IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Michael R. Pence 

Govenwr 

Susan Hedman 

Regional Administrator 

U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

Dear Ms. Hedman: 

100 N. Senate Avenue • Indianapolis, IN 46204 

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

September 17,2014 

Thomas W. Easterly 

Commissioner 

Re: State Implementation Plan Submittal for 

Indiana Regarding 326 lAC 1-1-3 and 326 lAC 1-2-

6.5, References to the Code of Federal Regulations 

(LSA #13-501) 

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

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

Indiana state implementation plan. This amendment consists of revisions to Indiana's rules 

conceming an update to references to the CFR to mean the July 1, 2013, edition and other 

administrative changes accomplished through one rulemaldng. IDEM requests that the United 

States Environmental Protection Agency (U.S. EPA) approve the revisions to 326 lAC 1-1-3 and 

326 lAC 1-2-6.5. 

In addition to updating the reference to the CFR, this rulemaking amends the definition of 

"board" to reflect the consolidation of the previous boards into the new Environmental Rules 

Board (ERB) at 326 lAC 1-2-6.5, amends certain provisions related to emission limitations for 

Hospital/Medical/Infectious Waste Incinerators at 326 lAC 11-6 to remove obsolete references 

to the Federal Register, and updates a reference to the CFR at 326 lAC 20-95-1. IDEM only 

seeks approval of326 lAC 1-1-3 and 326 lAC 1-2-6.5. 

This submittal consists of one (1) hard copy of the required documentation. An 

electronic version of the submittal in PDF fmmat that is identical to the hard copy has been sent 

to Chris Panos at the U.S. EPA Region 5 office. In order to assist with your review of this state 

implementation plan submission, a list of supporting documents is attached. 

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

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

exist with this requested state implementation plan revision would be resolved. I request that 

U.S. EPA approve this modification oflndiana's state implementation plan. If you have any 

An Equal Opportunity Employer 0 

A State that Works 

@ Recycled Paper 

-
questions regarding this submittal, please contact Christine Pedersen, Rule Development Section 

Chief, Office of Legal Counsel, at (317) 233-5684. 

NK/cep 

Attachments: Supporting Documents 

cc: John Mooney, U.S. EPA Region V (no enclosures) 

Pamela Blaldey, U.S. EPA Region 5 (no enclosures) 

Doug Aburano, U.S. EPA Region V (no enclosures) 

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

Christine Pedersen, IDEM (no enclosures) 

SIP file 
Supporting Documents 

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

Attachment B: Final Rule. LSA Document #13-50l(F) as published in the Indiana Register on 

August 27, 2014 (DIN: 20140827-IR-326130501FRA) 

Attachment C: Signature Page 

Attachment D: Section 8 Notice, including the Notice of Public Hearing, as published in the 

Indiana Register on November 20, 2013, (DIN: 20131120-IR-326130501FDA) 

Attachment E: Certificates of Web Publication 

Attachment F: Transcript of Public Hearing, including Exhibit, held on April9, 2014 
ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 

1. The submittal is accompanied by a formal letter of submittal Enclosed 

from the governor or his designee. 

2. Evidence that the State has adopted the plan in the State code Attachment C 

or body of regulations; or issued the permit, order, consent 

agreement ("document"); in final form . 

. a. Date of adoption or final issuance: April 9, 2014 

b. The effective date of the plan, if different August 31, 2014 

from the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority IC 13-14-8 

under state law to adopt and implement the plan. 

4. A copy of the actual regulation or document submitted for Attachment B 

approval and incorporation by reference into the plan, 

including the following: 

a. Indication of the changes made to the existing 

approved plan, where applicable. 

b. The submittal shall be a copy of the official State 

regulation or document signed, stamped, dated by 

the appropriate state official indicating that it is fully 

enforceable by the State. Effective date shall be stated 

in the document itself. 

5. Evidence'that the State followed all of the procedural 

requirements of the State's laws and constitution in 

conducting and completing the adoption/issuance of the plan. 

Attachment C 

6. Evidence that public notice was given, including date of Attachments D and E 

proof of publication. 

____K_Notice ofPublic Hearing and Ce1iificates of Web Publication 

7. Certification that public hearings were held in accordance 

with i:pformation provided in public hearing notice. 

____x_ Transcript from Public Hearing 

8. Compilation of public comments and State's response. 

Attachment F 

N/A 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Final Rule 

LSA Document #13-501 (F) 

DIGEST 

Amends 326 lAC 1-1-3, 326 lAC 1-2-6.5, 326 lAC 11-6-2, 326 lAC 11-6-4, 326 lAC 11-6-6, 326 lAC 11-6-7, 

326 lAC 11-6-7.1, 326 lAC 11-6-8, 326 lAC 11-9-3, and 326 lAC 20-95-1 concerning updates to references to the 

Code of Federal Regulations (CFR), an update to a definition, and removal of obsolete language. Effective 30 

days after filing with the Publisher. 

HISTORY 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: November 20, 2013, Indiana 

Register (DIN: 20131120-IR-326130501 FDA). 

Notice of Hearing: November 20, 2013, Indiana Register (DIN: 20131120-IR-326130501PHA). 

Change in Notice of Public Hearing: January 29, 2014, Indiana Register (DIN: 

20140129-IR-326130501 CHA). 

Date of Hearing: April 9, 2014. 

3261AC 1-1-3; 3261AC 1-2-6.5; 3261AC 11-6-2; 3261AC 11-6-4; 3261AC 11-6-6; 3261AC 11-6-7; 3261AC 11-

6-7.1; 3261AC 11-6-8; 3261AC 11-9-3; 3261AC 20-95-1 

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

3261AC 1-1-3 References to the Code of Federal Regulations 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 3. Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) 

shall mean the July 1, ~ 2013, edition*. 

*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 /\ir Quality, Legal Counsel, Indiana Government 

Center North, +eAtR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 3261AC 1-1-3; filed Mar 10, 1988, 1:20 p.m.: 111R 2369; filed Jan 6, 1989, 3:30 

p.m.: 121R 1102; filed Dec 14, 1989, 9:35a.m.: 131R 868; filed Aug 9, 1991, 11:00 a.m.: 141R 2218; filed May 

25, 1994, 11:00 a.m.: 171R 2237; filed Jul25, 1995, 5:00p.m.: 181R 3381; filed Jul25, 1997, 4:00p.m.: 20 IR 

3298; filed Oct 30, 2000, 2:13p.m.: 241R 667; filed May 21, 2002, 10:20 a.m.: 251R 3054; filed Aug 26, 2004, 

11:30 a.m.: 281R 17; filed Oct 14, 2005, 10:00 a.m.: 29 IR 795; filed Mar 17, 2006, 1:00 p.m.: 29 IR 2517; filed 

Apr 26, 2007, 9:38a.m.: 20070523-IR- 326060412FRA: filed Apr 1, 2008, 9:59a.m.: 

20080430-IR-326070373FRA; filed Jul1, 2009, 3:12p.m.: 20090729-IR- 326080901FRA: filed Oct 1, 2010, 3:49 

p.m.: 20101027-IR-326100112FRA; filed Mar 28, 2012, 12:51 p.m.: 20120425-IR-326110472FRA; filed Aug 1, 

2014, 10:53 a.m.: 20140827-IR-326130501FRA) 

SECTION 2. 3261AC 1-2-6.51S AMENDED TO READ AS FOLLOWS: 

326 lAC 1-2-6.5 "Board" defined 

Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3 

Affected: IC 13-11-2-17 

Sec. 6.5. "Board" means the air pollution eontrol environmental rules board. 

(Air Pollution Control Division; 326 lAC 1-2-6.5; filed Jan 26, 2000, 2:03p.m.: 231R 1367; filed Aug 1, 2014, 10:53 

a.m.: 20140827-IR-326130501FRA) 

Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501 FRA Page 1 
Indiana Register 

SECTION 3. 326 lAC 11-6-2 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-2 Definitions 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 2. (a) Terms used in this rule have the meaning set forth in the following definition sections: 

(1) 40 CFR 60, Subpart Co, Section 60.31e*. 

(2) 40 CFR 60, Subpart Ec, Section 60.51 c*. as amended at 74 FR 51408, October 6, 2009. 

(b) If a term is not defined in subsection (a)(1) or (a)(2), then the term has the meaning set forth in the CAA 

and 40 CFR 60, Subpart A* and 40 CFR 60, Subpart B*. 

*These documents are 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, Legal Counsel, Indiana Government 

Center North, +entR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326 lAC 11-6-2; filed Feb 9, 1999, 4:28p.m.: 22 IR 1964; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 a.m.: 251R 3078; filed Sep 28, 2011, 10:59 a.m.: 

20111026-IR-326100733FRA; filed Aug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA) 

SECTION 4. 3261AC 11-6-41S AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-4 Emission limits 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 4. (a) The designated facility shall not exceed the emission limits specified in the following: 

(1) 40 CFR 60, Subpart Co, Table 1A*. as amended at 74 FR 51405, October 6, 2000, and 76 FR 18412, /\pril 

4, 2011. 

(2) 40 CFR 60, Subpart Ec, Section 60.52c(b)(1 )*. as amended at 74 FR 514 09, October 6, 2009. 

(b) The designated facility shall not exceed the emission limits, according to the compliance schedule in 

section 9 of this rule, specified in the following: 

(1) 40 CFR 60, Subpart Co, Table 18*. as added at 74 FR 51406, October 6, 2009. 

(2) 40 CFR 60, Subpart Ec, Section 60.52c(b)(2)*. as amended at 74 FR 51409, October 6, 2009. 

(c) A designated facility, as defined in section 1 (a)(2) of this rule, shall comply with the emission limits in 40 

CFR 60, Subpart Ec, Table 1A* as amended at 74 FR 51414, October 6, 2009, or subsection (b), whichever 

applies the more stringent limit. 

*These documents are incorporated by reference. Copies may be obtained from the Government Printing 

Office, Washington, D.C. 20401 and are available for review and copying at the Indiana Department of 

Environmental Management, Office of Air Quality, Legal Counsel, Indiana Government Center North, +entR 

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

(Air Pollution Control Division; 326 lAC 11-6-4; filed Feb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 a.m.: 251R 3079; filed Sep 28, 2011, 10:59 a.m.: 

20111026-IR-326100733FRA; filed Aug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA) 

SECTION 5. 326 lAC 11-6-6 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-6 Waste management plans 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501FRA Page 2 
Indiana Register 

Sec. 6. (a) The owner or operator of a designated facility shall prepare a waste management plan as specified 

in 40 CFR 60, Subpart Ec, Section 60.55c*. as amended at 74 FR §1409, Oetober 6, 2009. 

(b) The waste management plan shall be submitted to the department by the date specified in 40 CFR 60, 

Subpart Ec, Section 60.58c(c)*. 

*These documents are 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 /\ir Quality, Legal Counsel, Indiana Government 

Center North, +eAtR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326 lAC 11-6-6; filed Feb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 a.m.: 251R 3079; filed Sep 28, 2011, 10:59 a.m.: 

20111026-IR-326100733FRA: filed Aug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA) 

SECTION 6. 326 lAC 11-6-7 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-7 Compliance, performance testing, and monitoring 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 7. (a) Performance tests shall be conducted and compliance shall be determined in accordance with the 

test methods and procedures found in 40 CFR 60, Subpart Ec, Section 60.56c*, as amended at 74 FR §1409, 

Oetober 6, 2009, excluding the following: 

(1) Annual fugitive emissions testing requirements under Section 60.56c(c)(3)*. as amended at 74 FR §1409, 

Oetober e, 2009. 

(2) Carbon monoxide continuous emissions monitoring (CO GEMS) requirements under Section 60.56c(c)(4)*. 

as amended at 74 FR §1409, Oetober e, 2009. 

(3) Compliance monitoring requirements for monitoring listed in the following: 

(A) Section 60.56c(c)(5)(ii) through 60.56c(c)(5)(v)*. as amended at 74 FR §1409, Oetober 6, 2009. 

(B) Section 60.56c(c)(6)*. as amended at 74 FR §1409, Oetober 6, 2009. 

(C) Section 60.56c(c)(7)*. as added at 74 FR §1409, October 6, 2009. 

(D) Section 60.56c(e)(6) though 60.56c(e)(10)*. as added at 74 FR §1409, Oetober e, 2009. 

(E) Section 60.56c(f)(7) through 60.56c(f)(10)*. as added at 74 FR §1409, Oetober e, 2009. 

(F) Section 60.56c(g)(6) through 60.56c(g)(10)*. as added at 74 FR §1409, Oetober e, 2009. 

Sources subject to the emission limits in section 4(b) of this rule may elect to use CO GEMS as specified 

under Section 60.56c(c)(4)* as added at 74 FR §1409, Oetober 6, 2009, or bag leak detection systems as 

specified in Section 60.57c(h)*. as added at 74 FR §1412, Oetober e, 2009. 

