ATTACHMENT - C 
IC 13-14-9 Notices - 

1 TITLE 326 AIR POLLUTION CONTROL tal improvement projects to create a solid program that yields 

BOARD environmental benefits. 

An environmental management system (EMS) is a system for 

SECOND NOTICE OF COMMENT PERIOD identifying, controlling, and monitoring activities that impact the 

LSA Document #05-232(APCB) environment. The system integrates environmental responsibilities into everyday business decision making leading to a OF NEW RULES THE proactive approach to environmental management rather than a AND reagtive one. All employees associated with those processes or COMPREHENSIVE responsibilities that could have environmental implications are ACTION NETWORK informed of the environmental aspects of the organization, 

PURPOSE OF NOTICE 

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. The Environmental Stewardship Program 

(ESP) and Comprehensive Local Environmental Action Network (CLEAN) are new Indiana prograins that offer recognition 

and incentives for companies and units of local government that 

consistently demonstrate environmental stewardship and strive 

for continual environmental improvement initiatives in Indiana'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 other provisions of Title 326 that may be affected by this rulemaking. 

HISTORY 

First Notice of Comment Period: September 1,2005, Indiana 

Register (28 IR 3665). 

Continuation of First Notice: April 1,2006, Indiana Register 

(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) for businesses, and 

the Comprehensive Local Environmental Action Network 

(CLEAN) for units of local government. Similar to 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. These programs focus on environmental outcomes such as reduced emissions, reduced waste, and 

lower discharges. Performance based leadership programs 

combine elements such as environmental management systems, 

a history of regulatory compliance, and continuous environmenpotential 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 

applicable legal requirements, and assist in continually improving environmental 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, implementation of an 

EMS is practical and useful for organizations of all types and 

sizes. 

Members of performance based leadership programs must be 

in compliance with regulatory requirements and must be able to 

demonstrate a history of compliance. Before an organization can 

work towards going beyond 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 would not be achieved by compliance 

with applicable requirements 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, reducing water usage, reducing 

energy usage, reducing the quantity of hazardous waste generated, and working with their local cornmunities'to identify and 

implement environmentally beneficial projects. 

Staff time 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 efforts to reduce environmental impacts identified in the member's EMS and environmental improvement 

projects. Some of the improvements made by the member 

included elimination of a toxic chemical from the manufacturing 

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.federa1 voluntary partnership program that recognizes and rewards companies that consistently exceed regulatory 

requirements, work closely with their communities, and excel in 

protecting the environment 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 consistency with the 

federal rule, however, it is only available to members of the 

federal NEPT program. 

Environmental Stewardship Program and Com~rehensive Local 

Environmental Action Network 

ESP and CLEAN are voluntary programs that recognize and 

reward entities.that consistently exceed regulatory requirements, 

work closely with their communities, 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 environmental management. 

CLEAN helps local government take 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 of the community's environmental 

issues above and beyond the baseline of regulatory compliance. 

The quality of life plan consists of four components: 

(1) mission statement; 

(2) environmental activities and goals; 

(3) implementation and operation procedures; and 

(4) monitoring and reviewing the plan's progress. 

The CLEAN Community Challenge is structured similarly to the 

ESP and has eligibility criteria at least as stringent as the ESP. 

IDEM is adding the CLEAN program to this rulemaking so that 

the programs can operate in tandem. 

To qualify for ESP and CLEAN, applicants must 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 improvement initiatives over the term 

of the membership. 

The ESP and CLEAN programs require members to submit an 

annual summary reporting on their progress toward their 

environmental improvement initiatives and verifying their EMS 

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 State Programs 

Though IDEM has worked towards and continues to 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 compliance and continuous 

environmental improvement. IDEM has reviewed and incorporated many elements from other state perfymance based 

programs and has also considered the nature of 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 decide to take that next proactive 

step to continuous improvement and are open to applicants 

just beginning this progressive approach to environmental 

management. IDEM feels that encouraging entities to 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 

provide the impetus for senior management to see the value in 

progressive environmental management. IDEM also hopes 

that the Indiana programs will motivate entities to work to 

achieve higher levels of environmental management. 

Future Environmental Achievements: NEPT applicants must 

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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IC 13-14-9 Notices - 

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 that many initiatives may take longer than 

one year to be attained and the implementation time 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 initiatives will lead to better progress towards the goals 

of the initiatives and increased resource allocation by the 

., member toward each initiative. 

Environmental Management System: The EMS requirements 

in the federal and state programs are very similar because they 

are based on the IS0 14001 basic elements. Both programs 

require an independent audit of the 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 EMS must complete one full 

cycle (plan-do-check-act). IDEM will require that members 

have an EMS developed and implemented (plan-do), and that 

the member demonstrates that the cycle continues via the 

annual summary mechanism. As indicated earlier, IDEM feels 

that by encouraging entities in the early stages of progressive 

environmental manageinent to become members, the program 

will encourage more entities to take that 'next step towards 

proactive environmental management and continuous environmental improvement and provide impetus for senior management to see the value of the environmental management 

system. 

Communitv Outreach: The NEPT program identifies 

community outreach as a separate component ofthe membership eligibility criteria. The NEPT community outreach 

component requires identifying and responding to community 

concerns, informing the community of important matters that 

affect it, and reporting on the facility's EMS and performance 

commitments. IDEM feels that these are appropriate community 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 component of the program. 

Incentives 

Incentives are an integral part of environmental performance 

based leadership programs. 

The decision to join a performance based leadership program 

will be a business decision for Indiana entities. These incentives 

offer business value and provide the opportunity to shift limited 

environmental management resources from certain environmental respo.nsibilities to the entity's EMS and continuous environmental improvement identification and implementation activities. During the program development process, 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 anticipates using 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 

created by the ESP and CLEAN programs will be the capacity 

to recognize Indiapa entities that are taking a proactive 

approach to their environmental management responsibilities 

and attaining continuous environmental improvements. Ways 

in which members may receive recognition for their commitment include public recognition via a press release made 

available to local media outlets, IDEM attendance at an onsite membership announcement, a plaque or framed certificate, use of the ESP program logo in promotional and 

marketing efforts, recognition at the annual Pollution Prevention 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 always be searching for new ideas. Networking opportunities can provide a forum for problem 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 

such as ESP and CLEAN is the ideaof creating administrative 

and regulatory changes to encourage exceptional compliance 

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 of detailed 

regulatory oversight as entities without these systems in place 

and a history of noncompliance. Therefore, in an effort to 

reduce regulatory transaction costs and regulatory uncertainty 

for members, the ESP will offer regulatory flexibility opportunities. Some of the regulatory incentives may 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 source Operating permit (MSOP) 

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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), 

discharge monitoring reports (DMRs), and monthly reports of 

operation (MROs), one day 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 oversight and 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 the programs. IDEM has chosen to pursue a rulemaking 

pertaining to each of the regulatory programs (air, water, and 

solid and hazardous waste) to establish these programs 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 persons to whom the draft rule applies that is not 

imposed under federal law. There is no requirement imposed 

under this rule because it is a voluntary program. 

