IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

Mitchell E. Daniels Jr. 100 North Senate Avenue

Governor Indianapolis, Indiana 46204

(317) 232-8603

Thomas W. Easterly Toll Free (800) 451-6027

Commissioner www.idem.lN.gov

November 14, 2011

Ms. Susan Hedman

Regional Administrator

U.S. EPA, Region 5

77 West Jackson Boulevard

Chicago, Illinois 60604

Re: State Implementation Plan Submittal for Indiana

Regarding 326 lAC 4-1-0.5 through 326 lAC 4-1-4.3;

Open Burning (LSA #09-362)

Dear Ms. Hedman:

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

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

implementation plan (SIP). IDEM requests review and approval into the SIP of Indiana's open

burning rules at 326 lAC 4-1-3 and 326 lAC 4-1-4, recently amended in a rulemaking effective on

October 28, 2011 (LSA #09-362(F)). IDEM is also requesting approval of the rest of IDEM's open

burning rules at 326 lAC 4-1-0.5, 326 lAC 4-1-1, 326 lAC 4-1-2, 326 lAC 4-1-4.1, 326 lAC 4-1-

4.2, and 326 lAC 4-1-4.3 amended in previous rulemakings so that the state's rules are

consistent with the SIP (Attachment I). IDEM is not requesting SIP approval of 326 lAC 4-1-5 as

this section is already approved into the SIP.

In order to assist with your review of this state implementation plan submission, a list of

supporting documents is attached. Supporting documentation includes documentation of public

notice requirements for the previous rulemakings effective in 1996 and 2003 that were not

incorporated into the SIP at the time those rulemakings took place.

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

of Air Quality worked closely with your staff to ensure that any potential problems that might exist

with this requested SIP revision would be resolved. I request that the United States

Environmental Protection Agency approve these modifications of Indiana's SIP. If you have any

questions regarding this submittal, please contact Scott Deloney, Air Programs Branch Chief,

Office of Air Quality at (317) 233-5694.

Sincerely,

~8~6

Keith Baugues

Assistant Commissioner, Office of Air Quality

KB/sb

Attachments: Supporting Documents

cc: John Mooney, U.S. EPA Region 5 (w/enclosures)

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

Scott Deloney, IDEM (no enclosures)

Christine Pedersen, IDEM (no enclosures)

SIP file

Recycled Paper*

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Supporting Documents

Attachment A: Final rule. LSA Document #09-362(F) as published in the Indiana

Registeron October 26,2011 (DIN: 20111026-IR-326090362FRA)

Attachment B: Signature Page

Attachment C: Second Notice as published in the Indiana Registeron February

16,2011 (DIN: 20110216-IR-326090362SNA)

Attachment D: Publisher's Affidavits

Attachment E: Transcript of First Public Hearing t)eld on May 4, 2011

Attachment F: Transcript of Second Public Hearing held on August 3,2011

Attachment G: Proposed rule as published in the Indiana Register on June 8,

2011 (DIN: 201100608-IR-326090362PRA)

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

Supporting Documents for Previous Rulemakings

Attachment I: 326 lAC 4-1-0.5 through 326 lAC 326 lAC 4-1-4.3 (current as of

October 28, 2011 )

Attachment J: Publisher's Affidavits for previous rulemaking: LSA #96-47

(September 1, 1996, 19 IR 3340)

Attachment K: Transcript for previous rulemaking: LSA #96-47 (First Public

Hearing on January 11, 1996 and continued to February 7, 1996 and Second

Public Hearing on May 1, 1996)

Attachment L: Public Comments for previous rulemaking: LSA #96-47 (Second

Notice of Public Comment Period published in the Indiana Register on July 1,

1995 and the Proposed Rule published in the Indiana Register on April 1, 1996).

Attachment M: Publisher's Affidavits for previous rulemaking: LSA #02-88

(January 3, 2003, 26 IR 1077)

Attachment N: Transcript for previous rulemaking: LSA #02-88 (FirstPublic

Hearing on June 5, 2002 and Second Public Hearing on August 7, 2002). No,

public comments were received on LSA #02-88.

Attachment 0: Current rule compared to SIP

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ATTACHMENT A 
TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule

LSA Document #09-362(F)

DIGEST

Amends 326 IAC 4-1-3 and 326 IAC 4-1-4 concerning open burning. Effective 30 days after filing with the

Publisher.

HISTORY

First Notice of Comment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR-326090362FNA).

Continuation of First Notice of Comment Period: June 30, 2010, Indiana Register (DIN:

20100630-IR-326090362FCA).