(b) The performance testing shall also meet the requirements of 326 lAC 3-6, source sampling procedures, 

including the submittal of a test protocol not later than thirty-five (35) days prior to the intended test date. The test 

methods in 40 CFR 60, Subpart Ec, Section 60.56c*, as amended at 74 FR §1409, October 6, 2009, shall not be 

modified unless approved by the U.S. EPA administrator. 

(c) The owner or operator of a designated facility shall comply with the monitoring requirements specified in 40 

CFR 60, Subpart Ec, Section 60.57c*. as amended at 74 FR §1412, Oetober e, 2009. 

(d) The owner or operator of a designated facility may use the results of previous emissions tests to 

demonstrate compliance with the emission limits in section 4(b) or 4(c) of this rule, provided that the owner or 

operator follows the conditions in 40 CFR 60, Subpart Ce, Section 60.37e(f)*. as added at 74 FR §1403, Oetober 

e, 2009. 

*These documents are 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 /\ir Offiee of Air Quality, Legal Counsel, Indiana 

Government Center North, +eAtR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501 FRA Page 3 
Indiana Register 

(Air Pollution Control Division; 3261AC 11-6-7; filed Feb 9, 1999, 4:28p.m.: 221R 1965; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 a.m.: 251R 3080; filed Sep 28, 2011, 10:59 a.m.: 

20111026-IR-326100733FRA; filed Aug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA) 

SECTION 7. 3261AC 11-6-7.11S AMENDED TO READ AS FOLLOWS: 

3261AC 11-6-7.11nspection requirements 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 7.1. (a) The owner or operator of a designated facility shall undergo the following: 

(1) An initial equipment inspection that meets the requirements specified in 40 CFR 60, Subpart Co, Section 

60.36e(a)(1) and 60.36e(a)(2)*, as amended at 74 FR 51403, Ootober 6, 2009, within one (1) year after the 

effective date of the 2011 amendments to this rule. by October 28, 2012. 

(2) An equipment inspection annually thereafter, but not more than twelve (12) months following the previous 

annual equipment inspection, as outlined in subdivision (1 ). 

(b) The owner or operator of a designated facility shall undergo the following: 

(1) An initial air pollution control device inspection that meets the requirements specified in 40 CFR 60, 

Subpart Co, Section 60.36e(c)(1) and 60.36e(c)(2)*, as added at 71 FR 51403, October 6, 2009, Vv'ithin one (1) 

year after the effective date of the 2011 amendments to this rule. by October 28, 2012. 

(2) An equipment inspection annually thereafter, but not more than twelve (12) months following the previous 

annual equipment inspection, as outlined in subdivision (1 ). 

*These documents are 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, Legal Counsel, Indiana Government 

Center North, +eRtR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326 lAC 11-6-7.1: filed Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA: 

errata filed Dec 6, 2011, 11:02 a.m.: 20111221-IR-326110743ACA; filed Aug 1, 2014, 10:53 a.m.: 

20140827-IR-326130501 FRA) 

SECTION 8. 326 lAC 11-6-8 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-8 Reporting and record keeping requirements 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

. Sec. 8. (a) The owner or operator of a designated facility shall comply with the reporting and record keeping 

requirements in 40 CFR 60, Subpart Ec, Section 60.58c(b) through 60.58c(g)*, as amended at 74 FR 51413, 

October 6, 2009, and 76 FR 18413, April 4, 2011, excluding the following: 

(1) 40 CFR 60, Subpart Ec, Section 60.58c(b)(2)(xviii) (bag leak detection system alarms)*. as added at 74 FR 

51413, October 6, 2009. 

(2) 40 CFR 60, Subpart Ec, Section 60.58c(b)(2)(xix) (CO GEMS data)*. as added at 74 FR 51413, October 6, 

~ 

(3) 40 CFR 60, Subpart Ec, 60.58c(b)(7) (siting)*. 

(b) The owner or operator of a designated facility shall maintain records of the annual equipment inspections 

that are required under section 7.1 of this rule, any required maintenance, and any repairs not completed within 

ten (10) days of an inspection. 

*These documents are 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, Legal Counsel, Indiana Government 

Center North, +eRtR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501 FRA Page 4 
Indiana Register 

(Air Pollution Control Division; 326 lAC 11-6-8; filed Feb 9, 1999, 4:28p.m.: 22 IR 1966; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 a.m.: 251R 3080; filed Sep 28, 2011, 10:59 a.m.: 

20111026-IR-326100733FRA; filed Aug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA) 

SECTION 9. 326 lAC 11-9-3 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-9-3 Requirements; incorporation by reference of federal standards 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 3. The air pollution control board incorporates by reference the following sections of 40 CFR 60, Subpart 

FFFF, Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units that Commenced 

Construction On or Before December 9, 2004: 

(1) 40 CFR 60.3000 through 40 CFR 60.3002 Compliance Schedule*. 

(2) 40 CFR 60.3010 through 40 CFR 60.3012 Waste Management Plan*. 

(3) 40 CFR 60.3014 through 40 CFR 60.3020 Operator Training and Qualification*. 

(4) 40 CFR 60.3022 through 40 CFR 60.3025 Emission Limitations and Operating Limits*. as amended by 71 

FR 67806 (November 24, 2006)*. 

(5) 40 CFR 60.3027 and 40 CFR 60.3028 Performance Testing*. 

(6) 40 CFR 60.3030 and 40 CFR 60.3031 Initial Compliance Requirements*. 

(7) 40 CFR 60.3033 through 40 CFR 60.3036 Continuous Compliance Requirements*. 

(8) 40 CFR 60.3038 through 40 CFR 60.3044 Monitoring*. 

(9) 40 CFR 60.3046 through 40 CFR 60.3057 Record Keeping and Reporting*. 

(10) 40 CFR 60.3059 and 40 CFR 60.3060 Title V Operating Permits*. 

(11) 40 CFR 60.3061 Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery*. 

(12) 40 CFR 60.3062 through 40 CFR 60.3069 Air Curtain Incinerators that Burn Only Wood Waste, Clean 

Lumber, and Yard Waste*. 

(13) 40 CFR 60.3076 Equations*. 

(14) 40 CFR 60.3078 Definitions*. 

(15) 40 CFR 60, Subpart FFFF, Tables 1 through 5*, as amended by 71 FR 67806 (November 24, 2006)*. 

*These documents are incorporated by reference and may be obtained from the Government Printing Office, 

732 North Capitol, Washington, D.C. 20401 or are available for copying at the Indiana Department of 

Environmental Management, Office of Ptir Quality, Legal Counsel, Indiana Government Center North, +effil::l. 

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

(Air Pollution Control Division; 3261AC 11-9-3; filed Jul10, 2007, 2:19p.m.: 20070808-IR-326060437FRA; filed 

Aug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA) 

SECTION 10. 3261AC 20-95-1 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 20-95-1 Applicability; incorporation by reference of federal standards 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to sources as provided in the July 1, 2010, edition of 40 CFR 63.7 485*. 

(b) The air pollution control board incorporates by reference the July 1, 2010, edition of 40 CFR 63, Subpart 

DDDDD*, national emission standards for hazardous air pollutants for industrial, commercial, and institutional 

boilers and process heaters. 

(c) Owners and operators may use the emission averaging provisions as specified under the July 1, 2010, 

edition of 40 CFR 63.7522*. 

(d) Under 326 lAC 3-6, source sampling procedures, a test protocol form for an emissions test is due thirty-five 

(35) days before the intended test date. 

Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501 FRA Page 5 
Indiana Register 

*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, Legal Counsel, Indiana Government Center 

North, +e!ttl:7 Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326 lAC 20-95-1; filed Nov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA: filed 

Mar 28, 2012, 12:51 p.m.: 20120425-IR-326110472FRA; filed Aug 1, 2014, 10:53 a.m.: 

20140827-IR-326130501 FRA) 

LSA Document #13-501(F) 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: 20131120-IR-326130501 FDA 

Hearing Held: April 9, 2014 

Approved by Attorney General: July 21, 2014 

Approved by Governor: July 30, 2014 

Filed with Publisher: August 1, 2014, 10:53 a.m. 

Documents Incorporated by Reference: 29 CFR, July 1, 2013; 40 CFR, July 1, 2013 

Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulatory Coordinator, 

IGCN 1225, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (BOO) 988-7901, 

ctap@idem.in.gov 

Small Business Assistance Program Ombudsman: Steven N. Howell, IDEM Small Business Assistance Program 

Ombudsman, IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8587 or (800) 

451-6027, snhowell@idem.in.gov 

Posted: 08/27/2014 by Legislative Services Agency 

An .b1rnl version of this document. 

Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501 FRA Page 6 
Rule Signature Page 

Rule#: 

Agency: 

LSA Document #13-50l(F) 

Enviromnental Rules Board 

Subject: 2013 Update to the Code of Federal' Regulations 

ADOPTED: 

. 

By:6~~Q BeverlY~Y 

Date: 

Chairperson, Environmental Rules Board 

~~:-:> 

~~--~-=~7·~~~~~~=­ Gregory F. Zoe I. er 

Date: 

Attorney Generai, State of Indiana 

APPROVED: 

By~~ f?, ~·~Date.:~. r~oltt.j. l(ichaelR. Pence 

Governor, State oflndiana 

ACCEPTED FOR FILING: 

By: TilLE 326 AIR PoLLUTION CONTROL DIVISION 

LSA Document #l3-501(FR) 

Filed with Publisher: August 1, 2014, 10:53 a,m. 

By:Rlw 
Indiana Register 

. TITLE 326 AIR POLLUTION CONTROL DIVISION 

FINDINGS AND DETERMINATION OF THE COMMISSIONER 

PURSUANT TO IC 13-14-9-8 AND DRAFT RULE 

LSA Document #13-501 

REFERENCES TO THE CODE OF FEDERAL REGULATIONS (CFR} 

PURPOSE OF NOTICE 

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for 326 

lAC 1-1-3 concerning an update to references to the CFR to mean the July 1, 2013, edition. IDEM is also 

proposing to amend several provisions in 326 lAC 11-6 to remove obsolete language and 326 lAC 20-95-1 to 

update a reference to the CFR. IDEM is soliciting written comment Cin the draft rule language and will schedule a 

public hearing before the Environmental Rules Board for consideration of adoption of these rules. 

CITATIONS AFFECTED: 326 lAC 1-1-3; 326 lAC 1-2-6.5; 326 lAC 11-6-2; 326 lAC 11-6-4; 326 lAC 11-6-6; 326 . 

lAC 11-6-7; 326 lAC 11-6-7.1; 326 lAC 11-6-8; 326 lAC 11-9-3; 326 lAC 20-95-1. 

AUTHORITY: IC 13-14-8; IC 1-3-14-9; IC 13-17-3; IC 13-17-8; IC 13-19-3. 

STATUTORY REQUIREMENTS 

IC 13-14-9-8 recognizes that, under certain circumstances, it may be appropriate to reduce the number of 

public comment periods and public hearings usually provided for under the IC 13-14-9 environmental rulemaking 

process. In cases where the commissioner determines that there is no· reasonably anticipated benefit from a 

second public comment period and first' public hearing to either the environment or persons regulated or 

otherwise affected by the proposed rule, IDEM may forgo these comment periods and proceed directly to the 

public hearing and board meeting at which the draft rule is considered for adoption. Two opportunities for public 

comment (with this notice and at the public hearing prior to adoption of the rule) remain under this procedure. 

If the commissioner makes the determination of no anticipated benefit required by IC 13-14-9-8, the 

commissioner shall prepare written findings and publish those findings in the Indiana Register prior to the board 

meeting at which the draft rule is to be considered for adoption and include them in the board packet prepared for 

that meeting. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-8. 

The statute provides for this shortened rulemaking process if the commissioner determines that: 

(1) the rule constitutes: 

(A) an adoption or incorporation by reference of a federal law, regulation, or rule that: 

(i) is or will be applicable to Indiana; and 

(ii) contains no amendments that have a substantive effect on the scope or intended application of the 

federal law or rule; 

(B) a technical amendment with no substantive effect on an existing Indiana rule; or 

(C) an amendment to an existing Indiana rule, the primary and intended purpose of which is to clarify the 

existing rule; and 

(2) the rule is of such nature and scope that there is no reasonably anticipated benefit to the environment or 

the persons referred to in IG 13-14-9-7(8.)(2) from: · 

(A) exposing the rule to diverse public comment under IC 13-14-9-3 or IC 13-14-9-4; 

(B) affording interested or affected parties the qpportunity to be heard under IC 13-14-9-3 or IC 13-14-9-4; 

and 

(C) affording interested or affected parties the opportunity to develop evidence in the record collected 

under IC 13-14-9-3 and IC 13-14-9-4. · 

BACKGROUND 

."References to the Code of Federal Regulations", at 326 lAC 1-1-3, indicates the yearly edition of the CFR 

that is applicable to federal regulations. that have been incorporated by reference throughout Title 326 of the 

Indiana Administrative Code (lAC), unless a previous edition is specified in a specific rule. By updating the 

reference to the CFR at 326 lAC 1-1-3, IDEM can incorporate by reference the latest version of the CFR that is 

incorporated in Title 326, with the exception of those regulations most recently published in the Federal Register 

(FR). 