Potential Fiscal Impact 

Because this rule is for a voluntary program, there will be no 

requirements with a fiscal impact. However, members taking 

advantage of the program could see reduced costs from some of 

the potential incentives. For example, the implementation oftenyear permit renewals under 326 IAC 25-2-2 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 of this program. No workgroup is planned for 

this rulemaking. If you feel that a workgroup or other informal 

discussion on the rule is appropriate, please contact Karen 

Teliha, Office ofPollution Prevention and Technical Assistance, 

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 adopt the program in rules 

where necessary; but believe timely implementation is most 

important to gain the benefits anticipated from 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 being made in d'raffing these rules. Legislation granting IDEM 

authority to develop such a program has been enacted. IDEM . 

will begin to accept,members into the program providing those 

benefits that are not dependent on rule revisions, but are based 

on IDEM policy and procedures. Upon completion of this 

rulemaking, the regulatory flexibility incentives will be available 

to members. Depending on the nature'of futiirk revisions and 

additions to the program, rulemaking may 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 

reciprocity for the federal and state programs so that they will be 

linked and eliminate duplicate application submissions. 

(INCMA) 

Response. IDEM's eligibility standards will be closely aligned 

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 desiring to take the next 

step with respect to their environmental responsibilities with the 

motivation and foundation to take that step. 

The federal program requires a full one-year EMS cycle to be 

completed before allowing membership. 1DEM.aims to encourage Indiana entities to 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 of the rule and suggestions for the development ofdraft the time of application or renewal. IDEM anticipates requiring rule language. IDEM also requested public ~~fm-nent from April members to identify three environmental improvement initial, 2006, through May 1, 2006, On the addition of the CLEAN tives over the three year membership term. In order to coordiprogram to the IDEM received comments the nate with the business planning cycle and with the environmenfollowing parties by the comment period deadline: tal management system cycle of identification and prioritization Barnes and Thornburg (BT) 

Indiana Register, Volume 29, Number 9, June 1, 2006 

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IC 13-14-9 Notices - 

of objectives and targets, members of ESP will be asked to 

identify one initiative each year of membership. The basic 

environmental management system criteria are similar between 

the state and federal programs since both follow the plan - do - check - act model. 

Since the programs likely will not be exactly the same, 

membership will not be completely reciprocal. Entities desiring 

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 membership in the federal program using 

the online federal application submittal process, that applicant 

will be able to check that they are also interested in applying for 

the state program. Applicants applying for the state program at 

the same time they are applying for the federal program may be 

asked a few additional questions on their online federal application. Entities desiring membership in both programs that do not 

yet meet the federal requirements (for example they are not 

through a complete EMS cycle or do not yet have documentation of two past environmental achievements), may apply to the 

state program 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 state only membership may 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 since its inception, but has not seen 

any significant advantages to participating since many of the 

flexibility provisions touted by EPA have not been supported by 

IDEM. For example, current IDEM policy regarding the Title V 

permit program specifies quarterly compliance reporting, which 

prevents us from taking advantage of federal rules promulgated 

for national PerforrnanceTracksubscribers requiringonly 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 must result in a higher level of environmental 

performance. We have many examples of where we can achieve 

this if certain rules provided more flexibility. (ELC) 

Response: IDEM believes the state performance program will 

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 incentives will 

only be available to members of the National Environmental 

Performance Track Program. In order to take advantage of this 

benefit, entities would have to apply to and be granted membership in the federal program. IDEM is currently in the process of 

incorporating the federal incentives into the state rules so that 

members of the federal program in Indiana may take advantage 

of them. Once the incentive is fully incorporated into the state 

rules, federal program members may request to take advantage 

of the incentive. 

Comment: We encourage IDEM to make the program entry 

compliance requirements flexible 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 suggested would not reflect 100% compliance 100% of the 

time. Few would meet that standard given paperwork issues, etc. 

that have no reflection on substantive compliance and environmental protection. (INCMA) 

Comment: Will this program only apply to sources that 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 federal NEPT 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 to maintain a high standard ofcompliance for membership 

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 facilities with very few employees (typically three) at 

each facility to enter the program as a company instead of each 

individual facility would open up the program to more industries 

in the State of Indiana. Milestone with 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 organization types are 

structured such that membership on a location by location basis 

may be prohibitive of participation. Therefore, IDEM is 

considering a membership option for organizations meeting 

certain criteria. Each location must meet the applicability criteria 

individually and as a group. This includes the requirement to 

identify environmental 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 environmental improvement. 

Comment: We applaud IDEM for pursuing a Performance 

Track Program for Indiana businesses. We ask that IDEM 

please consider agricultural operations for 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 demonstrate a commitment to continuous improvement. Many of the same benefits that would be attractive to 

manufacturing concerns would be welcomed by livestock 

producers who would choose to participate on avoluntary basis. 

(IFB) 

Response: The program will be open to all Indiana entities. It 

is our belief that the current draft list of regulatory flexibility 

and incentives afforded to program members does have applicability and value to the agricultural community. 

Comment: We support a variety of incentives that recognize 

different companies value different incentives. 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 significant interest. 

Comment: The Environmental Performance Track Program 

should evaluate the benefits of other unique programs and 

propose such incentives as: 

1. Flexibility when permitting new technologies and monitoring 

systems. 

2. EMS based permits. 

Both of the above programs 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 sufficient business value to those interested in becoming 

members. Permit flexibility and alternative compliance monitoring requirements are currently included in the proposed incentives list. IDEM is willing to further discuss EMS-based permits, 

although, such a permitting approach has not been discussed in 

the context of this program. IDEM is aware of EPA's efforts to 

explore EMS-based permitting and will continue to stay abreast 

of developments. Should EMS-based permitting be proven 

successful in those efforts, IDEM would likely look to members 

of the state performance based program for piloting an EMSbased permit here in Indiana. 

REQUEST FOR PUBLIC COMMENTS 

This notice requests the submission of comments on the draft 

rule language, including suggestions for specific revisions to 

language to be contained in the draft rule. Mailed comments 

should be addressed to: 

#05-232(APCB) ESP and CLEAN Programs 

Christine Pedersen Mail Code 6 1-50 

c/o Administrative Assistant 

Rules Development Section 

Office of Air Quality 

Indiana Department of Environmental Management 

100 North Senate Avenue 

Indianapolis, Indiana 46204. 

Hand delivered comments will be accepted by the receptionist 

on duty at the tenth floor reception desk, Office of Air Quality, 

100 North Senate Avenue, Indianapolis, Indiana. 

Comments may be submitted by facsimile at the IDEM fax 

number: (3 17) 233-2342, Monday through Friday, 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 

Comments must 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 information regarding this rulemaking 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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IC 13-14-9 Notices - I 

Sec. 1. (a) The Indiana Environmental Stewardship 

Program and Comprehensive Local Environmental Action 

Network Community Challenge Program are voluntary 

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 improvement. In accordance, with Public 

Law 100-2006, an entity is not required to comply with this 

rule and 326 IAC 25-2 except as a provision of 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 membersiip by complying with this rule and 

326 IAC 25-2. 

(Air Pollution Control Board; 326 IAC 25-1-1) 

326 IAC 25-1-2 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", 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 state program 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 

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. 

(8) "Environmental objective" means an environmental 

goal that is consistent with the environmental policy of an 

entity. 