Continuation of First Notice of Comment Period: October 20, 2010, Indiana Register (DIN:

20101020-IR-326090362FCA).

Second Notice of Comment Period: February 16, 2011, Indiana Register (DIN:

20110216-IR-326090362SNA).

Notice of First Hearing: February 16, 2011, Indiana Register (DIN: 20110216-IR-326090362PHA).

Date of First Hearing: May 4, 2011.

Proposed Rule: June 8, 2011, Indiana Register (DIN: 20110608-IR-326090362PRA).

Notice of Second Hearing: June 8, 2011, Indiana Register (DIN: 20110608-IR-326090362PHA).

Date of Second Hearing: August 3, 2011.

326 IAC 4-1-3; 326 IAC 4-1-4

SECTION 1. 326 IAC 4-1-3 IS AMENDED TO READ AS FOLLOWS:

326 IAC 4-1-3 Exemptions

Authority: IC 13-14-8; IC 13-17-3-4

Affected: IC 13-12; IC 13-17-9

Sec. 3. (a) IC 13-17-9 exempts certain types of open burning for maintenance purposes listed as follows:

(1) A person may open burn the following:

(A) Vegetation from any of the following:

(i) A farm.

(ii) An orchard.

(iii) A nursery.

(iv) A tree farm.

(v) A cemetery.

(vi) A drainage ditch.

(vii) Agricultural land, if the open burn occurs in an unincorporated area.

(B) Wood products derived from the following:

(i) Pruning or clearing a roadside by a county highway department.

(ii) The initial clearing of a public utility right-of-way so long as the open burn occurs in an unincorporated

area.

(C) Undesirable:

(i) wood structures on real property; or

(ii) wood remnants of the demolition of a predominantly wooden structure originally located on real

property;

located in an unincorporated area.

(D) Clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the

railroad rights-of-way, but not including railroad ties.

(2) All open burning that is allowed under this subsection must comply with the following conditions:

(A) A person who open burns shall extinguish the fire if the fire creates a nuisance or fire hazard.

(B) Burning may not be conducted during unfavorable meteorological conditions such as any of the

following:

(i) High winds.

(ii) Temperature inversions.

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Date: Nov 22,2011 1:46:06PM EST DIN: 20111026-IR-326090362FRA Page 1
(iii) Air stagnation.

(C) All fires must be attended at all times during burning until completely extinguished.

(D) All asbestos-containing materials must be removed before the burning of a structure.

(E) Asbestos containing materials may not be burned.

(b) The types of fires identified in subsection (c) are allowed under this rule. Unless specified otherwise, the

following conditions apply to any fire allowed by this subsection:

(1) Fires must be attended at all times and until completely extinguished.

(2) If at any time A fire shall be extinguished if at any time it creates a:

(A) pollution problem;

(B) threat to public health;

(C) nuisance; or

(D) fire hazard.

it shall be extinguished.

(3) No burning shall be conducted during unfavorable meteorological conditions such as any of the following:

(A) High winds.

(B) Temperature inversions.

(C) Air stagnation.

(D) When a pollution alert or ozone air quality action day has been declared.

(4) All burning shall comply with other federal, state, and local laws, rules, and ordinances.

(5) Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times.

(6) Burning shall be conducted during daylight hours only, and all fires shall be extinguished before sunset.

(c) The following types of fires are allowed:

(1) Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking purposes,

such as camp fires, subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:

(A) Only the following may be burned:

(i) Clean wood products.

(ii) Paper.

(iii) Charcoal. or

(iv) Clean petroleum products.

may be burned.

(B) Any person conducting recreational or ceremonial fires shall notify the local fire department and

health department must be notified at least twenty-four (24) hours before prior to any burning where if the

size of the pile being burned is more than one hundred twenty-five (125) cubic feet and include the date,

time, and location of the burning.

(C) Fires shall:

(i) not be ignited more than two (2) hours before the recreational activity is to take place; and

(ii) be extinguished upon conclusion of the activity.

(D) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet and only one (1) pile

may be burned at a time.

(E) The fires shall not be used for disposal purposes.

(F) Fires shall not take place be located within five hundred (500) feet of any fuel storage area or pipeline.

(2) Private residential burning, where the building contains four (4) or fewer dwelling units. Burning is

prohibited in apartment and condominium complexes and mobile home parks. Beginning June 23, 1995,

residential open burning is prohibited in the counties listed in section 4.1(c) of this rule. Burning shall be

subject to the conditions in subsection (b) and the following conditions:

(A) Burning shall be in a noncombustible container that:

(i) is sufficiently vented to induce adequate primary combustion; and

(ii) has enclosed sides and a bottom.