The latest version of the CFR contained in 326 lAC 1-1-3 is July 1, 2011. Since that date, numerous new 

federal regulations have been promulgated that are not reflected in the current version of Title 326 of the lAC. By 

updating the reference date to July 1, 2013, Title 326 of the lAC will be consistent with those regulations that the 

federal government promulgated between July 1, 2011, and June 30,2013. 

The 2013 edition of the CFR is a codification of the final and effective regulations published. in the FR as of 

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Indiana Register 

June 30, 2013. IDEM incorporates citations by reference from Titl.es 29 and 40 of the CFR in Title 326. Title 29 of 

the CFR contains federal regulations for the asbestos program. Title 29 is referenced in 326 lAC 14 (Emission 

Standards for Hazardous Air Pollutants) and 326 lAC 18 (Asbestos Management). These regulptions are either 

directly incorporated by reference into Title 326 of the lAC as state-enforceable rule provisions or as federal 

authority for the implementation and enforcement of state rule provisions. Title 40 of the CFR includes all federal 

environmental regulations promulgated by the United States Environmental Protection Agency (U.S. EPA). Title 

40 is referenced throughout Title 326 of the lAC. · 

In addition to updating the reference to the CFR, IDEM is amending certain provisions related to emission 

limitations for Hospital/Medical/Infectious Waste Incinerators at 326 lAC 11-6 to remove obsolete references to 

the FR, in addition to updating a referenced version of the CFR at 326 lAC 20-95-1. 

This rulemaking also amends the definition of "board" currently defined at 326 lAC 1-2-6.5 as the Air Pollution 

Control Board. Effective January 1, 2013, the Air Pollution Control Board, Water Pollution Control Board, and 

Solid Waste Management Board were consolidated into the new Environmental Rules Board (ERB). This 

rulemaking is amending the definition of "board" to reflect the 2013 consolidation of the boards in state rules. 

Examples of regulations and changes that have occurred since the last update to 326 lAC 1-1-3, References 

to the CFR, include, but are not limited to, the following: · 

76 FR 42052, July 18, 2011- Final Rule- National Emission Standards for Hazardous Air Pollutants 

From Petroleum Refineries: On October 28, 2009, U.S. EPA proposed to withdraw the residual risk and 

technology review portions of the final rule amending the National Emission Standards for Hazardous Air 

Pollutants (NESHAP) from petroleum refineries. This rulemaking finalizes the proposed partial withdrawal. 

Citation affected: 326 lAC 20-16-1. 

76 FR 72050, November 21, 2011 - Final Rule - National Emission Standards for Hazardous Air 

Pollutant Emissions for Shipbuilding and Ship Repair (Surface Coating); National Emission 

Standards for Wood Furniture M.anufacturing Operations: This rulemaking finalizes the NESHAP for 

Shipbuilding and Ship Repair (Surface Coating) and the NESHAP for Wood Furniture Manufacturing 

Operations after a residual risk and technology review (RTR) analysis by U.S EPA. This rulemaking also 

finalizes revisions to the NESHAP related to excess emissions during periods of startup, shutdown, and 

malfunction (SSM). 

Citations affected: 326 lAC 20-14-1; 326 lAC 20-26-1. 

77 FR 22848, April17, 2012- Final Rule- National Emission Standards for Polyvinyl Chloride and 

Copolymers Production: U.S. EPA is establishing a NESHAP for polyvinyl chloride and copolymers 

production. These rules establish emission standards that apply at all times, including periods of startup, 

shutdown and malfunction, for hazardous air pollutants from polyvinyl chloride and copolymers production 

located at major and area sources. Lastly, these rules include requirements to demonstrate initial and 

continuous compliance with the emission standards, including monitoring provisions, record keeping and 

reporting req\.lirements. 

Citation affected: 326 lAC 20-69-1. 

77 FR 49490, August 16,2012- Final Rule- Oil and Natural Gas Sector: New Source Performance 

Standards and National Emissions Standards for Hazardous Air Pollutants Review: U.S. EPA is 

finalizing the review of New Source Performance Standards (NSPS) for specified oil and natural gas source 

categories. This rule improves the existing NSPS and fin.alizes standards for certain crude oil and natural gas 

sources· that are not covered by existing NSPS for this sector. Some existing requirements for the NESHAPs 

were revised after an RTR analysis, and the SSM exemptions in the NESHAPs were also removed. This 

action also revised NSPS for Volatile Organic Compounds (VOCs) from leaking ,components at onshore 

natural gas processing plants and NSPS for S02 emissions from natural gas processing plants. 

Citation affected: 326 lAC 20-77-1. 

78 FR 6673, January 30, 2013- Final Rule- National Emission Standards for Hazardous Air 

· Pollutants for Reciprocating Internal Combustion Engines; New Source· Performance Standards for 

Stationary Internal Combustion Engines: U.S. EPA is finalizing amendments to the NESHAPs for 

stationary reciprocating internal combustion engines. Fil)al amendments include alternative testing options for 

certain large spark ignition (generally natural gas-fueled) stationary reCiprocating internal combustion 

engines, and management practices for a subset of existing spark ignition stationary reciprocating internal 

combustion engines in sparsely populated areas and alternative monitoring and compliance options for the 

same engines in populated areas. These final amendments also correct minor technical or editing errors in 

the current regulations for stationary reciprocating internal combustion engines. 

Citations affected: 326 lAC 12; 326 lAC 20-82. 

78 FR 7138, January 31,2013- Final Rule- National .Emission Standards for Hazardous Air 

Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters: 

In this rule, U.S. EPA is taking final action on reconsideration of certain issues in the emission standards for 

the control of hazardous air pollutants from certain sources under Section 112 of the Clean Air Act (CAA). 

U.S. EPA is making technical corrections to the final rule to clarify definitions, references, applicability and 

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Indiana Register 

·compliance issues raised by petitioners and other stakeholders affected by this rule. Work practice standards 

for start up and shutdown are also revised. 

Citation affected: 326 lAC 20-95. 

78 FR 10006, February 12, 2013- Final Rule- National Emission Standards for Hazardous Air 

Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for 

Portland Cement Plants: U.S. EPA is finalizing amendments to the NESHAP for Portland cement plants 

and to the NSPS for Portland cement plants issued under sections 112(d) and 111 (b) of the CAA. This action 

also addressed the remand in which the DC Circuit upheld all of the EPA's methodology for establishing the 

Portland cement NESHAP, and denied all petitions for review challenging the NSPS. Amended also in this 

rulemaking are various implementation requirements to provide more compliance flexibility for affected 

sources. 

Citations affected: 3261AC 20-27-1; 3261AC 12. 

IC 13-14-9-41dentification 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 notimposed under federal law. This draft rule imposes no restrictions or requirements because it is 

a direct adoption of federal requirements that are applicable to Indiana and contains no amendments that have a 

substantive effect on the scope or application of the federal rule. 

Potential Fiscal Impact . 

Updating the reference to the CFR to mean the July 1, 2013, edition in 3261AC 1-1-3 provides consistency 

between federal and state rules and does not establish any requirements to which the regulated sources are not 

already subject. There are no increased costs to the regulated entities due to this rulemaking. The proposed 

amendments to3261AC 1-1-3 will have no fiscal impact because the amendments are an incorporation of 

existing federal law and no impact beyond that already imposed by the federal law is imposed by this rulemaking. 

Public Participation and Work Group hiformation · 

At this time, no work group is planned for the rulemaking. If you feel that a work group or other informal 

discussion on the rule is appropriate, please contact Zachary Ruzycki, Rules Development Branch, Office of 

Legal Counsel at (317) 232-8229 or (800) 451-6027 (in Indiana). 

Small Business Assistance Information 

IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program 

provides assistance to small businesses and information regarding compliance with environmental regulations. In 

accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide 

a point of contact for small businesses affected by environmental regulations. Information on the CTAP program, 

the monthly CTAP newsletter, and other resources available can be found at: 

www.in.gov/idem/ctap 

Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: 

Jessica Faust-Hamblin · 

IDEM Small Business Regulatory Coordinator 

MC 60-04 IGCS W041 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(317) 232-8172 or (800) 988-7901 

ctap@idem.in.gov 

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is: 

Eric P. Shields · 

Indiana Economic Development Corporation 

One North Capitol, Suite 700 

Indianapolis, IN 46204 

(317) 234-3997 

smallbizombudsman@iedc.in.gov 

Resources available to regulated entities through the small business ombudsman include the ombudsman's 

duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter 

regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as 

a party to a proceeding or as a mediator. 

The Small Business Assistance Program Ombudsman is: 

Brad Baughn 

IDEM Small Business Assistance Program Ombudsman 

MC 50-01 IGCN 1301 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(317) 234-3386 or (800) 451-6027 

bbaughn@idem.in.gov 

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Indiana Register 

FINDINGS 

The commissioner of IDEM has prepared findings regarding this rulemaking updating references to the July 

1, 2013, edition of the CFR and the revisions to citations of federal standards that are incorporated by reference 

as required by federal rule. These findings are prepared under IC 13-14-9-8 and are as follows: 

(1) This rule is the direct adoption of federal requirements that are applicable to Indiana, and it contains no 

amendments that have a substantive effect on the scope or intended application of the federal rule. 

(2) Indiana is required by the Clean Air Act (CAA) to adopt these requirements as state rule. . 

(3) The environment and persons regulated or otherwise affected by the proposed rule will benefit from 

prompt adoption of this rule, because it alleviates unnecessary duplication of rulemaking efforts by the state 

by directly updating the references to the CFR that have been amended by the U.S. EPA. 

(4) I have determined that, under the specific circumstances pertaining to this rule, there would be no 

reasonably anticipated benefit to the environment or to persons regulated or otherwise affected by the 

proposed rule from the first or second written comment period under IC 13-14-9-3 or IC 13-14-9-4, or from 

the first public hearing under IC 13-14-9-5(a)(1 ). 

(5) The draft rule is hereby incorporated into these findings. 

Thomas W. Easterly 

Commissioner 

Indiana Department of Environmental Management 

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. Comments may be submitted in one of the 

following ways: . 

(1) By mail or common carrier to the following address: · 

LSA Document #13-50 1 

Zachary Ruzycki Mail Code 61-49 

Rules Development Branch 

Office of Legal Counsel . 

Indiana Department of Environmental Management 

100 North Senate Avenue · 

Indianapolis, IN 46204-2251 

(2) By facsimile to (317) 233-5967. Please confirm the timely receipt of faxed comments by calling the Rules 

Development Branch at (317) 234-6530. 

(:3.) By electronic mail to zruzycki@idem.in:gov. To confirm timely delivery of submitted comments, please 

request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments 

will NOT be considered part of the official written comment period unless they are sent to the email 

address indicated in this notice. 

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, 

Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana. 

Regardless of the delivery method used, in order to properly identify each comment with the rulemaking 

action it is intended to address, each comment document must clearly specify the LSA document number of the 

rulemaking. 

COMMENTPEruODDEADUNE 

All comments must be postmarked, faxed, or time stamped no later than December 20, 2013. Hand-delivered 

comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. 

Additional information regarding this action may be obtained from Zachary Ruzycki, Rules Development 

Branch, Office of Legal Counsel, (317) 232-8229 or (800) 451-6027 (in Indiana). 

DRAFT RULE 

SECTION 1. 3261AC 1-1-31S AMENDED TO READ AS FOLLOWS: 

326 lAC 1-1-3References to the Code of Federal Regulations 

Authority: I.C 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 3. Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) 

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Indiana Register 

shall mean ~he July 1, 2G44; 2013, edition*. 

*This body of documents is incorporated by reference. Copies may be obtained from the Government Printing 

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

Indiana Department of Environmental Management, Office of /\ir Quality, Legal Counsel, Indiana Government 

Center North, +effil:l. Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326/AC 1-1-3: filed Mar 10, 1988, 1:20 p.m.: 11/R 2369; filed Jan 6, 1989, 3:30 

p.m.: 12/R 1102; filed Dec 14, 1989, 9:35a.m.: 13/R 868; filed Aug 9, 1991, 11:00 a.m.: 14/R 2218; filed May 

25, 1994, 11:00 a.m.: 17/R 2237; filed Ju/25, 1995, 5:00p.m.: 18 IR 3381; filed Ju/25, 1997, 4:00p.m.: 20 IR 

3298; filed Oct 30, 2000, 2:13p.m.: 24/R 667; filed May 21, 2002, 10:20 a.m.: 25/R 3054; filed Aug 26, 2004, 

.11:30 a.m.: 28 IR 17; filed Oct 14, 2005, 10:00 a.m.: 29 IR 795; flied Mar 17, 2006, 1:00 p.m.: 29 IR 2517; filed 

Apr 26, 2007, 9:38a.m.: 20070523-/R- 326060412FRA; filed Apr 1, 2008, 9:59a.m.: 

20080430-/R-326070373FRA: filed Ju/1, 2009, 3:12p.m.: 20090729-/R- 326080901FRA: filed Oct 1,_2010, 3:49 

p.m.: 20101027-IR-326100112FRA; filed Mar 28, 2012, 12:51 p.m.: 20120425-IR-326110472FRA) . 