(9) "Environmental policy" means the overall commitment 

and direction of an entity related to environmental 

performance as formally expressed by senior management. 

(10) "Environmental Stewardship Progrqm" or "ESP" 

means the voluntary state program for entities in Indiana 

that: 

(A) demonstrate environmental stewardship; and 

(B) strive for 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 the entity 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 or sole 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 

States Environmental Protection Agency or the administrator's designee. 

(Air Pollution Control Board; 326 IAC 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 opento entities located and operating in Indignathat'fneet 

the following criteria: 

(1) The standard of environmental compliance as described in section 10 of 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 12 of this rule. 

Indiana Register, Volume 29, Number 9, June 1, 2006 

3115 
(Air Pollution Control Board; 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) 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. 

(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 are true 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) A membership for an entity shall be limited to cover 

one (1) geographic location under a single EMS, except that 

an entity may apply for membership as a group of locations 

if the following criteria are met: 

(1) Each location must meet the applicability 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. 

(3) The EMS must address staff and activities at each 

location. 

(4) Senior management 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 CLEAN applic'ants, at least 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) 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 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 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 date to the renewal date based on submittal of 

an renewal application by April 1 of the third year. 

(c) For CLEAN members, the department may extend the 

term fo;up to ninety (90) days to accommodate submittal of 

the third annual report, at which time CLEAN members 

may seek to renew membership in the program. (Air Pollution Control Board; 326 IAC 25-1-51 

activity. 

(6) The standards of environmental compliance in section 326 IAC 25-1-6 Renewal of ESP membership 

10 of this rule shall apply to 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) 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 initiaSec. 6. (a) To renew ESP membership, 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 or hard yopy, provided 

by the department; or 

(B) an equivalent form. 

(2) For renewal applications for both ESP and NEPT, 

Indiana Register, Volume 29, 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 indicating the intension to renew ......... membership; 

EPA. and . 

(3) The preferred method of submission for both pro- (3) including five (5) objectives, targets, and action plans 

grams is electronic. for the nexttthree (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 are true 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. 

(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 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 renewal application (c) The department shall review the annual summaries 

and the annual summaries submitted during the most recent 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. The review of 

the same procedures as the review for the initial 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 general site visit by a 

shall not be required. representative of the department shall not be required. 

(d) The commissioner 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 of the annual summaries submitted during the 

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 the next 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 

@) 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- 1-6) 

326 IAC 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 the third annual summary 

of the previous membership term: 

(1) to the department within sixty (60) days after the third 

annual anniversary of the date the 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 11 of this rule. 

(2) Review of the annual summaries 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 the next 

three (3) year term of membership. 

(4) Compliance audits conducted by: 

(A) the department; 

(B) the U.S. EPA; 

(C) other state offices; 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 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. (Air 

Pollufion Control Board; 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 10 of this rule. 

Indiana Register, Volume 29, Number 9, June I, 2006 

3117 
IC 13-14-9 Notices 

(2) The requirement 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 

(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 requirements, as 

applicable. 

(2) Federal, state, or local environmental laws and regulations. 

(3) The requirement to meet other appropriate standards 

as determined by the commissioner based upon the 

following: 

(A) Compliance information obtained from department 

staff. 

(B) Verifiable, applicable information received from 

sources determined to be relevant by the commissioner. 

(c) If the commissioner determines that a situation may 

warrant revocation of membership, the following applies: 

(1) The commissioner shall notify the entity in writing: 

(A) of any potential deficiencies found; and 

(B) that the commissioner is considering removing the 

entity from the program. 

(2) The notice 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 the potential deficiencies; and 

(C) provide the en3ity with thirty (30) days to respond. 

(3) Within thirty (30) days after the end of the time period 

provided to the 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; 

326 IAC 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 intoESP or CLEAN, a member 

of senior management of the-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) review the 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 or not an entity has achieved substantial 

environmental compliance. 

(c) The following criteria shall prevent acceptance of an 

entity into the ESP or CLEAN: 

(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 at the 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 or prosecution of the 

entity, or an officer or employee of the entity, for a 

violation of environmental law. 

(2) Three (3) or more significant violations at the entity in 

the past three (3) years. 

(3) Unresolved or unaddressed significant noncompli'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 at the 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, Volume 29, 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 for ESP and CLEAN 

must, at a minimum, include the following: 

(1) Evidence of senior management support, commitment, 

and approval. 

(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. 

(5) Prioritization of the environmental aspects and a 

determination of those aspects deemed significant considering, at the minimum, environmental impacts and 

applicable laws and regulations. 

(6) Established priorities and environmental objectives 

and targets for the following: 

(A) Continuous improvement in environmental performance. 

(B) Ensuring compliance with applicable environmental 

laws, regulations, and permit conditions. 

(7) An established community outreach mechanism that 

includes the followisg: 

(A) Identifying and responding to community concerns. 

(B) Informing the community of important matters that 

affect the community. 

(C) Reporting on the EMS, including, at a minimum, 

reporting to the public on the environmental 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 and pollution 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, EMS maintenance, and taking corrective action. 

(B) Ensuring compliancewith applicable environmental 

laws, regulations, and permit conditions. 

(10) Documentation of the implementation procedures and 

the results of implementatioh. 

(1 1) Appropriate written EMS procedures. 

(12) An annual evaluation oftheEMS with written results 

provided to senior management and affected employees. 

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 

EMS has not been: 

(1) audited by an independent party; or 

(2) registered pursuant to a recognized certification 

standard. 

(Air Pollution Control Board; 326 IAC 25-1-1 1) 

326 IAC 25-1-12 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 

identify three (3) continuous environmental improvement 

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 at the 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 environmental improvement initiatives; and 

(2) submit an annual summary in accordance with section 

13 or 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 p611ution preventibn 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: 

(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, Volume 29, 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 of the initiatives identified with the 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 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 and targets, if applicable. 

(3) An annual review of the EMS by the entity: 

(b) If the entity has not attained the objectives and targets 

associated with an environmental improvement initiative, a 

member of senior management shall provide 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) The annual summary shall be submitted to the department sixty (60) days after the annual anniversary of the date 

the previous membership term began. (Air Pollution 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 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 copyingat the Indiana 

(c) Each annual summary must include identification of Department of Environmental Management, Office of Air 

the environmental improvement initiative for the next year, Quality, Indiana Government Center-North, Tenth Floor, 

unless the entity is terminating membership in ESP. 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air 

Pollufion Control Board; 326 IAC 25-2-1) 

(d) The annual summary shall: 

(1) cover the twelve (12) month calendar year; 

(2) be submitted to the department for each year by April 

1 of 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 constitute an 

equivalent submission. (Air Pollution ControlBoard; 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; 1C 13-17 

Sec. 14. (a) Entities accepted into CLEAN 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 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) If the entity has not attained the objectives and targets 

associated with an environmental 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) Notwithstanding326 IAC2-1.1-9.5 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 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 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 

Indiana Register, Volume 29, Number 9, June 1, 2006 

3120 
IC 13-14-9 Notices - 

compliance with the applicable emission limitation on a PURPOSE OF NOTICE 

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 through 327 IAC 5-21 concerning pretreatment 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 sufficient to determine an accurate 

monthly weighted average are not available, each coating, 

ink, and solvent shall meet the requirements of the applicable section. (Air Pollution Control Board; 326 IAC 25-2-3) 

Notice of First MeetingIHearing 

Under IC 4-22-2-24, IC 13-14-8-6, and IC 13-14-9, notice is 

hereby given that on October 4, 2006, at I. OOp.m., at the Indiana 

Government Center-South, 402 West Warhington Street, Conference Center Room A, the Air Pollution Control Board will hold a 

public hearing on a new article at 326 L4C 25. 