(B) Only clean wood products and paper may be burned.

(3) Waste oil burning where waste oil originates from spillage during testing of an oil well and has been

collected in a properly constructed and located burn off pit as prescribed in 312 IAC 16-5-11 in the natural

resources commission rules. Burning shall be subject to the conditions in subsection (b) and the following

conditions:

(A) Each oil pit may be burned once every two (2) months.

(B) The fire must be extinguished within thirty (30) minutes of ignition.

(4) Department of natural resources (DNR) burning, to facilitate prescribed burning on DNR controlled

properties for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or

prevention; burning by municipalities, county governments, to facilitate prescribed burning for wildlife

Indiana Register

Date: Nov 22,2011 1:46:06PM EST DIN: 20111026-IR-326090362FRA Page 2
habitat maintenance, forestry purposes, natural area management, and firefighting or prevention;

United States Department of the Interior burning, to facilitate a National Park Service Fire Management Plan

for the Indiana Dunes National Lakeshore, for example; and United States Department of Agriculture, Forest

Service burning, to facilitate wildlife habitat maintenance, forestry purposes, natural area management,

ecosystem management, and firefighting or prevention. Burning shall be subject to conditions in subsection

(b)(1) through (b)(5) and the following conditions:

(A) If The fire shall be extinguished if it creates a:

(i) nuisance;

(ii) fire hazard; or

(iii) pollution problem.

it shall be extinguished.

(B) No burning shall be conducted during unfavorable meteorological conditions, such as any of the

following:

(i) High winds.

(ii) Temperature inversions.

(iii) Air stagnation.

(iv) When a pollution alert or ozone action day has been declared.

(C) Only vegetation and clean petroleum products may be burned.

Burning by the U.S. Forest Service for firefighting or prevention is not subject to the conditions in subsection

(b) or this subdivision.

(5) Burning of marijuana by federal, state, and local law enforcement offices. Burning shall be subject to the

conditions in subsection (b) and only clean petroleum products shall be used for ignition purposes.

(6) Burning, for the purpose of heating, using clean wood products or paper in a noncombustible container that

is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom. Burning

shall be subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:

(A) Burning shall only occur between October 1 and May 15.

(B) Burning shall not be conducted for the purpose of disposal.

(7) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of extinguishing

an existing fire. Such burning is not subject to the conditions in subsection (b).

(8) Burning of clean petroleum products, natural gas, methane, or propane for fire extinguisher training,

including mobile or stationary training units, subject to the conditions in subsection (b) and the following

conditions:

(A) The local fire department and health department must be notified at least twenty-four (24) hours in

advance of the date, time, and location of the burning.

(B) Except as provided in clause (C), daily fuel volume amounts burned are limited to one (1) of the

following:

(i) Fourteen (14) gallons of clean petroleum products.

(ii) Two hundred twelve (212) gallons of propane.

(iii) Twenty-nine thousand seven hundred (29,700) cubic feet of natural gas or methane.

(C) A combination of the fuels listed in clause (B) may be burned each day. The amount of each fuel that

can be burned each day shall be determined as follows:

(i) The volume of each fuel to be burned each day shall be calculated as a percentage of the maximum

volume allowed in clause (B) for that fuel.

(ii) The sum of the percentages for each fuel burned each day shall not exceed one hundred percent

(100%).

(D) All burning of clean petroleum products shall take place in a noncombustible container or enclosure that

has enclosed sides and a bottom.

(E) All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination or

uncontrolled spread of the fire.

(F) Only one (1) fire may be allowed to burn at a time.

(9) Burning of two (2) single family, nondemolished structures per calendar year by municipal fire

departments for purposes of live fire training, subject to the conditions in subsection (b) and the

following conditions:

(A) Written notification must be submitted to the Indiana department of environmental management,

office of air quality, at least thirty (30) days prior to the burning with the date, time, and location of

the burning included. A copy of the notification shall be made available at the burning site to state

and local officials upon request.

(B) The fire department conducting the fire training must provide written notification to each

interested party or person owning or renting property within five hundred (500) feet of the structure

to be burned at least fifteen (15) days prior to the training activity or publish a notice of intent to

burn in the local newspaper at least fifteen (15) days prior to the training activity.

Indiana Register

Date: Nov 22,2011 1:46:06PM EST DIN: 20111026-IR-326090362FRA Page 3
(C) The fire department must notify the county health department and county sheriff's department at

least twenty-four (24) hours prior to the burning and include the date, time, and location of the

burning.