SECTION 2. 3261AC 1-2-6.51S AMENDED TO READ AS FOLLOWS: 

326 lAC 1-2-6.5 "Board" defined 

Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3 

Affected: IC 13-11-2-17 

Sec. 6.5. "Board" means the air pollution control environmental rules board. (Air Pollution Control Division; 

. 326/AC 1-2-6.5; filed Jan 26, 2000, 2:03p.m.: 23/R 1367) 

. SECTION 3. 326 lAC 11-6-2 IS AMENDED TO READ AS FOLLOWS: 

3261AC 11-6-2 Definitions 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 2. (a) Terms used in this rule have the meaning set forth in the following definition sections: 

(1) 40 CFR 60, Subpart Ce, Section 60.31e*. 

(2) 40 CFR 60, Subpart Ec, Section 60.51 c*. as amended at 74 FR 51408, October 6, 2009. 

(b) If a term is not defined in subsection (a)(1) or (a)(2), then the term has the meaning set forth in the CAA 

and 40' CFR 60, Subpart A* and 40 CFR 60, Subpart B*. 

*These documents are 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, Legal Counsel, Indiana Government 

Center North, +effil:l. Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. . . 

(Air Pollution Control Division; 326 /A C 11-6-2: filed Feb 9, 1999, 4:28p.m.: 22 IR 1964; readopted filed Jan 10, 

2001, 3:20p.m.: 24/R 1477; filed May 21, 2002, 10:20 a.m.: 25/R 3078; filedSep 28, 2011, 10:59 a.m.: 

20111 026-/R-3261 00l33FRA) 

SECTION 4. 326 lAC 11-6-4 IS AMENDED TO READ AS FOLLOWS: 

3261AC 11-6-4 Emission limits 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 4. (a) The designated facility shall not exceed the emission limits specified in the following: 

(1) 40 CFR 60, Subpart Ce, Table 1A*. as amended at 74 FR 51405, October 6, 2009, and 76 FR 18412, April 

4,2011. . 

(2) 40 CFR 60, Subpart Ec, Section 60.52c(b)(1)*. as amended at 74 FR 51409, October 6, 2009. 

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Indiana Register 

(b) The designated facility shall not exceed the emission limits, according to the compliance schedule in 

section 9 of this rule, specified in the following: . 

(1) 40 CFR 60, Subpart Co, Table 1 B*. as added at 74 FR 51406, October 6, 2009. 

(2) 40 CFR 60, Subpart Ec, Section 60.52c(b)(2)*. as amended at 74 FR 51409, October 6, 2009. 

(c) A designated facility, as defined in section 1 (a)(2) of this rule, shall comply with the emission limits in ·40 

CFR 60, Subpart Ec, Table 1A*. as amended at 74 FR 51414, October 6, 2009, or subsection (b), whichever 

applies the more stringent limit. 

*These documents are incorporated by reference. Copies may be obtained from the Government Printing 

Office, Washington, D.C. 20401 and are available for review and copying at the Indiana Department of 

Environmental Management, Office of Air Quality, Legal Counsel, Indiana Government Center North, +en#t 

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

(Air Pollution Control Division; 326 lAC 11-6-4; filed Feb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 fl.m.: 251R 3079; filed Sep 28, 2011, 10:59 a.m.: 

20111 026-IR-3261 00733FRA) 

SECTION 5. 326 lAC 11-6-6 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-6 Waste management plans 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 6. (a) The owner or operator of a designated facility shall prepare a waste management plan as specified 

in 40 CFR 60, Subpart Ec, Section 60.55c*. as amended at 74 FR 51409, October 6, 2009. 

(b) The waste management plan shall be submitted to the department by the date specified in 40 CFR 60, 

Subpart Ec, Section 60.58c(c)*. ' 

*These documents are 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, Legal Counsel, Indiana G9vernment 

Center North, +enth Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 3261AC 11-6-6; filed Feb 9, 1999, 4:28p.m.: 221R 1965; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 a.m.: 251R 3079; fifed Sep 28, 2011, 10:59 a.m.: 

20111 026-IR-3261 00733FRA) 

SECTION 6. 326 lAC 11-6-7 IS AMENDED TO READ AS FOLLOWS: 

3261AC 11-6-7 Compliance, performance testing, and monitoring 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 7. (a) Performance tests shall be conducted and compliance shall be determined in accordance with the 

test methods and procedures found in 40 CFR 60, Subpart Ec, Section 60.56c*, as amended at 74 FR 51409, 

October 6, 2009, excluding the following: 

(1) Annual fugitive emissions testing requirements under Section 60.56c(c)(3)*. as amended at 74 FR 61409, 

October 6, 2009. 

(2) Carbon monoxide continuous emissions monitoring (CO GEMS) requirements under Section 60.56c(c)(4)*. 

as amended at 74 FR 51409, October 6, 2009. 

(3) Compliance monitoring requirements for monitoring listed in tho following: 

(A) Section 60.56c(c)(5)(ii) through 60.56c(c)(5)(v)*. as amended at 74 FR 51409, October 6, 2009. 

(B) Section 60.56c(c)(6)*. as amended at 74 FR 51409, October 6, 2009. 

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Indiana Register 

(C) Section 60.56c(c)(7)*. as added at 74 FR 51409, October e, 2009. 

(D) Section 60.56c(e)(6) though 60.56c(e)(1 0)*. as added at 74 FR 51409, October e, 2009. 

(E) Section 60.56c(f)(7) through 60.56c(f)(10)*. as added at 74 FR 51409, October e, 2009. 

(F) Section 60.56c(g)(6) through 60.56c(g)(10)*. as added at 74 FR 51409, October e, 2009. 

Sources subject to the omission limits in section 4(b) of this rule may elect to use CO CEMS as specified 

under Section 60.56c(c)(4)* as added at 74 FR 51409, October e, 2009, or bag leak detection systems as 

specified in Section 60.57c(h)*. as added at 74 FR 51412, October e, 2009. 

(b) The performance testing shall also meet the requirements of 326 lAC 3-6, source sampling procedures, 

including the submittal of a test protocol not later than thirty-five (35) days prior to the intended test date. The test 

methods in 40 CFR 60, Subpart Ec, Section 60.56c*, as amended at 74 FR 51409, October e, 2009, shall not be 

modified unless approved by the U.S. EPA administrator. 

(c) The owner or operator of a designated facility shall comply with the monitoring requirements specified in 40 

CFR 60, Subpart Ec, Section 60.57c*. as amended at 74 FR 51412, October e, 2009. 

(d) The owner or operator of a designated facility may use the results of previous emissions tests to 

demonstrate compliance with the emission limits in section 4(b) or 4(c) of this rule, provided that the owner or 

operator follows the conditions in 40 CFR 60, Subpart Co, Section 60.37e(f)*. as added at 74 FR 51403, October 

e, 2009. 

*These documents are 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 Office of /\ir· Quality, Legal Counsel, Indiana 

Government Center North, +eA#t Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 3261AC 11-6-7: filed Feb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filed Jan 10, 

2001, 3:20p.m.: 241R 1477; filed May 21, 2002, 10:20 a.m.: 251R 3080; filed Sep 28, .2011, 10:59 a.m.: 

20111 026-IR-3261 00733FRA) 

SECTION 7. 326 lAC 11-6-7.1 IS AMENDED TO READ AS FOLLOWS: 

3261AC 11-6-7.11nspection requirements 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 7.1. (a) The owner or operator of a designated facility shall undergo the following: 

(1) An initial equipment inspection that meets the requirements specified in 40 CFR 60, Subpart Co, Section 

60.36e(a)(1) and 60.36o(a)(2)*, as amqndod at 74 FR 51403, October 6, 2009, within one (1) year after tRe 

effective date of the 2011 amendments to this rule. October 28, 2011. . 

(2) An equipment inspection annually thereafter, but not more than twelve (12) months following the previous 

annual equipment inspection, as outlined in subdivision (1). 

(b) The owner or operator of a designated facility shall undergo the following: 

(1) An initial air pollution control device inspection that meets the requirements specified in 40 CFR 60, 

Subpart Co, Section 60.36e(c)(1) and 60.36e(c)(2)*, as added at 74 FR 51403, October 6, 2009, within one (1) 

year after tho effective date of the 2011 amendments to this rule. October 28, 2011. 

(2) An equipment inspection annually thereafter, but not more than twelve (12) months following the previous 

annual equipment inspection, as outlined in subdivision (1 ). 

*These documents are 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 

lndia·na Department of Environmental Management, Office of Air Quality, Legal Counsel, Indiana Government 

Center North, +eA#t Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204 . 

. (Air Pollution Control Division; 326 lAC 11-6-7.1; filed Sep 28, 2011, 10:59 a.m.: 20111 026-IR-3261 00733FRA; 

errata filed Dec 6, 2011, 11:02 a.m.: 20111221-IR-326110743ACA) 

Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501 FDA Page 7 
Indiana Register 

. SECTION 8. 326 lAC 11-6-8 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-8 Reporting and record keeping requirements 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 8. (a) The owner or operator of a designated facility shall comply with the reporting and record keeping 

requirements in 40 CFR 60, Subpart Ec, Section 60.58c(b) through 60.58c(g)*, as amended at 74 FR 51413, 

October 6, 2009, and 76 FR 18413, April 4, 2011, excluding the following: 

(1) 40 CFR 60, Subpart Ec, Section 60.58c(b)(2)(xviii) (bag leak detection system alarms)*. as added at 74 FR 

51413, October 6, 2009. 

(2) 40 CFR 60, Subpart Ec, Section 60.58c(b)(2)(xix) (CO CEMS data)*. as added at 74 FR 51413, October 6, 

200-9,. . 

(3) 40 CFR 60, Subpart Ec, 60.58c(b)(7) (siting)*. 

(b) The owner or operator of a designated facility shall maintain records of the annual equipment inspections 

that are required under section 7.1 of this rule, any required maintenance, and any repairs not completed within 

ten (10) days of an inspection. 

*These documents are 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, Legal Counsel, Indiana Government 

Center North, +effil:l. Thirteenth Floor, 100 Nqrth Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326/AC 11-6-8; tiled Feb 9, 1999,4:28 p.m.: 22/R 1966; readopted filed Jan 10, 

2001, 3:20p.m.: 24/R 1477; tiled May 21, 2002, 10:20 a.m.: 25/R 3080; filed Sep 28, 2011, 10:59 a.m.: 

20111 026-/R-3261 00733FRA) · 

SECT[ON 9. 326 lAC 11-9-3 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-9-3 Requirements; incorporation by reference of federal standards 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 3. The air pollution control board incorporates by reference the following sections of 40 CFR 60, Subpart 

FFFF, Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units that Commenced 

Construction On or Before December 9, 2004: · 

(1) 40 CFR 60.3000 through 40 CFR 60.3002 Compliance Schedule*. 

(2) 40 CFR 60.3010 through 40 CFR 60.3012 Waste Management Plan*. 

(3) 40 CFR 60.3014 through 40 CFR 60.3020 Operator Train in§ and Qualification*. 

(4) 40 CFR 60.3022 through 40 CFR 60.3025 Emission Limitations and Operating Limits*. as amended by 71 

FR 67806 (November 24, :2006)*. 

(5) 40 CFR 60.3027 and 40 CFR 60.3028 Performance Testing*. 

(6) 40 CFR 60.3030 and 40 CFR 60.3031 Initial Compliance Requirements*. 

(7) 40 CFR 60.3033 tlirough 40 CFR 60.3036 Continuous Compliance Requirements*. 

(8) 40 CFR 60.3038 through 40 CFR 60.3044 Monitoring*. 

(9) 40 CFR 60.3046 through 40 CFR 60.3057 Record Keeping and Reporting*. 

(10) 40 CFR 60.3059 and 40 CFR 60.3060 Title V Operating Permits*. 

(11) 40 CFR 60.3061 Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery*. 

(12) 40 CFR 60.3062 through 40 CFR 60.3069 Air Curtain Incinerators that Burn Only Wood Waste, Clean 

Lumber, and Yard Waste*. 

(13) 40 CFR 60.3076 Equations*. 

(14) 40 CFR 60.3078 Definitions*. 