The purpose of this hearing is to receive comments from the 

public prior to preliminary adoption of these rules by the board. 

All interestedpersons are invited and will be given reasonable 

opportunity to express their views concerning theproposednew 

article. Oral statements wiN be heard, but, for the accuracy of 

the record, all comments should be submitted in writing. 

Additional information regarding thisaction may be obtained 

from Christine Pedersen, Rules Development Section, 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 Indiana Department of Environmental htanagement, Americans with Disabilities Act coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

I00 North Senate Avenue 

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 on file at the OfJice of Air 

Quality, Indiana Department of Environmental Management, 

Indiana Government Center-North, 100 North Senate Avenue, 

Tenth Floor East and Legislative Services Agency, One North 

Capitol, Suite 325, Indianapolis, Indiana and are open for 

public inspection. 

TITLE 327 WATER POLLUTION CONTROL 

BOARD 

FIRST NOTICE OF COMMENT PERIOD 

LSA Document #06-156(WPCB) 

CITATIONS AFFECTED: 327 IAC 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 

oversight of, industrial users (IUs) who introduce pollutants into 

publicly owned treatment works (POTWs). This proposed rule 

includes changes to certain program requirements to'be consistent with national pollutant discharge elimination system 

(NPDES) requirements for direct dischargers to surface waters. 

This action will reduce the regulatory burden on IUs and state 

and POTW control 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 the Rulemaking 

This rulemaking incorporates by reference 40 CFR 437, an 

updated federal categorical pretreatment standard. 

1. Required: This required change provides an updated 

reference relating to the centralized waste treatment point source 

category. 

Potential Fiscal Impact of Alternative 1. There is no anticipated state fiscal impact to this rule as this is a requirement from 

federal regulations. 

EPA has identified thirteen (13) required rule changes that are 

more stringent than the previous federal requirements in 40 CFR 

Part 403 and therefore are considered required modifications for 

the state and/or the POTW, and fourteen (14) optional provisions that are generally less stringent than current requirements 

to be considered for state adoption. 

2. Required: This required change provides updated references relating to requirements that POTWs must meet to adjust 

removal credits for combined sewer overflows (CSOs). 

Potential Fiscal Impact of Alternative 2. There is no anticipated state fiscal impact to this rule as this is a requirement from 

federal regulations. 

3. Required: Applicable slug control requirements must be 

included in the significant industrial user's (SIU's) control 

mechanism. 

Potential Fiscal Impact of Alternative 3, There is no anticioF~AMENDMENTS RULES 'ON- patedst'ate fiscal impact to ihii rulk asthis is a requiremerit from 

CERNING PRETREATMENT STREAMLINING federal regulations. 

Indiana Register, Volume 29, Number 9, June 1, 2006 

3121 
ATTACHMENT - D 
Form Prescribed by State Board of Accounts 

h ?,...,.~ 

General Form No. 99P (Revised 1987) 

Ind Dept of Environmental Dev X~~~S@.AL&~TWURIERIPRESS Dr. 

(Government Unit) 

7nnL PFD ' 

the lndiana Air Pollution Control Board (board) wiii hold public 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 proposed action. Copies of the draft ordroposed rules are available to any person upon reyt and are available for public inspection at the following locaBody - number of lines 

Tail -- number of lines 

Total number of lines in 

Q. aB[.. UeS, EVANSVILLE IN 47702 

I"i 

nl 

!hich shall total more than 

is set) -- . . . . . . . . 262 

...... ... , . . . . . . . . 262 

. . . . . . . . indiana Departrnent of Environmental Management Office of Air Quality, indiana Governmenl Center-North, 100 North kenate Avenue, 

10th floor-East #hg. Indianapolis, lndiana 46204. 

Legislative Services Agency, One North Capitol Avenue. Suite 325, 

Indianapolis, lndiana 46204. lndiana Departrnent of Environmental Management, Northwest Office, 

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 

131 line 

at - 

Additional charge for no2 

(50 ~ercent of above amr 

Charge for extra proofs o 

in excess of two) 

TO 

DATA FOR COMPUTIN( 

/ Glendale Public Libraw. 6101 North Kevstonn , - - - Avenlln - - ., Inrliannnnlis -, - - , --, 1 

lndlana 46220 Hammond Pubilc Llbrary 564 State Street Hammond lndlana 46320. I 262 lines 

Allen County Pubilc hb&ry, 900 ~ebsterktreet, hriwayne, lndlana . . . . . . . . . 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 

Department of Env~ronmentai Management=s Web site as earlv as one I . . . . . . . week prior to the meeting . at httpJ/www.in gov/idem/rulegpackeWlndex.htmi#air. Environmental Stewardsh~p Program. The purpose ofthis hearing is to receive public comment on new rules at 326 IAC 25 that are DroDosed 

. . for preliminary adoption by the board. The drafi rule that is the sublect of this hearin0 would 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 lncoiooration bv Reference of NEPT Incentives. 

' 

Wit 

N~~ 

S~Z 

I . . 

I hereby certify thl ' ' llaimed is legally !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) has devel- oped draft rule language fora new article at 326 iAC 25 Eoncernlng two voluntary performance-based leadership programs. The Environmental Stewardship Program (ESP) and Comprehensive Local Envlronmental Action Network (CLEAN) are new lndiana programs that offer recognition and incentives for companies and units of local gov- emment that consistently demonstrate environmental stewardship and strive for continual environmental Improvement initiatives In 

Pursuant to be provision 

-, 326 ~AC 7-4-2 thaiare proposed ior final adoption by the board. The proposed rule that is the subject of this hearlng wouid amend 326 

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 

IndlanPs environmental programs. For additional information contact Christine Pedersen at the lndiana Department of Environmental Management, Office of ~ir Quality, Room 

1003, indiana Government Center North, 100 North Senate Avenue, 

lndianapoils or call 13171 233-6868 or 18001 45106027 lea. 3-68681 

For add~t~onal lnformat~on contact Susan Bem at the lndlana I Department ol Envlronmental Management, Office of Alr 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 

31d1~ rece~ve -- - public comment on amenoments to 326 IAC 4-1-3 that are 

. - VAI proposed for final adoption by the hard. The propgsed rule that is the subject of this hearing wouid amend 326 

IAC 4-1.: to provide that in addition lo clean oetroleum oroducts. nat- 

.....- ... "." ..-,. Far each hearing oral statements wlii be heard, but for the accuracy of September 8, 2006 the record, please submit statements in writing to the attendant des- ianated to receive written comments at the oublic hearina 

Pels 

Kylie Howard who, 

newspaper of general drcula 

county aforesaid, and that the 

4 timd 

A banscript of the hearing and all wrrtten submissions toihe board at 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 payment of reproduction costs.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 unincorporated area, is exempt 

from the prohibition against open burning. For additionai information contact Suzanne Whitrner at the lndiana Department of Environmental Management. Office of Air Quality, Rwm 1003, lndiana Government Center North. 100 North Senate Avenue, 

Indianapolis or call (31 7) 232-8229 or (800) 451 -6027 (ext2-8229) (in lnrllanal 

due, after 

Kathryn A Watson Branch Chief 

ty and state, the undersigned 

My commission egires : 

'Payroll Clerk of Lhe Evansville Courier & Press 

town) of EVANSVILLE in 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 Disabilities Act coordinator at 

lndiana Department of Environmental Management 100 N. Senate Avenue 

published in said paper for 

Indianapolis. IN 46204 

orcall (317) 232-3077. Speech and hearing impaired callers may con- tact the agency via the lndiana Relay Service at 1-800-743-3333. Please provide a minimum of 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 

Clark County, Jeffersonvllle, IN 47 130 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 

FEDERAL ID# 

55-0870768 

155, acts 1953, 

ount claimed is legally due, after 

. . 