(D) All asbestos-containing materials, asphalt roofing including backer paper, and vinyl siding

including Styrofoam backer insulation must be removed before the intentional burning of any

structure. These materials may not be burned and must be handled or disposed of in accordance

with the applicable rules of the solid waste management board at 329 IAC 10 and 329 IAC 11.

(E) Mercury containing equipment and fluorescent bulbs must be removed from the house and

properly recycled or disposed of in accordance with the applicable rules of the solid waste

management board at 329 IAC 10.

(F) No burning shall take place within one hundred (100) feet of a structure or power line or three

hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline.

(G) All burning must comply with other federal, state, or local laws, regulations, or ordinances,

including 40 CFR 61, Subpart M* (National Emissions Standards for Asbestos).

(10) Ceremonial burning of United States flags, subject to the conditions in subsection (b) and the

following conditions:

(A) Any person conducting ceremonial burning of United States flags shall notify the local fire

department and health department at least twenty-four (24) hours prior to any burning if the size of

the pile being burned is more than one hundred twenty-five (125) cubic feet and include the date,

time, and location of the burning.

(B) Fires shall:

(i) not be ignited more than two (2) hours before the activity is to take place; and

(ii) be extinguished upon conclusion of the activity.

(C) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet, and only one

(1) pile may be burned at a time.

(D) Fires shall not be located within five hundred (500) feet of any fuel storage area or pipeline.

*This document is incorporated by reference. Copies may be obtained from the Government Printing

Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the

Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center

North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Board; 326 IAC 4-1-3; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2419; filed May 24, 1995, 10:00

a.m.: 18 IR 2408; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3341; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477;

filed Mar 21, 2007, 2:48 p.m.: 20070418-IR-326050268FRA; filed Sep 28, 2011, 10:58 a.m.:

20111026-IR-326090362FRA)

SECTION 2. 326 IAC 4-1-4 IS AMENDED TO READ AS FOLLOWS:

326 IAC 4-1-4 Emergency burning

Authority: IC 13-15-2-1; IC 13-17-3-4

Affected: IC 13-12; IC 13-17-9

Sec. 4. Emergency burning with prior oral approval of the commissioner or the commissioner's designated

agent may be authorized for the following:

(1) spilled or escaping liquid or gaseous petroleum products when all reasonable efforts to recover the spilled

material have been made and failure to burn would result in an imminent fire or health hazard or air or water

pollution problem; or

(2) clean wood waste, vegetation, or deceased animals resulting from a natural disaster where failure to burn

would result in an imminent health, or safety, or environmental hazard.

The commissioner or the commissioner's designated agent shall issue a written approval within seven (7) days of

the oral approval. The written approval shall contain any conditions on emergency burning that the commissioner

established in the oral approval.

(Air Pollution Control Board; 326 IAC 4-1-4; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2420; filed Jul 30, 1996, 2:00

p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 28, 2011, 10:58 a.m.:

20111026-IR-326090362FRA)

Indiana Register

Date: Nov 22,2011 1:46:06PM EST DIN: 20111026-IR-326090362FRA Page 4
LSA Document #09-362(F)

Proposed Rule: 20110608-IR-326090362PRA

Hearing Held: August 3, 2011

Approved by Attorney General: September 19, 2011

Approved by Governor: September 27, 2011

Filed with Publisher: September 28, 2011, 10:58 a.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Alison Beumer, IDEM Compliance and Technical Assistance Program -

OPPTA, MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800)

988-7901, ctap@idem.in.gov

Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program

Ombudsman, MC 50-01 IGCN 1307, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386,

bbaughn@idem.in.gov

Posted: 10/26/2011 by Legislative Services Agency

An html version of this document.

Indiana Register

Date: Nov 22,2011 1:46:06PM EST DIN: 20111026-IR-326090362FRA Page 5
ATTACHMENT B 
Rule:

Agency:

Subject:

Rule Signature Page

LSA #09-362(F)

Air Pollution Control Board

Open Burning Rule

ADOPTED: /1 A

By:

James

~A~ Miner, M.D. TIt.~HA 45 /? AI1J,rJ"""-

Chainnan /Ie,-/;' """' (!Ae-.lY ""'iHAl

Air Pollution Control Board

APPROVED:

Date:~.1; .loll

Date: ~~

By: -Mi-tch-ell-E.-Dan-ie?J:! £: Date: q/a2//1

Governor, State ofIndiana

ACCEPTED FOR FILING:

By:

Indiana Register

Legislative Services Agency

TITI..E 326 AIR POLLUTION CONTROL BOARD

LSA Document #09-362(FR)

Filed with Publisher: September 28. 20) J. 1O:583.m.

By: Rlw