(15) 40 CFR 60, Subpart FFFF, Tables 1 through 5*, a~ amended by 71 FR 67806 (November 24, 2006)*. 

*These documents are incorporated by reference and may be obtained from the Government Printing Office, 

732 North Capitol, Washington, D.C. 20401. or are available for copying at the Indiana Department of 

Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page 8 
Indiana Register 

Environmental Management, Office of /\ir Quality, Legal Counsel, Indiana Government Center North, +effil:t 

Thirteenth Floor, ·1 00 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 326 lAC 11-9-3: filed Jul1 0, 2007, 2:19p.m.: 20070808-IR-326060437FRA) 

SECTION 10. 3261AC 20-95-11S AMENDED TO READ AS FOLLOWS: 

326 lAC 20-95-1 Applicability; incorporation by reference of federal standards 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to sources as provided in the July 1, 2010, edition of 40 CFR 63.7485*. 

{b) The air pollution control board incorporates by reference the July 1, 2010, edition of 40 CFR 63, Subpart 

DDDDD*, national emission standards for hazardous air pollutants for industrial, commercial", and institutional 

boilers and process heaters. 

. (c) Owners and operators may use the emission averaging provisions as specified under the July 1, 2010, 

edition of40 CFR 63.7522*. 

(d) Under 326 lAC 3-6, source sampling procedures, a test protocol form for an emissions test is due thirty-five 

(35) days before the intended test date. 

*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 Eiwironmental Management, Office of /\ir Quality, Legal Counsel, Indiana Government Center 

North, +effih. Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

(Air Pollution Control Division; 3261AC 20-95-1; filed Nov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA: filed 

Mar 28, 2012, 12:51 p.m.: 20120425-IR-326110472FRA) . 

Notice of Public Hearing 

Posted: 11/20/2013 by Legislative Services Agency 

An html version of this document. 

Date: Jan 14;2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page 9 
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

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

Michael R. Pence 

Governor 

Thomas W. Easterly 

Commissioner 

March 17, 2014 

CERTIFICATE OF PUBLICATION 

This is to certify that the Indiana Department of Environmental Management (IDEM) Legal 

Notice is providing an opportunity for a public hearing regarding: 

• Revisions to Ozone and PM2.

5 Standards, LSA #13-358 

• Updates to References to the Code of Federal Regulations, 2013 CFR Update, LSA #13-

501 

were published on IDEM's web site on or before March 19, 2014. It will remain posted on the 

site until at least April21, 2014. 

The notice in full may be found at the following web address, under the "Statewide" category. 

http://www.in.gov/idem/6777 .htm 

Web publication of the notice was at the request of Christine Pedersen, Section Chief, Rule 

Development Section, Office ofLegal Counsel, IDEM. 

Attachments: 

Copy of web page as published. 

An Equal Opportunity Employer 

By: 

Mike Finkelstein 

IDEM Webmaster 

0 

A State that Works 

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Teltt Fin:lanft.£F-!n=y · Fin:la Rmon Center Onlinz Se01ice3 Help A-i!J,/l,+ 

fit IDEM Home 

Feawrec! l"opicS 

- ---

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News and EV·Eiilts 

Pubitt Wotlces 

Sheets 

Fo·rms 

M:aps 

IMes 

AbOimt 

Your EnvMmmment 

AlrQuaHty 

AilrToxics Program 

B I Afg,a:e 

Clean Watei: m lmdlana 

En'llironmemal Health 

lechmlcaL 

PUBliC 

nG'tires oo reiJil]ireOI :oy statllie or role ·inelucfmg:: p.grml1rting, mten;akin!J', , "''"'I"Yt 

· illlimmamon reJmro tll 1n'ii! ri01iica F;:yr pub<lic fi'\i!etings nilt ruotices,plea:se cl'ii!lilt tl 

Su:bscri-ptlllllS: Vilaltt lio !mroil'c a.oout new-!!ID&ices as SOOill oo lllhey're Yot1 can now 

reg:ion, Y,Cill wJlllJe sem an e-mail! •tlr1ll'X!: mes:sage to your poone every ·time rDEM 

.atll-Jl'tiS'titl1g\ :and !lffil'er miss a ns•r posting!. Io s!ll:i<soibe, cUe!: oo t:l1li! link ill 

State'lltide 

TI'Jie of NoticeJE1'ent 

GOVERNOR 

1\tiiKE PENC

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LEGAL NOTICE 

Revisions to Ozone and PM2.5 Standards and 

Updates to References to the Code of Federal Regulations 

Notice is hereby given under 40 CFR 51,102 that the Indiana Department of 

Environmental Management (IDEM) is providing an opportunity for a public hearing regarding 

revisions to: a rule concerning the national ambient air quality standards for the 2008 8-hour 

ozone standard, and the 2012 annual particulate matter with an aerodynamic diameter less than 

or equal to 2.5 micrometers (PM2.s) standard at 326 lAC 1-3-4; and a rule concerning an update 

to 326 lAC 1-1-3 to revise the reference to the Code of Federal Regulations (CFR) to mean the 

July 1, 2013, edition, to 326 lAC 11-6 to remove. obsolete language; and to 326 lAC 20-95-1 to 

update a reference to the CFR. All interested persons are invited and will be given a reasonable 

opportunity to express their views concerning the proposed rules. 

Copies of the proposed air program rules are also available to any person upon request, 

may be viewed online via the Internet from local libraries, and are available for public inspection 

at the following locations: 

Indiana Department of Environmental Management, Office of Legal Counsel, Indiana 

Government Center-North, 100 North Senate Avenue, 13th Floor, Indianapolis, Indiana 46204. 

Indiana Department of Environmental Management, Northwest Office, 330 West US 

Highway 30, Suites E and F, Valparaiso, IN.46385. 

Indiana Department of Environmental Management, Northern Office, Suite 450, 300 N. 

Michigan Street, South Bend, Indiana 46601. 

Indiana Depatiment of Environmental Management, Southwest Office, 1120 North 

Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. 

Indiana Depatiment of Environmental Management, Southeast Office, 820 West Sweet 

Street, Brownstown, Indiana 47220-9557. 

Legislative Services Agency, Indiana Government Center-Nmih, 100 North Senate 

Avenue, Room N201, Indianapolis, Indiana 46204. · 

The following air program rules are noticed for the public hearing: 

Ozone and PM2.5 Standards (LSA # 13-358). The purpose of this hearing is to receive public 

comment on amenaments to 326 lAC 1-:3-4 concerning the national ambient air quality standards 

for the 2008 8-hour ozone standard, and the 2012 annual particulate matter with an aerodynamic 

diameter less than or equal to 2.5 micrometers (PM2.5) standard. This rule will be submitted to 

the United States Environmental Protection Agency as a revision to the State Implementatio.p. 

Plan required by the Clean.Air Act. A copy of the most re.cently published version of this rule is 

available at: http://www.in.gov/idem/5679.htm. 

2013 CFR Update (LSA # 13-501). The purpose of this hearing is to receive public comment 

on amendments to 326 lAC 1-1-3 concerning an update to references to the CPR to mean the 

July 1, 2013, edition, to 326 lAC 11-6 to remove obsolete language, and to 326 lAC 20-95-1 to 

update a reference to the CFR. This rule will be submitted to the United States Environmental 

Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. 
A copy of the most recently published version of this rule is available at: 

http://www.in.gov/idem/567'9.htm. 

Requests f01~a public hearing must be submitted on or before April21, 2014. If no 

timely request for a public hearing is received a hearing will not be held. Interested parties can 

contact Christine Pedersen at the contact information listed below to see if a hearing has been 

scheduled. If a hearing is scheduled another legal notice will be published stating the date, time, 

and location of the meeting. 

For additional information contact Christine Pedersen, at the Indiana Department of 

Environmental Management, Rules Development Branch, Mail Code 60-01, Office of Legal 

Counsel, Indiana Government Center North, 100 North Senate A venue, Indianapolis, Indiana, 

46204, e-mail at cpederse@idem.in.gov, or call (317) 233-5684 or (800) 451-6027 ext. 3-5684 

(in Indiana). · . 

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BEFORE THE STATE OF INDIANA 

ENVIRONMENTAL RULES BOARD 

PUBLIC MEETING OF APRIL 9, 2014 

ORIGINAL 

PROCEEDINGS 

before the Indiana Environmental Rules Board, 

Beverly Gard, 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 A, 402 West Washington Street, Indianapolis, 

Indiana, on Wednesday, April 9, 2014 at 1:31 

o 1 clock p.m. 

William F. Daniels, RPR/CP CM d/b/a 

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 

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APPEARANCES: 

BOARD MEMBERS: 

Beverly Gard, Chairman 

Thomas R. Anderson 

Gary Powdrill 

Dr. Ted Niemiec 

Joanne Alexandrovich 

Kelly Carmichael 

Ken Rulon 

Chris Horn 

Gail Boydston 

Calvin Davidson 

Mike Mettler, Proxy, Department of 

Health 

Pamela Fisher, Proxy, Indiana Economic 

Development Corporation 

David Bausman, Proxy, Lieutenant 

Governor 

Thomas W. Easterly (nonvoting) 

IDEM STAFF MEMBERS: 

Keith Baugues 

Chris Pedersen 

Susan Bern 

MaryAnn Stevens 

Bruno Pigott 

Paul Dubenetzky 

Martha Clark Mettler 

Nancy King 

Betsy Rouse 

Janet Pittman 

ON BEHALF OF THE EPA: 

Susan Hedman, Region V Regional Administrator 

PUBLIC SPEAKERS: 

Jennifer Thompson 

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3 CHAIRMAN GARD: 

1:31 o'clock p.m. 

April 9, 2014 

I'm Beverly Gard, the 

4 Chair of the Environmental Rules Board, and I 

5 call the meeting to order. It appears that a 

6 quorum is present. I'm going start with the 

7 Commissioner and go around the room, and then I 

8 have a special introduction. 

9 COMM. EASTERLY: So, I'm Tom 

10 Easterly, the Commissioner of the Indiana 

11 Department of Environmental Management. 

12 MR. BAUSMAN: David Bausman, Director 

13 of Policy, Indiana State Department of Ag, proxy 

14 for the Lieutenant Governor. 

15 MR. METTLER: Mike Mettler, the proxy 

16 for the State Health Commissioner, Dr. VanNess. 

17 MS. FISHER: Pam Fisher, proxy for 

18 Secretary of Commerce Victor Smith. 

19 MS. BOYDSTON: Gail Boydston, 

20 representing manufacturing. 

21 CHAIRf"lAN GARD: Beverly Gard, general 

22 public. 

23 MR. POWDRILL: Gary Powdrill, 

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MR. METTLER: Yes. 

CHAIRMAN GARD: Mr. Bausman? 

MR. BAUSMAN: Yes. 

CHAIRMAN GARD: Mr. Smith? 

MR. POWDRILL: Not here. 

CHAIRMAN GARD: Not here. And the 

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7 Chairman votes aye. Thirteen ayes and zero nays, 

8 so the motion has passed. 

9 This will be a public hearing before the 

10 Environmental Rules Board concerning final 

11 adoption of amendments to rules at 326 IAC 1, 

12 326 IAC 11 and 326 IAC 20, updating references to 

13 the Code of Federal Regulations for CFR in the 

14 rules. I will now introduce Exhibit B, the draft 

15 rules, into the record for the hearing. 

16 And again, Chris is going to present the 

17 rule. 

18 MS. PEDERSEN: This rule has about 

19 three primary functions I wanted to discuss 

20 briefly. The first purpose of this rule is to 

21 update the reference to the Code of Federal 

22 Regulations, or CFR, in 326 IAC 1-1-3, to the 

23 July 1st, 2013 ed~tion. 
29 

1 Basically in our rules, we often reference 

2 federal regulations in the CFR, and what this 

3 does is, throughout our rules, it updates the 

4 version that is incorporated to the most current 

5 version and keeps them up to date. 

6 This also -- this rule also will remove 

7 older CFR dates in 326 IAC 20-95-1, so those 

8 references now also will be in the 2013 edition. 

9 The last revision to the CFR was a 

10 reference to the July 1st of 2011. This means 

11 that we have two years' worth of final rules from 

12 the Federal Register that are being incorporated 

13 at this time. The update was necessary because 

14 Indiana does not allow automatic updates within 

15 our rules to the federal regulations. 

16 Most of the significant federal actions 

17 during this time were revisions to the National 

18 Emission Standards for Hazardous Air Pollutants, 

19 or NESHAP's, for various industry sectors, and 

20 there were some other things, too. 

21 The second purpose of the rule, we're 

22 removing obsolete references to the Federal 

23 Register in 326 IAC 11-6. These are related to 
1 hospital, medical and infectious waste 

2 incinerators, and over time what we have done is 

3 when new federal regulations would come out in 

4 the Federal Register, we would incorporate those 

5 into our rules as a Federal Register. 