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

. . . ,. '. 1 . ,/.. , : ' . ..... ..: . . 

. : PUBLISHER'S AFFIDAVIT. . : , . State of Ihdiana ) ..... .,:i 

) ss: . . - . 

.: . ? 

, .Crvk County : ). . 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 public U. - 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,Evedng News .:, , ;. 

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 prior to 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 ~dtion Network 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 Regulstory Flexibility for the of Air Quality, Room 1003, I 

! Environmental Stewardship. lndiana Government Center 

i program Comprehensive North. 100 North Senate i Local ~ivironmental Acllon Avenue, Indianapolis or 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 IS clerk 

of the 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 at the 

Indstana Department of Envlr~nmehtel Management @- flee of A~~ Quallty Room i003, IEV I 88 My comm~ssron explres Indiana ~overnhent Center 

~~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 fie purpose ot th15 hearm9 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 

adoption by theboard 16 49 EMS / 250 - 06596 SQUARES PUBLISHED 3 TIMES= 679 

06596 SQUARES x $5 14 - 339 CENTS PER LINE PUBLISHED 4 TIMES= 848 
TO: 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~anapoils lndlana 46204- 

liiqep?. Oepa?&ent,.of ~nv~onmental Management. 

Nnrthwest Off~ce. Sulle 1 8315 Wnla- Stlee!.- tra proofs of 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 

rule or tab work 

l .OO for each proof in excess of two) 

IDEM FISCAL /ACCOUNTING 

200b SEP 25 A il: 05 

. 1&iapa ~e~?r!menl of Environmental-Mina ement 

.s~uthwest office 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. 

, le column 12.5 elns 

: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 of Chapter 155, Acts 1953 ..~ , .:. @&bari documits ma 'be-'vjeied- drd: dpwnloaded #": the, IndDna fjebartineqt of . Envlroq entql 

, anagament=byeb $,te a$ 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 been paid, and that the printed matter a t t a c h e d h e r e t o is a true copy, which was /.. . ..,~. . .-. . . I in said paper for 1 time(s), the date of publication being as follows: 

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 September 2006 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 . 

.Office 

)n3ibna.Deparfmpnt bl Air Quality..pwm of Env~ranmental. -1003. lnd~ana Maria hi,": ement, 

Anne M Perkins V ,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 15 Ihe,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, ~f the 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 Environmental Manage- ment. Office owir Qualit . Rwm 1003. Indiana Gw ernmenl Center North. I& Nb-rlh Senate3Avenue. lo- -dianapol~s.a call 13171 232-8229 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 Deparlmenl al Env~ronmenlal Managemenl 100 N Senate Avenue Ind~anapol~s. IN 46204 

:wcaii 1317) 232-3077. Speech and hearlng Im- ' aired callers may conlac1 the a enc via the lndlana elay Service at 1-800-743-3353. please provide a '$inirnum of 72 hours "?tiffcation: . . . . 9-15 505928 
Form Prescribed by State Board of Accounts General firm No. 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=sWeb site as early as on0 week pdor to the meeting at http://www.in.gov/1dem/ru1es/pack- 1s per line ............ ets/inde~html#alr. I 

Form Prescribed by State Board of Accounts General Form No. 99P (Revised 1987) 

IIIEM FISCALIACM)UN'IINI; 

Ind Dept of Environmental XH6 To: EVANSVILLE COURIEFUPRESS Dr. 

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

I Envlronmenfal Stewardship Program. The purpose of th s neanng eto receive publlc comment on new rules lar work at 326 NC 25 that are proposed for final adopt~on by the board. me omo'ased rule that Is the sublect of this heanns would add new rules 326 IAC 25-1, I 

- 

. 

. 

Envlmnmenlal Stewirc6hlp Progr;im and Compreheiisive Local EnfionmentalAction Network Community Challenge. pqgram and 326,lAC 25-2 Regulatory Flbxibllity for the Envlronniental Stewardshla Program .Comprehens~.Local~EovI'p~mental &tion Network Conimunity Challenge Proglm, ind Incorporation b; Reforentie YNWr Incentives. 

mentafEnvim~imental Manaoement IIDEMl has develooed rule language for a new article at mrarns. The Envimnmendal 1 

~lendale'Public Lib& 6101 North Keystone-Avenue, Indianapolis, Indiana 46220. 

HamrnondPubliC'Library, 564 State Street, Hammbnd, lndlana 46320. 

Allen County Public Library 9OO.Webster Street' Fort Wayne lndiana 46802.' 

Evansville Vanderburgh Cointy Public Library, i2.S~ 5th %Let, Evansvilfe,indiana 47708. 

Legal Notlce of Public Hearings 

Under 4WCFR 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 regularly scheduled meeting on Wednesday February 7 2007. The 

meeting will convene.at 1:00 16 at the lnd~ana Government Center-Saulh Confeience Room A 402 West 

WaShln@on Street.~ndianapolc Jridlina. The'purpose of the hearingsis to ieceive.public comment prior to 

the pmpwed actidn.~~ hteresied persons are invited and wiU be given reasonable opportunltyto express 

their vlews concerning a proposed action. ' 

Copies.ofthe proposed rules are avajlable to any person upon request and are available for public inspection at the following locafions: 

Indiana Department of $vironmental knagement, Office of Air Quality, Indiana ~over"menb~enter:~orth, 

100 North Senate Avenue, 10th floor-East wing, Indianapolis, lndiana 46204. Le lslative Services Agency One North Capitol Avenue. Suie 325 Indianapolis Indiana 46204. 

lnriani Departmerd pf'~&ironmen~l ~ana~ement,'~orthwesi Office, ~uiie 1, 8315 Virginia Street, 

Merrillville. lndiana 46410-9201. . Indiana Deparfment of Environmental~anage~ent, Northern Office, Suite 200,220 W. Coifax, South Bend, 

lndlana 46601. 

lndlana Department of Environmental Management, ~outhwest Office. 1120 NorthVincennes Auenue, P.&' 

Eox'l28 Petersburg lndiana 475674128.. 

.... Wed U lnilYn8s environmenta1.programsSS . . 

