atthe time the annual summary is submitted to the department. (2) 

### For CLEAN, a member of senior management shall identify five (5) 

### continuous environmental improvement initiatives for the three (3) year membership term. (b) Entities accepted into ESP or CLEAN shall: (1)

### maintain records that describe and track the actions taken toward achievement of the enviroumelltal improvement initiatives; and (2) submit an annual sunimary in accordancewith section 13or 14 of this rule, as applicable, documenting progress toward the environmental improvement initiatives for that year. (c) Entities accepted into ESP or CLEAN shall demonstrate continuous environmental improvement by the following: (1) Conducting periodic pollution prevention or environmental improvement assessments that identify opportunities for reducing pollution and eliminating waste at the entity. (2) 

### Identifying, obtaining approval for, and implementing environmental improvement initiatives in coordination with the department that: (A) include objectives and targets beyond current legal requirements; and 

### (B) as 

### applicable, specify the: (i) environmental media; (ii) types of pollution to be prevented or reduced; (iii) implementation activities; and (iv) projected time frames. (3)

### Reporting on the activities undertaken toward implementation of the initiatives 

### Page 13 

### of 16Dm#05-232 ESPICLEAN October 19,2006 

### identified with the department. 

### (AirPollution Control Board; 326

### IAC 25-1-12) 326 IAC 25-1-13 Annual summaryfor ESP members Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 13. 

### (a) Entities accepted into ESP shall submit an annual summary on a form provided by the department or an equivalent form documenting the following: (1) Progress toward the objectives and targets identified for the environmental improvement initiative for that year. (2) Results obtained from achieving the environmental improvement initiative objectives andtargets, if applicable. (3) An annual review of theEMSby the entity. -(b)If the entity has not attained the objectives and targets associated with an environmentalimprovement initiative, a member of senior management shall provide the following: (1) Verification of continued progress toward the objectives and targets, (2) A 

### description'ofthereason the objectives and targets have not been attained. (c) Each annual summarymust include identification of the environmental improvement initiative for the next year, unless the entity is terminating membership in ESP. (d) The annual summary shall: (1) cover the twelve (12) month calendar year; (2) be submitted to the departmentfor each year by April 1of the following year; and (3) be submitted for each calendar year in which the entity has been a member for at least three (3) full months. (e) An annual summary submitted to U.S. EPA as a requirement of being 

### a member of NEPT shall satisfy the requirement for an annual summary for ESP members. 

### (Air Pollution Control 

### Board; 326

### IAC 25-1-13) 

## '" 326 IAC 25-1-14 Annual summary for CLEAN members Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 14. (a) Entities accepted into CLEAN shall submit an annual summary on a Page 

### 14 of 

### 16Dm#05-232 ESPICLEAN October 19,2006 

### form provided by the department or an equivalent form documenting the following: (1) Progress toward the objectives and targets identified for the five (5) environmentalimprovement initiatives. (2) Results obtained from achieving the environmental improvement initiative objectives and tar.gets, if applicable. (3) An annual review of theEMS by the entity. (b) If the entity has not attained the objectives and targets associated with an environmentalimprovement initiative atthe time thethird annual summary is submitted, a member of senior management shall provide a description of thereason the objectives and targets have not been attained. (c) The annual summary shall be submitted to the department sixty (60) days after the annual anniversary of the datethe previous membership term began. (AirPollution ControlBoard; 326

### L4 

### C 25-1-1

### 4) Rule 2. Regulatory Flexibility for the Environmental StewardshipProgram, Comprehensive Local Environmental Action Network Community ChallengeProgram, and Incorporation by Reference of NEPT Incentives 326 IAC 25-2-1 Incorporation by reference of federal incentive for NEPT members Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15; IC 13-17 Sec. 1. The air pollution control board incorporates by reference the Performance Track provisions at40 CFR 63.2*, 40 CFR 63.10*, and 40 CFR 63.16". The incentives in these federal rules are only available to members of the NEPT program. *This body of documents is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Azr 

### Pollution Control Board, 326

### IAC 

### 25-2-1) 

### 326 IAC 25-2-2 Ten year permit renewals Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15-3-2; IC 13-17 

### Set. 2. (a) Notwithstanding 326 IAC 2-1.1-9.5 and 326 

### IAC 2-8-4(2) and in accordance with IC 13-15-3-2, a federally enforceable state operatingpermit (FESOP) for Page 15

### of 16Dm#05-232 ESPJCLEAN October 19,2006



### a member in 

## ESP or CLEAN may berenewed for a period of up ten (10) years, if approved by the co~nmissioner.

. 

### (b) Notwithstanding 326 IAC 2-1.1-9.5 and 326 IAC 2-6.1-7(a) and in accordance with IC 13-15-3-2, a minor state operating permit (MSOP) for a member in ESP or CLEAN may be renewed for a period of upten (10) years, if approved by the commissioner. (Air Pollution ControlBoard; 326 IAC 25-2-2) 326 IAC 25-2-3 Monthly compliance methods for volatile organic compound Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15-3-2; IC 13-17 Sec. 3. 

### (a) Notwithstanding 326 

### IAC 8-1-2(a)(7), the emission limitations specified in 326 IAC 8 can be achieved through monthly volume-weighted averaging of all coatings applied in a coating line or printing line subject to the requirements in 326 IAC 8-2 or 326 IAC 8-5-5. (b) Sufficient records must be maintained to demonstrate compliance with the applicable emission limitation on a monthly averagebasis. The records must be made available to the departmentupon request. (c) Records of monthly VOC emissions shall be maintained in: (1) pounds per month; or (2) tons per month. (d) If monthly records sufficient to determine an accurate monthly weighted average arenot available, each coating, ink, and solvent shall meet the requirements of the applicable section. (Air Pollution ControlBoard; 326IAC 25-2-3) 326 IAC 25-2-4 Pollution prevention projects Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12 Affected: IC 13-15-3-2; IC 13-17 Sec. 4. Notwithstanding 326 IAC 2-6.1-6(i)(l)(J) and 326 IAC 2-8-ll.l(f)(l)(J), any pollution prevention project, as defined in 326 IAC 2-1.1-1(14), that would otherwise be subject to significant permit revision procedures, and that does not result irr a net increase in potential emissions of more than the significance levels in 326 IAC 2-2-l(xx), may be processed as a minor permit revision as follows: (1) 

### For minor state operating permits, under 326 IAC 2-6.1-6(h). (2) For federally enforceable operatingpermits, under 326 IAC 2-8-ll.l(e). 

## (AirPollution Control Board; 

### 326IAC 25-2-4) 

### Page 16 

### of 16