30 

6 Once the new edition of the CFR comes out, 

7 those Federal Register references are 

8 incorporated into that, and so they're no longer 

9 needed and they become obsolete. So, this is 

10 basically removing obsolete references. 

11 We are also amending the definition of 

12 "board" at 326 lAC 1-2-6.5 to mean the 

13 Environmental Rules Board rather than the Air 

14 Pollution Control Board, and we're also updating 

15 some references to the Office of Legal Counsel 

16 due to the consolidation of the rulemaking 

17 function. 

18 IDEM recommends the adoption of this rule. 

19 CHAIRMAN GARD: Are there any 

20 questions for Chris? 

21 (No response.) 

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CHAIRMAN GARD: None? Thank you. 

The hearing is concluded -- no, excuse me. 
1 We have one person that has signed up, Jennifer 

2 Thompson. 

3 I'm sorry. 

MS. THOMPSON: Hi. My name's 

Jennifer Thompson. I'm an attorney with the law 

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firm of Bingham Greenebaum Doll. 

on behalf of the CASE Coalition. 

I'm here today 

The CASE stands 

for Clean Air, Strong Economy. The CASE 

9 Coalition is the Indiana-based association of 

10 industrial and manufacturing comp~nies each with 

11 significant operations in Indiana. 

12 The CASE Coalition supports swift 

13 incorporation of federal regulations into Indiana 

14 law, because any delay in incorporating or 

15 updating these references can place Indiana 

16 companies at a competitive disadvantage with 

17 out-of-state competitors. In this regard, the 

18 CASE Coalition supports the CFR Update Rules. 

19 However, the CASE Coalition has some questions 

20 regarding the 2013 CFR Update Rule that's before 

21 the Board today. 

22 CASE's concerns involve the Comme~cial and 

23 Industrial Solid Waste Incineration Units, 
1 otherwise known as CISWI Units/ New Source 

2 Performance Standards 1 and a companion rule 

3 entitled the Nonhazardous Secondary Materials 

4 That Are Solid Waste Rule/ both of which were 

5 amended in 2013 1 and that will be incorpor --

6 which one will be incorporated by reference 

7 today. 

8 The history of these -- both of these 

9 rules is very complex and confusing. Therefore 1 

10 I'm going to limit my testimony to our concerns/ 

11 and I'll let IDEM explain any background 

12 information that it deems appropriate on these 

13 rules. 

14 In short/ the applicability of this CISWI 

15 rule 1 New Source Performance Standard 1 is 

16 dependent upon a definition of the term "CISWI 

17 Unit." That definition is found at 

18 40 CFR 60.2265 1 and it reads 1 in part 1 "any 

19 distinct operating unit of any commercial or 

20 industrial facility that combusts or has 

21 combusted in the preceding six months any solid 

22 waste as that term is defined in 40 CFR 

23 Part 241." 

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And the key part of that definition that 

we're questioning is the last phrase, "as that 

term is defined in 40 CFR Part 241. So, this 

33 

really determines whether your unit is ap -- your 

facility or your units are subject to this 

rulemaking through this definition, which cites a 

federal definition of solid waste. 

40 CFR Part 241 was created by the 

Nonhazardous Secondary Materials That Are Solid 

Waste Rule. However, 40 CFR Part 241 has not 

been adopted into Indiana's Solid Waste Rules, 

nor does this rulemaking today propose to adopt 

40 CFR Part 241. 

This raises the question of whether the 

Board needs to adopt 40 CFR 241 into the Solid 

Waste Rules to effectuate the federal amendments 

to the CISWI Rule, or does incorporation of the 

definition of "CISWI Unit" that I read to you in 

40 CFR 60.2265 pull this federal definition of 

solid waste into the air rules for purposes of 

the CISWI rule? 

CASE contacted IDEM regarding this issue 

and was not given a direct answer as to why the 
1 solid waste rules have not or were not being 

2 amended consistent with 40 CFR 241. 

3 Because this rulemaking was noticed as an 

4 expedited rulemaking in accordance with Indiana 

5 Code 13-14-9-8, it must be an incorporation of 

6 the federal law or regulation that contains no 

7 amendments that have a substantive effect on the 

8 scope or intended application of the federal law 

9 or this rule. 

10 The CASE Coalition is seeking 

34 

11 clarification from IDEM and/or the Board that the 

12 federal rules being incorporated by reference are 

13 being -- are being incorporated by reference in 

14 total, including this definition of solid waste 

15 in 40 CFR Part 241. 

16 Promulgating multiple rules together or 

17 companion rules which both in part determine the 

18 applicability and/or requirements of the other 

19 for sources has become a trend with U.S. EPA, and 

20 this is an issue that IDEM and the Board must be 

21 aware of when you're incorporating federal rules 

22 into Indiana rules. 

23 The CASE Coalition appreciates the 
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opportunity to raise this issue with the Board. 

Thank you. 

CHAIRMAN GARD: Thank you. 

Any questions from members of the Board? 

MS. ALEXANDROVICH: 

one. 

CHAIRMAN GARD: Yes. 

MS. ALEXANDROVICH: 

of numbers and definitions. 

Yeah, I 1 ve got 

There were a lot 

35 

MS. THOMPSON: And I tried to make it 

easy, trust me. 

MS. ALEXANDROVICH: But how -- by 

adopting this incorporation, how will that affect 

the members of CASE? 

MS. THOMPSON: The CASE Coalition is 

particularly interested in this rulemaking not 

because -- I haven 1 t polled them to find out if 

any of them are CISWI units, but we are 

particularly interested in the latter part of my 

testimony, that EPA has started a trend where 

they have more than one rulemaking that really 

need to be read together to figure out the 

applicability of the other. 
36 

1 And this is one of those rulemakings where 

2 the CISWI rule and this other rule that EPA 

3 adopted that define solid waste -- and to give 

4 you, I guess, a little background, it 

5 particularly tells you what -- which solid 

6 wastes, if you burn them as fuel, are considered 

7 solid waste. 

8 And they go through -- there's some --

9 some of them have to go through a test, others 

10 are specifically listed, and it says, "These are 

11 not solid wastei therefore, you wouldn't be a 

12 CISWI Unit if you were burning these." However, 

13 the state has not adopted that same rule for 

14 solid waste. 

15 And because this is an issue that 

16 determines whether or not the whole -- it's an 

17 applicability issue, it's not just hidden in 

18 another rule that says, "This standard must 

19 apply, and for this standard, we define this term 

20 as." 

21 This is the crux of the rule. That's why 

22 the CASE Coalition is involved today. They want 

23 to see the federal rules incorporated correctly 
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when they get into Indiana's rules. 

MS. ALEXANDROVICH: Uh-huh. Okay. 

MS. THOMPSON: And this leaves a hole 

that we think -- like I said, we raised this 

issue with the rulemaking staff and didn't really 

get a good answer as to why they're not 

incorporating Part 241. I think originally maybe 

this action started when the boards were 

separate, and maybe the issues were viewed as 

dist~nct because normally a rulemaking didn't 

cross over from Air to Solid Waste. 

But I think this is a perfect opportunity 

for this Board to look at this issue that there 

are multimedia rules that go through, and no 

one's better to look it this than you now, 

because you can pass both air and solid waste 

rules. 

CHAIRMAN GARD: I'm looking through 

the history of this rule, and I note that there 

were no comments received during the official --

MS. THOMPSON: Right. 

CHAIRMAN GARD: -- comment period. 

MS. THOMPSON: We tried to -- we were 
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CHAIRMAN GARD: But it helps us 

MS. THOMPSON: And we were --

CHAIRMAN GARD: But it helps us if 

you make comment, and we -- there's a public 

record, which we have the opportunity to see. 

MS. THOMPSON: Right, and when we 

were looking for an ans -- we thought there'd be 

an answer and there wasn't, and so it was past 

the public comment period at that point. 

CHAIRMAN GARD: Commissioner, do you 

want to comment? 

COMM. EASTERLY: Well, this is the 

38 

first I've heard of this, but I know that we, the 

state, are not prepared to adopt, for purposes of 

solid waste, the 40 CFR 241, but we have to here 

for the purposes of the CISWI Rule. So, in our 

mind, it only applies for the CISWI facilities, 

not as the definition of solid waste in the State 

of Indiana, which there's a long, complex history 

of what the definition of solid waste is, and our 

people are working on it, but they're not 

prepared to say that's the right definition yet. 
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39 

1 MS. THOMPSON: And I guess what we're 

2 looking for is some clarification that for 

3 purposes of the CISWI Rule --

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COMM. EASTERLY: Yes. 

MS. THOMPSON: -- that definition 

6 applies/ and that's --we weren't getting that 

7 complete answer 1 so we're looking for it today. 

8 COMM. EASTERLY: That's the only 

9 place we'd want it to apply 1 because it has to. 

10 MS. THOMPSON: So 1 it comes through 

11 the definition -- you pull it in through the 

12 definition of CISWI Unit? 

13 

14 

15 

COMM. EASTERLY: Yes. 

MS. THOMPSON: Okay. 

COMM. EASTERLY: I'm not a lawyer 1 

16 you are; that's the problem. 

17 (Laughter.) 

18 COMM. EASTERLY: But that's our 

19 intent. Our intent is not to change the current 

20 definition of solid waste in Indiana. 

21 

22 

MS. THOMPSON: Yes. 

MR. CARMICHAEL: In this limited 

23 application/ does the state have a separate 
40 

l 

I 

\ 

1 definition? 

2 COMM. EASTERLY: Yes. 

3 MR. CARMICHAEL: It does? 

4 COMM. EASTERLY: And we aren't 

5 prepared to change that yet. 

6 MR. CARMICHAEL: For the CISWI Rule? 

7 COMM. EASTERLY: Oh, no, we have a 

8 separate definition for -- of solid waste. 

9 MR. CARMICHAEL: Right. But for the 

10 purposes of the CISWI Rule, is there a separate 

11 definition in the state? 

12 COMM. EASTERLY: By incorporation 

13 into the CISWI Rule. There's a definition in the 

14 rule. 

15 CHAIRMAN GARD: And that's not a 

16 particularly unusual situation, is it, within 

17 environmental? 

18 COMM. EASTERLY: I'm afraid not. 

19 CHAIRMAN GARD: I recall a number of 

20 situations that we had that. 

21 But I would encourage you in the future, 

22 if you have a comment, a comment would be 

23 appropriate, because it at least lets the Board 
41 

1 know a little sooner what your concerns are. 

2 MS. THOMPSON: We will 1 in the 

3 future 1 if it's brought to our attention in time. 

4 

5 

CHAIRMAN GARD: 

MR. POWDRILL: 

Gary. 

Jennifer/ given that 

6 this rule is up for final adoption --

7 

8 adoption. 

9 

10 

11 

12 

13 

14 

to 

to 

see done? 

see done? 

MS. THOMPSON: 

MR. POWDRILL: 

Based on your 

MS. THOMPSON: 

MR. POWDRILL: 

MS. THOMPSON: 

Right 1 it's a one-time 

-- what would you like 

testimony 

Right. We 

-- what would you like 

Well 1 we were looking 

15 for a reason why 241 wasn't being adopted into 

16 the Solid Waste Rules/ and assurance that 

17 part 241 1 for purposes of the definition of solid 

18 waste for CISWI is the correct definition/ but I 

19 guess those 

20 MR. POWDRILL: Did you get those two 

21 wishes satisfied? 

22 MS. THOMPSON: I got -- I think. I'm 

23 not sure legally-- I think it's called secondary 
1 incorporation, but I 1 m not positive that that 1 s 

2 what Tom was saying, that through the definition 

3 of 11 CISWI Unit 11 in the CISWI Rules that you are 

4 incorporating today, it references a federal 

5 rule, a different federal rule, for purposes 

6 of defining 11 CISWI Unit, 11 that you 1 re pulling 

7 that into the Air Rules. 

42 

8 

9 

10 

11 

MR. POWDRILL: So, the answer is yes? 

COMM. EASTERLY: Just to define that. 

MS. THOMPSON: Yeah. 

that it is the crux of the rule. 

My concern is 

It is the 

12 applicability of the rule as to whether or not 

13 you are a CISWI Unit. It 1 s not just a 

14 requirement that you do X, Y and Z, and Z is 

15 

16 

defined as this. It is whether or not you apply 

or not. So, I can see that there could be an 

17 issue with the state having a different 

18 definition of solid waste. That 1 s why it rose to 

19 the level of wanting a clarification. 

20 

21 

22 

MR. POWDRILL: Thank you. 

CHAIRMAN GARD: Any other 

MS. ALEXANDROVICH: Can I ask a 

23 question of Tom? Do the Solid Waste Rules have 
43 

1 the same kind of SIP issues like the Air Rules? 

2 COMM. EASTERLY: Not pure solid 

3 waste, because that's not a federal program, in 

4 general. The Hazardous Waste Rules do. We have 

5 to update our Hazardous Waste Rules routinely to 

6 keep our federal hazardous waste delegation. But 

7 solid waste, with minor exceptions, has always 

8 been a nonfederal program. 