For additional inforinatloli Contact Christine .F!edersLn at the lridl.&a De ahent .of Environmental 

Management Onice of Air (luality,Room 1003, !ndiana.~ovemment center ~~rti, 100 NorthSenate Avenue, 

lndlanapplls or call Pt7) 233-6868pr (800) 45186027 [ext. 3-6868) In lndlana. ,. I I nn 

P. 0. BOX 268, EVANSVILLE IN 47702 

OUNTY , Indiana 

t no1 exceed two actual lines, neither of which shall total more than 

le in which the body of the advertisement is set) - 

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

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

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

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

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

I ' .I ..? . 

~~lclpal~aste~mbusto~.Rule. me urpdseofthis hearlng isto receive public comment on amendments 

tb 326 NC $1-7 mat are~proposed for &iii edoptlon by the board. . , :. lha amoosed~rule that is the subiect of this hearino would amend 326 IAC 11-7 to incoroo- I 

2006 Annual Update ta the Referencesto the Code of Federal Regulations. The purpose of tnls hearlng IS to receive public comment oil amendments to 346 IAC 1-1 -3 that are proposed tor final ad lion by the board 

The pmpo$ed rule that Is the subject of this hearing would amend 326% 1-1-3 to mean the edion of the Cude of federal Regulations (CFR In effect on June 30 2906. lhe pramcal effect of thls 

lulemaklng Is to u date all references to Me CFR lnhue 326 of the Indiaia Adm~nlsbative Code to mean the 

June 30 2006 edkon of theCFR thus updating existlng federal rules that have been Incorporated by refer. ence in& slate'rules, with the exiepeptlonof those rules that are Incorporated by reference and specltled by a datacertain Additionally redundant Federal Reglster citahons thfollgh out TiUe 326 are belng deleted. 

For additional illformaUoli contact Patncla Troth at the lndiana Department 61 Environmental Management. 

Mce of Air Ouality, Room 1003, lndiana Government Center North. 100 North Senate Avenue. lndlanapolls or call (31 7) 233-5681 qr (800) 451 6027 (eai 3-3568) (~n Ind~ana). 

f rate amendmenk to'kiehl air emission standards for exlstino minicloal waste combustors IMWCI. IDEM I 

' 1 

6 point 

Acts 

and that Ihe 'Iaimed is legally due, 

a has been pa~d. 

399 lines 

$223.84 

Is proposing toadbpt the+saq~e emlsslon IlmB that are in thi federaiemlsslon gu~delines, the pairtlculate matter cadmlum lead anb mercury llmlts will be updated to be consistent wlth current federal llmlts IDEM 

Is als<prbposlng'to repsal the compllance schedule for Me odglnal emisslonslimits since the ravlsed ems. slons Umits will ba effecbve upon the effective date of thls rulemalung 

For addlhon lnformabon contact Susan Bem at the lnd~ana Department of Env~ronmenlal 

Management DMce of Air Qualify Room 1003 lndrana Government Center North, 100 North Senate Avenue 

Indlanaoolls dr call (3171 233-5687 or (800) 451-6027 fext3-5697) (In fndlanal 

PUBLISHER'S AFFIDAVIT - 

Title: 

after 

- 

The proposed rule that 1s the subject of thls hearing would amend 326 IAC 13-1.1 to comply VVIM iC 13-17- Irnn vo~ds lndiana's mspection and maintenance rule for Clark and Floyd CountJes after Omember 3.1 

. . ... 

Mher &lid W& Incinerator Rule, The urpose of thls hea"ng is to receive public comment on new rule 

326 FC 1119 that ls proposed for final aioption by the bow. 

The'propose rule that Is the subjeit of.this hearing would inc0rpOrate emission require- .me& tor existing other soll! waste Incinerator (OSWI) unib. OSWl units are very small municipal waste combustion units and Institutional waste inciner?dlon units. This rule will providethe legal mechanism to 

implementthe emisslon guidelines for existing unik and will be part of the state plantthat IDEM will submit to U.S. EPAfor approval-as requlred bySect1ons lll(d) and 129 ofthe Clean AirAct. 

For.adkti?n Information contact Susan Bem at the.lndiana.Department of Environmentai 

Manaaement, Office-of Alr RuBlity, Room 1003, lndiana Governmen; Ceriter North, 10?~$;9;~t~,4ven~e, 

I LUUO. 

For additional information contact Christine Pedersen at the lnd~ana Department of Environmental 

Subscribed and sworn lo before me this Management. Office oi Alr Quality. Room 1003, Indiana Governherit Cenler North. 100 North Senate Avenue, 

Indianapolis or call (317) 233-6868 or (800) 451-6027 (eai.3-6868) (in Indiana). I 

IUNTY 

elore me, a notary public in and for said county and state, the undersigned 

.says that she is Legal Accounting Clerk of the Evansville Courier & Press 

the English languagen the (city) (town) of EVANSV~LLEI~ state and 

I lnbianipolis or.call(317),233-5697 or (800):451-6027 (ext.3-5697j (in Indiana). Ellmination of Vehide Inspection and.Malntenance Requirements in Clark and.Floyd Counties. The purpose 

I Far each hearing oral statements will be heard, but forthe accuracy ofthe rewrd, please submit sltements 

NOTARY RESIDEN inwriting to the attendant designatedto receive witten comments at the public hearing. I 

I r of 9is.hearing is to receive public comme$ on.amindments to 326 IAC 13-i.1- Mat are proposed for 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 pub1 c lnspectlon al Ihe ind~ana Department of Env~ronmental Management and coples may be dade avall- - able to any penon upon payment of reproduchon costs. Any person heard or represented at the heanng or I I requesting notice shall be given written notice of the action ofthe board. I I Kathryn A. Watson 

Branch Chief , ntficp .................. nf Air Otlalilv 

Individuals requ~ring reasonable accommodations for par,ljcipation in this event should contact the lndiana 

Deoartmem of Environmem Management, Americans WIUI Disab~liUes Ad coordinator at 

I Attn ADA Coordinator 

lnd~ana Department of Environmental Management 

100 N Senate Avenue 

Ind~anapol~s, IN 46204 1 

I or call (317) 232-3077 Speech and heanng impaired callers may contact the agency sa the lnd~ana Relay 

Sennce at 1.800-743-3333 Please prov~& a rnin~mum of 72 hours= nobficabon 

(Couner & Press Oecember 28,2006) , I 
The Evenin News 

221 Spring %t. P.O. Boa 867 

Jeffersonvllle, IN 47 130 

, weq~c NO~= ~OP9bnc 

Hearings I -. lnflpr . - - . 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 meetlng wlll 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 are vnvlted and Wlll 

be gwen reasonable opportunity to express thelr vlews 

concemlng a proposed actlon Cbo~es of 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~rtinmental Management, 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 Environmental Action 

Network Community Challenge Program, and Incorpoatipn by Reference of 

NEPT incentives lndlana 

Depament of EnvlronmeP- ernlssions llmlts slnce the 

tal Management (IDEM) revised em~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 concemlng two For add~t~on information 

voluntary pertovance- coitact Susan Bern at the s, neither of which shall 

based leadership 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 (ex1 3'- nalor hdtanq Ddpanment 

panres and unlts of local 5697) fin Indiana) dher af Envimnmenlal Mbnagegovernment that 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~ectf and 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 Please p~o~ide a 

hearing would Incorporate minimum ai 72 how mhfl s 95 L Jan 7 work ,2q 

emlsslon requ~rements for 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~sm tq !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 (he editv~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 $18 439-5691 pr (BOO) ioing account is just and correct, that the amount clzumed is legally due, after fie Title 326 Of iSl.602~ .hlO?$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 era1 wles 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'S AFFIDAVIT 

r~d~~ant4F'$e~l AE!JEbr mblect of this hean, state of 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 at the Indtana Envl- spection and mamhance 'lark ) 

ronmental Manggemenl. ,* 'Or 'lark and Per~~nall~ appeared before , notary public In and for said county 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 3568 ) (In Indiana) Munlcl- diana ~o~~~ment Center English pa' waste Nor 100 Nonh senate language ln the (crty) of Jeffeoonvllle Rule The purpose of thls state and county aforesaid, 

hearing 6 to receive pubilC $:)ueiz%Pol( OiS! and that the printed matter hereto comment on amendments 451-6027 3 6868) On a true copy, which was 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 before me this 2 day of 

lhat are m the federal emls spectlon at the lnd~ana Deslon 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 lndtana Air Pollution control 

I 

I Under 40 CFR 51 102 and IC 4-22-2-24, notice Is lndlanapoils or call (317) 233-5681 or (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. February 7,2007 Municipal Waste Combustors Rules The purpose %dvertlsement 1s set) -- number 

The meetlng wtll 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 proposed for Rnal adopWest Washington Street. 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 11-7 to tncorporate amedinvtted and wtll be glven reasonable opportunity to ments to federal alr emission standards for existlng 

express their vlews concerning a proposed actlon 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 updated to 

Inspection at the following locations be consistent wlth current federal lhit$ IDEM is also 

lnd~ana Department of Env~ronmental proposlng lo repeal the compliance schedule for the 

Management, office of Air Qual~ty, lndlana Government original emsstons Ilmtts smce the revlsed emtsslons 

Center-Norlh. 100 North Senate Avenue, 10th floor Jirhlts will be effective upbh the eflectlve date of this 

East wing. Ind~anapdis, Indiana 46204 rulemaking. 

Lea~slative Service Aoencv One North Cadtol For add~tional tnformatlon oonlact Susan Bem at 

~venu; Suite 325, ~ndiana~ol~i, Indiana, 46204 the lndlana Qepartment'of Env~ronmental 

lndtana Department of Environmental , Wanagement, Offcle of Alr Qualtty, Room 1003, 

Management, Northwest Office. Sulte 1, 8315 Virglnla lndlana Government Center North, 100 North Sellate 

at cents per hne 

Street, Merriilv~lle, Indiana 46410-9201 Aveue. Indianapolis or call (317) 233-5697~r (800) 

Indiana Department of Environmental 451-6027 (8x1 3-5697) (ijl lndtana) 

Management. Northern Offlce, Suite 200, 220 W 

Colfax. South Bend, Indiana 46601 Other Solid Waste lnc~neerator Rule The ~urwse 

lndlana Department of Env~ronmental , of thls hearlng SI turecelve publlc comment on new 

Management, Squthwest OMce, 1120 North Vlncenes rule 326 IAC 11-9 that IS proposed for final adoptlon by 

Avenue, PO Box 128, Petersburg, lnd~ana 47567- the board 

0128 The proposed rule that Is the sublect of this hearGlendale Public Llbrary, 8101 North Keysione Ing would Incoporate emlsston requlrments for existing 

Avenue, Indianapoils, Indiana 46220 other s~lld waste incneerator (OSWI) unlts. OSWl units 

HemmondPubllc tlbrary, 564 State Street, ham- are very small munlc~pal wait5 omb bust ion unlts and 

rnond, Indiana 46320 lrrstituhonal waste lnclneratlon unlts This rule ytll pro. 

1 bC382cf 

Allen County Public Llbrary. 900 Webster Street, vide the legal mechanism 16 Implemellt the emission 

Fort Wayne, lndlana 46802 gtildellnes for existing unlts end wJll be part of the state 

Evansville Vanderburgh County Public Library, 22 plant that IDDEM will submlf to US EVA for approval, 

SE 5Jh Street, Evangville, Indiana 47708 as requlred by Sections 11 l(d) and 129 of the Clean 

Board documents may be v~ewed and down- Air Act 

loaded from the lndtana Department of Environmental For add~tanal informatlon contact Susan Bem at 

~anagement's webs~te as early as one week prior to the lndatna Departmentpf Envlronmental 

the meetlng qt Management, office of Alr Qualily, Room 1003, Indiana 

httpJlwww In govAdemhuleslpacketsAndex,html#alr Government Center noflh, 1QQ North Senate Avenue. 

Indianapolis or call (317) ~$3-5697 or (800) 451-6027 3, Acts 19 53, Envlronmental Stewardshlp Program The purpose (ext 3-5697) (in Indiana) 

of this heartng is jo 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 me pur- ne has been paid The proposed rule that IS the subject of thls hear- pose of thls hearlng Is to receive public comment on 

lng would add new rules 326 IAC 25-1 Envtronmental amendnents to 3k6 IAC 13-1 1 that are proposed for 

Stewardship Program and 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, 17-5 that volds Indiana's Inspection and malnentnace 

Cothprehenslve Local Envlronmental Actlon network rule for Clark and 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 languhge for Management. Office of Air Quality, Room 1003, 

a new artlcle at 326 IAC 25 concernlng two 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 environmental Achon Network For eachhear~no oral statements will be heard -, hut -. (CLEAN) are new Inctlana programs that offer recognl- for the accuracy of tGe record. please subm~t state- tlon and ~ncnentlves for companies and untls of local ments in writlng to the attendant designated tor ecelve 

governnment that conslstentiy demonstrate envlron- rwrttten comments at the public hearing 

mental stewardship and strive for continual envlron- A transcrl~t of the hearlno and all wrltten submlsmental improvement lnitlatlves In lndtanas envlron slons to the board at the publ~c heartng shall be open 

mental programs to publtc ~nspectton at the Indiana Department of he ln an< f or said- county and state, 

For addlt~onal lnformatton contact Chitst~ne Environmental Management 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 Qr representaed at the heargovernment Center North 100 North Senate Aveue, lng or requesting notlce shall be given wrlttep nottce of newspaper of general circulat~on 

lndtanapolts or 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 1-1-3 that are proposed for 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 effect on 

June 30. 2006, edition of the CFR, thus upddating 

existing federal rules that have been incorporated by 

reference and specified by a date certain. Additionally, 

redundas Federal Register citations throughout Tille 

326 are being deleted. 

For additonal Information contact Patriua Troth at 

the lndiana Department of 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 reasonable accomodat~ons ,' ./. 

for partlclpatlon In thts evenrshould contact the 

lndlana Department of Envtronmental Management, 

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 me thsLday Of 

agency vla the lndlana Relay Servce at 1-800-743- 

, , 20 @. 