9 MS. ALEXANDROVICH: . \ Except there is a 

10 federal definition? 

11 COMM. EASTERLY: Federal definition, 

12 there is one, yes, and it's got challenges. In 

13 fact, there's been God knows how many, 20 federal 

14 definitions, but this one is just -- if you're --

15 for our purposes, if you're a CISWI -- might be a 

16 CISWI facility, this 40 CFR Part 241 determines 

17 whether you're subject to CISWI or not. That's 

18 the only reason it's used in the State of 

19 Indiana. 

20 MS. ALEXANDROVICH: Right. I 

21 understand. I was just wanting -- you know, 

22 because like with nonapproved SIP's, if you don't 

23 incorporate everything so there's a clear answer, 
1 which/ you know 1 sometimes when you get a clear 

2 answer/ there isn't 1 but that's another point 1 

3 but it always leaves those facilities open to 

4 

5 

uncertainty. That's just my only point. 

COMM. EASTERLY: So 1 in my view of 

6 the world 1 if we didn't incorporate this this 

7 way 1 then they're still subject to those exact 

8 same requirements under federal lawi it just 

9 won't be the same as the state law. 

10 

11 

MS. ALEXANDROVICH: Uh-huh. 

COMM. EASTERLY: That's all part of 

12 the definition under the federal CISWI thing. 

13 S0 1 you're still subject to the federal law 1 

14 whether or not we adopt it. 

15 

16 

17 question is: 

MS. ALEXANDROVICH: Uh-huh. 

MR. CARMICHAEL: But the crux of the 

Is there ambiguity in the 

18 applicability of the definition/ or is it clear 

19 to the regulated entities? 

20 COMM. EASTERLY: I think it's clear. 

21 We said 1 "Here's the definition that determines 

22 whether the CISWI Rule is applicable to you 1 if 

23 you have this definition of solid waste 1 " which 

44 
45 

1 is/ granted 1 different than our state definition. 

2 CHAIRMAN GARD: And I think I can say 

3 with certainty that if we start changing -- this 

4 Board starts changing the state definition of 

5 solid waste 1 we're --

6 

7 

COMM. EASTERLY: 

CHAIRMAN GARD: 

It'll take a while. 

-- opening a bag of 

8 worms. 

9 

10 

11 

MS. THOMPSON: Right and I wasn't 

suggesting that. I just didn't know if there 

needed to be clarity in this rule. Unlike the 

12 NESHAP 1 S 1 where each rule has its own section of 

13 the rule and it talks about each type of 

14 facility 1 the New Source Performance Standards 

15 only have three rules 1 and it just incorporates 

16 the 40 CFR Part 60 in three very generic rules 1 

17 despite the fact that there's numerous New Source 

18 Performance Standards. 

19 So 1 you can't go to one place and say/ 

20 "Where's the CISWI Rule 1 and what applies and 

21 what doesn't?" It's simply New Source 

22 Performance Standards 1 so that's "For all New 

23 Source Performance Standards for all different 
( 

1 industries, we hereby incorporate 40 CFR 

2 Part 60, 11 and it very vague. 

3 CHAIRMAN GARD: Any more questions 

4 for the witness? 

5 (No response.) 

6 

7 

8 

CHAIRMAN GARD: Thank you. 

MS. THOMPSON: Thank you. 

CHAIRMAN GARD: Is there anyone else 

9 who wants to speak that didn't sign a card? 

10 (No response.) 

46 

11 CHAIRMAN GARD: Okay. Any more Board 

12 questions of anybody? 

13 

14 

(No response.) 

CHAIRMAN GARD: Thank you. The Board 

15 will now consider final adoption of the 2013 CFR 

16 Update. 

17 Any further discussion? 

18 (No response.) 

19 CHAIRMAN GARD: Is there a motion to 

20 final adopt the rule as presented? 

21 

22 

23 

MR. ANDERSON: So moved. 

MR. METTLER: Second. 

CHAIRMAN GARD: Okay. Roll call. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

47 

Mr. Rulon? 

MR. RULON: Yes. 

CHAIRMAN GARD: Pardon me? 

MR. RULON: Yes. 

CHAIRMAN GARD: Mr. Carmichael? 

MR. CARMICHAEL: Yes. 

CHAIRMAN GARD: Dr. Alexandrovich? 

MS. ALEXANDROVICH: Yes. 

CHAIRMAN GARD: Dr. Niemiec? 

DR. NIEMIEC: Yes. 

CHAIRMAN GARD: Mr. Powdrill? 

MR. POWDRILL: Yes. 

CHAIRMAN GARD: Mr. Anderson? 

MR. ANDERSON: Yes. 

CHAIRMAN GARD: Ms. Boydston? 

MS. BOYDSTON: Yes. 

CHAIRMAN GARD: Mr. Davidson? 

MR. DAVIDSON: Yes. 

CHAIRMAN GARD: Mr. Horn? 

MR. HORN: Yes. 

CHAIRMAN GARD: Ms. Fisher? 

MS. FISHER: Yes. 

CHAIRMAN GARD: Mr. Mettler? 
48 

MR. METTLER: Yes. 

CHAIRMAN GARD: Mr. Bausman? 

MR. BAUSMAN: Yes. 

1 

2 

3 

4 

5 

CHAIRMAN GARD: Mr. Smith's not here, 

and the Chair votes aye. So, the 2013 CFR Update 

6 has passed, 13 ayes, zero nays. 

7 (Ms. Fisher left the room.) 

8 CHAIRMAN GARD: Next is a public 

9 hearing on final adoption of Utility NESHAP 

10 Rules. I will now introduce Exhibit C, the draft 

11 rules, into the record of the hearing. 

12 

13 

Susan Bern will present the rule. 

MS. BEM: Hello. My name is Susan 

14 Bern, and I work in the Rules Development Branch. 

15 This rulemaking adds a new rule for power 

16 plants at 326 lAC 20-89, and it is an 

17 incorporation by reference of a federal rule that 

18 was published by U.S. EPA on February 16th, 2012. 

19 The federal rule is 40 CFR Part 63, Subpart 

20 five U. 

21 It is a National Emission Standard for 

22 Hazardous Pollutant, or NESHAP, and it is for 

23 coal- and oil-fired electric utility steam 
70 

( 

1 CERTIFICATE 

2 I, Lindy L. Meyer, Jr., the undersigned 

3 Court Reporter and Notary Public residing in the 

4 City of Shelbyville, Shelby County, Indiana, do 

5 hereby certify that the foregoing is a true and 

6 correct transcript of the proceedings taken by me 

7 on Wednesday, April 9, 2014 in this matter and 

8 transcribed by me. 

9 

10 

11 Lindy L. Meyer, Jr., 

12 Notary Public in and 

13 for the State of Indiana. 

14 

15 My Commission expires October 27, 2016. 

16 

17 

18 

19 

20 

21 

22 

23 
Bold =new languagy 

Sttikeout existing language deleted in this rulemaking 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

DRAFT RULE 

LSA Document #13-501 

DIGEST 

Amends 326 lAC 1-1-3, 326 IAC"l-2-6.5; 326 lAC 11-6, 326 lAC 11-9, and 326 lAC 20-

95-1 concerning updates to references to the Code of Federal Regulations (CFR), an update to a 

definition, and removal of obsolete language. Effective 30 days after filing with the Publisher. 

IDSTORY 

Findings and Deter.rnir).ation of the Commissioner Pursua~t to IC 13-14-9-8: November 

20, 2013, Indiana.Register (DIN: 20131120-IR-326130501FDA). 

Notice ofHearing: November 20; 2013, Indiana Register (DIN: 20131120-IR326130501PHA). 

Change·in Notice of Public Hearing: January i9, 2014, Indiana Register (DIN: 

20140129-IR-326130501CHA). 

Date ofHearing: April9, 2014. 

326 lAC 1-1.;3; 326 lAC 1-2-6.5; 326 lAC 11-6-2;. 326 lAC 11-6-4; 326 lAC 11-6-6; 326 IAC 

'11-6-7; 326 lAC 1f-6-7.1; 326 lAC 11-6-8; 326 lAC 11-9-3; 326 lAC 20~95-1 

DRAFT RULE 

SECTION 1. 326IAC 1-r3 IS"~NDED TO READ AS FOLLOWS: 

326 IAC 1-1-3 References to the Code of Federal Regulations 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 3. Unless otherwise indicated, any reference to a provision ofthe Code of Federal 

Regulations (CFR) shall mean the July 1, :2-&H-; 2013, edition*. · 

*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 :A:ir Quality, Legal Counsel, Indiana Govemment Center North, Tenth Thirteenth 

Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Division; 

3261AC 1-1-3;filedMar 10, 1988, 1:20 p.m.: 11 IR 2369;filedJan 6, 1989, 3:30p.m.: 12 IR 

1102;filed Dec 14, 1989, 9:35a.m.: 131R 868; filed Aug 9, 1991, 11:00 a.m.: 141R 2218;filed 

Page 1 of 8 
May 25, I994, 11:00 a.m.: I7 IR 2237;filedJul25, I995, 5:00p.m.: I8 IR 338I;filedJul25, 

I997, 4:00p.m.: 20 IR 3298; filed Oct 30, 2000, 2:13p.m.: 24 IR 667;filed May 2I, 2002, I0:20 

a.m.: 25IR 3054;filedAug 26, 2004, ll:30 a.m.: 281R I7;filed Oct I4, 2005, IO:OO a.m.: 291R 

795!·filed,Mar I7, 2006, I:OO p.m.: 291R 25I7;filedApr 26, 2007, 9:38a.m.: 20070523-IR3260604I2Ji'RA;filedApr I, 2008, 9:59a.m.: 20080430-IR-326070373FRA;filedJuli, 2009, 

3:12p.m.: 20090729-IR- 32608090IFRA; filed Oct I, 2010, 3:49p.m.: 20101027-IR326I00112FRA;filedMar 28, 20I2, 12:5I p.m.: 20120425-IR-326110472FRA) 

SECTION 2. 326 lAC 1-2-6.5 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 1-2-6.5 "Board" defined 

AU:fhoi:ltY:·J(~·13-14-8; IC 13-14-9; IC 13-19-3 

Affected: lC 13-11-2-17 

Sec. 6.5. "Board" means the air pollution control environmental rules board. (Air 

Pollution Control Division; 326 lAC 1-2-6.5;filed Jan 26, 2000, 2:03p.m.: 231R I367) 

SECTION 3. 326 lAC 11-6-2 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-2 Definitions 

Authority: IC 13-14-8; lC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 2. (a) Terms used in this rule have the meaning set forth in the following definition 

sections: 

(1) 40 CFR 60, Subpmi Ce, Section 60.31e*. 

(2) 40 CFR 60, Subpart Ec, Section 60.51c*. as amended at 94 FR: 51408, October 6; 

2-00:9:-

(b) If a term is not defmed in subsection ( a)(l) or ( a)(2), then the term has the meaning set 

forth in the CAA .. Wld f}O CFR 60, Subpart A* arid 40 CFR 60, Subpmi B*. 

*These documents are incotporated 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 Depmiment of Environmental Management, 

Office of :Air Quality-, Legal Counsel, Indiana Government Center Nmih, Tenth Thirteenth 

Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Division; 

326 lAC ll-6-2;filed Feb 9, I999, 4:28p.m.: 22IR 1964; readopted filed Jan 10, 2001, 3:20 

p.m.: 2:f IR 1477;filedMay 2I, 2002, 10:20 a.m.: 251R 3.078;filed Sep 28, 2011, 10:59 a.m.: 

20111 026-IR-3261 00733FRA) . 

SECTION 4. 326 lAC 11-6-4 IS AMENDED TO READ AS FOLLOWS: 

Page2 of 8 
326 lAC 11-6-4 Emission limits 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 4. (a) The designated facility shall not exceed the emission limits specified in the 

following: , 

(1) 40 CFR 60, Subpart Ce, Table 1A *.as amended at 74 FR 51405, October 6; ZBe9-; 

and % FR 18412, t\:pril: 4; W+t: . 

(2) 40 CFR 60, Subpart Ec, Section 60.52c(b)(1)*. as amended at 74FR 51409, October 

6; 2-009-:-

(b) The designated facility shall not exceed the emission limits, according to the 

compliance schedule in section 9 of this mle, specified· in the following: 

(1) 40 CFR 60, Subpart Ce, Table 1B*. as added at 74 FR: 5"1406, October 6; 2-009-:-

(2) 40 CFR 60, Subpart Ec, Section 60.52c(b)(2)*. as amended at 74 FR: 51409, October 

6; 2-009-:-

(c) A designated facility, as defined in section 1(a)(2) of this rule, shall comply with the 

emission limits in 40 CFR 60, S1,1-bpart Ec, Table 1A *as amended at 74 FR: 51414, Octob~ 6-; 

2009; or subsection (b), whichever applies the more stringent limit. 