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

, , , , Notary Public 
Form Prescribed by Stale Board of 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 of which $ 

Indianapolis, Indiana 46204. ~ur solid lines of the type in which the body 

Legislative Services Agency. One NorthCapitol Avenue. Sulle 325. set). Number of 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. 220 W. Coltax. South Bend. Indiana 46601: $ . $ Indiana Department of Env~ron~enlal Management 

ICA COLUMN - 94 POINT 

MTS 1 5.7 PT. 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 I Hammond ~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 per cent of $ 

$ .oo $ .oo 

)UNT OF CLAIM $ 

$ 

ems size of type point $ . $ 

$ 121.92 

i &&3~6\~9'~~~,"~b to the Cpde of Ins and penalties 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'S AFFIDAVIT 

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 IDEM will rubm81 lo U.S. EPA lor approva1,ar regulred bSec- tions 111(d) and 129 of the Clean Alr 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 01 vehicle 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~sftne Pedersen 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#anapaltr or call (317) 233-6868 or (8001 451- 

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 

A hearing. 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. Kathryn A. Watson 

Branchchiel 

mice of Air Pualtty Individuals requiring reasonable accommodations far parlictpa- , 

Personally appeared before me, a notary public in and for said county and state. 

t h e u n d e r s i g n e d Stacey MeCullough who, being duly sworn, says that SHE is clerk 

of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation 

printed and published in the English language in the city of INDIANAPOLIS in state 

and county aforesaid; and tha't the printed matter attached hereto is a tme copy. 

which was duly published in said paper for 1 time(s), b e t w e e n t h e dates of: 

01/08/2007 and 01/08/2007 

Subscribed and sworn to before me on 01/08/2007 

Notary Public 

My commission expires: 

-. 

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

.~gal.Noti'ce ol Public.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) 848-0088 
k 

- 

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 

2 0 

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 CONTROL BOARD 

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 3 121). 

Change of Hearing Notice: September 6; 2006, Indiana Register (20060906-IR326050232CHA) 

Date of First Hearing: October 19,2006. 

326 IAC 25 

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 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) The Indiana Environmental Stewardship Program and Comprehensive 

Local Environmental Action ~etwork Community Challenge Program are voluntary 

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 accordance with 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 16 
Dm #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. 

(Air Pollution Control Board; 326 IA C 25- I - 1) 

326 IAC 25-1-2 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", 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 state program 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 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 has one (1) 

geographic location under: 

(A) at least one 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 laws, rules, and regulations", for the purpose of this article, 

means the system of laws and standards administered by U.S. EPA, the department, 

or related 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 environmental performance 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) or more 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 entity being audited; and 

(B) has not played a substantive role in implementing the EMS being 

audited. 

(15) "National Environmental Performance Track Program" or "NEPT" means the 

U.S. EPA's National Environmental Performance Track Program. 

(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 16 
Dm #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 operating in Indiana that meet the following criteria: 

(1) The standard of environmental compliance as described in section 10 of 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 12 of this rule. 

(Air Pollution Control Board; 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, 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 for ESP. 

(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 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) 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 are met: 

(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) The EMS 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, at least one (1) environmental improvement 

initiative and associated objectives and targets for the first year of 

membership. 

(B) For CLEAN applicants, at least 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) the U.S. EPA; 

(C) other state offices; and 

@) 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 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 date in NEPT, if applicable; or 

(2) coincide with the annual summary submission by allowing a member whose 

expiration date occurs prior to April 1 of that year to extend its expiration date to 

April 1 of that year. 

(c) For CLEAN members, the department may extend the term for up to ninety (90) 

days to accommodate submission of the third 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 ESP membership, a member of senior management shall 

submit a renewal application, preferably electronically, by April 1 of the third year of 

membership as follows: 

(1) For renewal 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 

the form 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 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 renewal application and the annual summaries 

submitted during the 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) The commissioner 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. 

Page 6 of 16 
Dm #05-232 

ESPICLEAN 

October 19,2006 

(2) Review of the annual summaries submitted during the 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 the next 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 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 25-1-6) 

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 the third annual summary of the previous membership term: 

(1) to the department within sixty (60) days after the third annual anniversary of the 

date the 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 are true 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 the review 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) 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 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 the next 

three (3) year term of membership. 

(4) Compliance audits conducted by: 

(A) the department; 

(B) the U.S. EPA; 

(C) other state offices; and 

@) 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 

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. (Air Pollution Control Board; 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 10 of this rule. 

(2) The requirement 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 16 
Dm #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, applicable information received from sources determined to be 

relevant by the commissioner. 

(d) If the commissioner determines that a situation shall or may warrant revocation 

of membership based on subsection (a) or (b), the following applies: 

(1) The commissioner shall notify the entity in writing: 

(A) of any potential deficiencies found; and 

(B) that the commissioner is considering removing the entity from the 

program. 

(2) The notice 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 the potential deficiencies; and 

(C) provide the entity with thirty (30) days to respond. 

(3) Within thirty (30) days after the end of the time 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 

(Air Pollution Control Board; 326 IAC 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 may be transferred to another entity at the 

same geographic location provided: 

(1) the department is 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 the previous member's commitments; and 

(B) the requirements of the program for the remainder of the membership 

term by signing an updated membership application. 

(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: 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 and belief after reasonable inquiry, 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 determine if 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 10 of 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 at the entity for environmentallyrelated 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 or prosecution of the entity, or an officer or 

employee of the entity, for a violation of environmental law. 

(2) Three (3) or more significant violations at the entity in the past 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 decree issued by: 

(A) U.S. EPA; or 

(B) the department. 

(7) A history of significant environmental problems or a pattern of noncompliance 

at the 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 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 11 of 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 environmental performance. 

(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 the EMS, including, at a minimum, reporting to the public 

on the environmental 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 in the application or 

annual summary. 

(8) Incorporation of environmental and pollution 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 the implementation 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. 

(Air Pollution Control Board; 326 IAC 25-1-1 1) 

326 IAC 25-1-12 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 at the time of the initial or renewal application and the 

remaining initiatives shall be identified each year at the 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 accordance with section 13 or 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 16 
Dm #05-232 

ESPICLEAN 

October 19,2006 

identified with the 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: 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 and targets, if applicable. 

(3) An annual review of the EMS by the entity. 

-(b) If the entity has not attained the objectives and targets associated with an 

environmental improvement initiative, a member of senior management shall provide 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) Each annual summary must 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 department for each year by April 1 of 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 25-1-1 3) 

'" 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 16 
Dm #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 the EMS by the entity. 

(b) If the entity has not attained the objectives and targets associated with an 

environmental improvement initiative at the time the third annual summary is submitted, 

a member of senior management shall provide a description of the reason 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 date the previous membership term began. (Air Pollution 

Control Board; 326 L4 C 25-1-1 4) 

Rule 2. Regulatory Flexibility for the Environmental Stewardship Program, 

Comprehensive Local Environmental 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 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 operating permit (FESOP) for 

Page 15 of 16 
Dm #05-232 

ESPJCLEAN 

October 19,2006 

a member in ESP or CLEAN may be renewed 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 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 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 average basis. The records must be made 

available to the department upon 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 are not available, each coating, ink, and solvent shall meet the requirements of the 

applicable section. (Air Pollution Control Board; 326 IAC 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 operating permits, under 326 IAC 2-8-ll.l(e). 

(Air Pollution Control Board; 326 IAC 25-2-4) 

Page 16 of 16