*These docm;nents are incorporated by reference. Copies may be obtained from the 

Government Printing Office, Washington, D. C. 20401 and am availabl~ for review and copying 

at the Indiana Department of Environmental Management, Office of :A:iJ; Quality, Legal Counsel,· 

Indiana Government Center North, Tenth Thirteenth Floor, 100 North Senate Avenue, 

Indianapolis, Indiana 46204. (Air Pollution Control Division; 326 IAC 11-6-4; filed Feb 9; 1999, 

4:28p.m.: 22 IR 1965; readoptedjiled Jan 10, 2001, 3:20p.m.: 24 IR 1477;filed May 21, 2002, 

10:20 a.m.: 25 IR 3079;jiled Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA) 

SECTION 5. 326 lAC 11-6-6 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-6 Waste management plans 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

'r 

Sec. 6. (a) The owner or operator of a designated facility shall prepare a waste 

management plan as specified in 40 CFR 60,.SubpartEc, Section 60.55c*. as am:ended at 74 FR: 

51409, October 6; 2009-: 

(b) The waste management plan shall be submitted to the department by the date 

specified in 40 CFR 60, Subpart Ec, Section 60.5 8c( c)*. 

*These documents are incorporated by reference. Copies may be obtained from the 

Page 3 of 8 
Government Printing Office, 732 North Capitol StreetNW, Washington, D.C. 20401 or are . 

available for review and copying at the·-Indiana Department of Environmental Management, 

·Office of :Air Quality-, Legal Counsel, Indiana Government Center N01th, Tenth Thirteenth 

Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Division; 

3261AC ll-6-6;filed Feb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filed Jan 10, 2001, 3:20 

p.m.: 24 IR 1477;filed May 21, 2002, 10:20 a.m.: 25 IR 3079; filed Sep 28, 2011, 10:59 a.m.: 

20111 026-IR-3261 00733FRA) 

SECTION 6. 326 IAC 11-6-7 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-7 Compliance, performance testing, and monitoring 

Authority: IC 1344-8; IC 13-17-3-4; IC 13-17-3-11 

Mfected: IC 13-15; IC 13-17 

Sec. 7. (a) Performance tests shall be conducted and compliance shall be dete1mined in 

accordance with the test rnethods and procedures found in 40 CFR 60, Subpmt Ec, Section 

60.56c*, as amend:edat-14FR: 51409, October 6;:2-00-9; excluding the following: 

(1) Annual fugitive ~missions testing requirements under Section 60.56c( c )(3 )*. as 

arnended at -94 F:R: 51409, October 6; ZBB9:-

(2) Carbon monoxide continuous emissions monitoring (CO CEMS) requirements under 

Section 60.56c(c)(4)*. as amended at-94 FR: 51409,; October 6;2009:-

(3) Compliance monitoring requirements for monitoring listed in the following: 

(A) Section_60.56c(c)(5)(ii) through 60.56c(c)(5)(v)*. as amended at 94- FR: 

51409, Octobet 6; 2009:-

(B) Section 60.56c(c)(6)*. as amended at -94 FR: 51409, Octobet 6; 2-009-: 

(C) Section 60.56c( c)(7)*. as added at T4 FR: 51409, October 6; ZBB9:-

(D) Section 60.56c(e)(6) though 60.56c(e)(l0)*. as added: at-94FR: 51409, 

October{)-; 2009:-

. (E) Sectiun 60.56c(f)(7) through 60.56c(f)(10)*. as added at-94 FR: 51409, 

October{)-; 2009:-

(F) Section 60.56c(g)(6) through 60.56c(g)(10)*. as added at 94- FR 51409, 

October 6; 2009:-

Sources subject to the emission limits in section 4(b) of this rule may elect to use CO 

CEMS as specified under Section 60.56c(c)(4)* asaddedatMFR: 51409, Oqober-6; 

Z009; or bag leak detection systems as specified in Section 60.57c(h)*. as added~ -94 FR: 

51412, October {)-; 2009:-

(b) The performance testing shall also meet the requirements of326 IAC 3-6, source 

sampling procedures, including the submittal of a test protocol not later than thirty-five (35) days 

prior to the intended test date. The te~t methods in 40 CFR 60, Subpart Ec, Section 60.56c*, as 

amended at -94 FR 51409, October 6-; 2009-; shall not be modified unless approved by the U.S. 

EPA aciminlstrator. 

Page 4 of 8 
(c) The owner or operator of a designated facility shall comply with the monitoring 

requirements specified in 40 CFR 60, Subpart Be, Section 60:57c*. as. amended at 74- FR: 51412, 

Octobet 6; 2009-: . 

(d) The owner or operatO),' of a designated facility may use the results of previous 

emissions tests to demonstrate compliance with the emission limits in. section 4(b) or 4( c) of this 

rule, provided that the owner or operator follows the conditions in 40 CFR 60, Subpatt Ce, 

· Section 60.37e(f)*. as added at 9-4 FR: 51403, October 6; 2009:- · 

*These documents are 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 Depattment of Environmental Management, 

Office of :Air 6ffiee of :Air Quality, Legal Counsel, Indiana Government Center North, Tenth 

Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control 

Division,· 3261AC 11-6-7,·filed Feb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filed Jan 10, 

2001, 3:20p.m.: 24 IR 1477,·filed May 21, 2002; 10:20 a.m .. : 25 IR 3080;filed Sep 28, 2011, 

10:59 a.m.: 20111026-JR-326100733FRA) 

. SECTION 7. 326 IAC 11-6-7.1 IS AMENDED TO REAnAS FOLLOWS: 

326 IACH-6-7.1 Inspection requirements 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Mfected: IC 13-15; IC 13-17 

Sec. 7.1. (a) The owner or operator of a designated facility shall undergo the following: 

(1) An initial equipment inspection that meets the requirements specified in 40 CFR 60, 

Subpart Ce, Section 60.36e(a)(l) and 60.36e(a)(2)*, as amended at 74- FR: 51403, Octobet 

6; 2069; within one (1) year after the effective date of the 26-H amendments to- this rule-:-

by October Z8, 2012. . ·· 

(2) An equipment inspection annually thereafter, but riot more than twelve (12) months 

following the_previous annual equipmen~ inspection, as outlined in subdivision (1). 

(b) The owner or operator of a designated facility shall und,ergo the following: 

(1) An initial air pollution control device inspection that meets the requirements specified 

in 40 CFR 60, Subpart Ce, Section 60.36e(c)(l) and 60.36e(c)(2)*, as added-at T4 FR: 

51403, October 6; 2069; within one (1) year after the effective date of the 26-H 

amendments to- this rttl:e; by Octob~r 28, 2012. 

(2) An equipment inspection annually thereafter, 'but not more than twelve (12) months 

following the previous annual equipment inspection, as outlined in subdivision (1). 

*These. documents are 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 Depattment of Environmental Management, 

Page 5 of 8 
Office of :Air Quality, Legal Counsel, Indiana Government Center Nmth, Tenth Thirteenth 

Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Division; 

326 lAC 11-6-l.l;filedSep 28,2011, 10:59 a.m.: 20111026-IR-326100733FRA,· erratafiled 

Dec 6, 2011, 11:02 a.m.: 20111221-IR-326110743ACA) . 

SECTION 8. 326 lAC 11-6-8 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-6-8 Reporting and record keeping requirements 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 8. (a) The owner or operator of a designated facility shall comply with the reporting 

and record keeping requirements in 40 CFR 60, Subpmt Ec, Section 60.5 8c(b) through 

60.58c(g)*, as am~:nded at 94 FR: 51413, October 6; 2-009; and 76 FR 18413, April4, 2011, 

excluding the following: 

.(1) 40 CFR 60, Subpmt Ec, Section 60.58c(b)(2)(xviii) (bag leak detection system· 

almms)*. as added at 94 FR: 51413, October 6-; 2009-: 

(2) 40 CFR 60, Subpart Be, Section 60.58c(b )(2)(xix) (CO CEMS data)*. as acMed: at 94 

FR: 51413, October 6-; 2009: u 

· (3) 40 CFR 60, Subpmt Ec, 60.58c(b)(7) (siting)*. 

(b) The owner or operator of a designated facility shall maintain records of the annual 

equipment mspections that me required under section 7.1 of this rule, any required maintenance, 

and any repairs not completed within ten (1 0) days of an inspection. 

*These documents m·e incmporated by reference. Copies may be obtained from the 

Government Printing Office, 732 Nmth Capitol Street NW, Washington, D.C. 20401 or are 

available for review and copying at the Indiana Department of Enviromnental Management, 

Office of :Air· Quality·, Legal 'counsel, Indiana Government Center North, Tenth Thirteenth 

Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Division; 

3261AC 11-6-8; filed Feb 9, 1999, 4:28p.m.: 221R i966; readopted filed Jan 10, 2001, 3:20 

p.m.: 24IR1477;filedMay21, 2002, ]0:20a.m.: 251R3080;filedSep28, 2011, ]0:59a.m.: 

20111 026-IR-32_61 00733FRA) 

SECTION 9. 326 lAC 11-9-3 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 11-9-3 Requirements; incorporation by reference of federal standards 

Authot'ity: IC 13-14-8; IC 13-17-3-~; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 3. The air pollution control bomd incmporates by reference the following sections of 

40 CFR 60, Subpart FFFF, Emission Guidelines and Compliance Times for Other Solid .Waste 

Incineration Units that Commenced Construction On or Before December 9, 2004: 

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(1) 40 CPR 60.3000 through 40 CPR 60.3002 Compliance Schedule*. 

(2) 40 CPR 60.3010 through 40 CPR 60.3012 Waste Management Plan*. 

{3) 40-CFK 603o-I4.tlircnigli 40-CFR 50.3020 Operator Training arid. Qualification*. 

( 4) 40 CPR 60.3022 through 40 CPR 60.3025 Emission Limitations and Operating 

Limits*. as amended by 7t FR: 67-8% (November 24; 2006)*. 

(5) 40 CPR 60.3027 and 40 CPR 60.3028 Performance Testing*. 

(6) 40 CPR 60.3030-and 40 CPR 60.3031 Initial Compliance Requirements*. 

(7) 40 CPR 60.3033 through 40 CPR 60.3036 Continuous Compliance Requirements*. 

(8) 40 CPR 60-.303 8 through 40 CPR 60.3044 Monitoring*. 

(9) 40 CPR 60.3046 through 40 CPR 60.3057 Record Keeping and Reporting*. 

(10) 40 CPR 60.3059 and 40 CPR 60.3060 Title V Operating Permits*. 

(11) 40 CFR 60.3061 Temporary-Use Incinerators and Air Curtain Incinerators Used in 

Disaster Recovery*. . 

(12) 40 CFR 60.3062 through 40 CFR 60.3069 Air Curtain Incinerators that Bum Only 

Wood Waste, Clean Lumber, and Yard Waste*. 

(13) 40 CFR 60.3076 Equations*. 

(14) 40 CFR 60.3078 Definitions*. 

(15) 40 CFR. 60, Subpmt FFFF, Tables 1 through 5*, as amended by 71 FR 67806 

(November 24, 2006)*. 

*These documents are incorporated by reference and may be obtained from the 

Government Printing Office, 732 North Capitol, Washington, D.C. 20401 or are available for 

copying at the Indiana Department of Environmental Management, Offlce of :Air Quality, Legal 

Counsel, Indiana Government Center Nmth, Tenth Thirteenth Floor, 100 North Senate Avenue, 

rlldianapolis, Indiana 46204. (Air Pollution Control Division; 326 lAC 11-9-3; filed Jul1 0, ~007, 

2:19p.m.: 200-70808-IR-326060437FRA) 

SECTION 10. 326.IAC 20-95-1 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 20-95-1 Applicability; incorporation by reference of federal standards 

Autlwrity: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to sources as provided in the :fttly t; 2fH:-6; edition of 40 CFR 

63.7485*. 

(b) The air pollution control board incorporates by reference the :fu:ly t; 2f1tO; edition of 

40 CFR 63, Subpart DDDDD*, national emission standards for hazardous air pollutants for 

industrial, commercial, and in~titutional boilers and process heaters. 

(c) Owners and operators may use the emission averaging provisions as specified under 

the:fttly t;2-6t6; edition of40 CFR_6~.7522*. · . 

Page 7 of 8 
(d) Under 326 lAC 3:-6, source sampling procedures, a test protocol form for an emissions 

test is due tp.irty-five (35) days before the intended test date. 

*This document is incqrporated 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-, Legal Counsel, Indiana Government Center North, renfu· Thirteenth 

Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Division; 

326 lAC 20-95-1; }iled Nov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA; filed Mar 28, 

2012, 12:51 p.m.: 20120425-JR-326110472FRA) 

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