### IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment.

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 ImplementationPlan Submittal for IndianaRegarding 326 lAC 1-1-3 and 326 lAC 1-2- 6.5, References to the Code ofFederal Regulations (LSA #13-501)

Pursuant to Section 110 ofthe Clean AirAct and Title 13 oftheIndiana Code, the IndianaDepartment ofEnvironmental Management (IDEM) submits an amendmentto the Indiana state implementationplan. This amendment consists ofrevisions to Indiana's rules conceming anupdate to references to the CFRto meanthe July 1, 2013, edition and other administrative changes accomplished through one rulemaldng. IDEM requests thatthe United States Environmental ProtectionAgency (U.S. EPA) approve the revisions to 326 lAC 1-1-3 and 326 lAC 1-2-6.5. In additionto updating thereference to the CFR, this rulemaking amends the definition of "board" to reflect the consolidation ofthe previous boards into the newEnvironmental Rules Board (ERB) at 326 lAC 1-2-6.5, amends certain provisions relatedto emission limitations for Hospital/Medical/Infectious Waste Incinerators at 326 lAC 11-6 to remove obsoletereferences to the Federal Register, andupdates 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 ofone (1) hard copy ofthe required documentation. An 

### electronic version ofthe submittal inPDF 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 withyour review ofthis state implementationplan submission, a list ofsupporting documents is attached. Throughout the development ofthese amendments to the existing rule, staffofthe Office ofAir Quality worked closely with your staffto ensure that any potentialproblems that might exist withthis requested state implementationplanrevision would be resolved. I requestthat U.S. EPA approve this modification oflndiana's state implementationplan. Ifyou have any 

# 0

An Equal Opportunity Employer AStatethatWorks 

### @ RecycledPaper



# -

### questions regarding this submittal, please contact Christine Pedersen, Rule Development Section Chief, Office ofLegal Counsel, at (317) 233-5684.

NK/cep Attachments: Supporting Documents

cc: JohnMooney, U.S. EPA RegionV (no enclosures) PamelaBlaldey, U.S. EPARegion 

## 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 inthe Indiana Register on August 27, 2014 (DIN: 20140827-IR-326130501FRA) Attachment C: Signature Page Attachment D: Section 8 Notice, including the Notice ofPublic Hearing, as published in the Indiana Register on November 20, 2013, (DIN: 20131120-IR-326130501FDA) Attachment E: Certificates ofWeb Publication Attachment F: Transcript ofPublic Hearing, including Exhibit, held on April9, 2014

### ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 1. The submittal is accompaniedby a formal letter ofsubmittal Enclosed from the governororhis designee. 2. Evidence thatthe State has adopted the plan 

### inthe State code Attachment C orbody ofregulations; or issued the permit, order, consent agreement ("document"); infinal form

.

.a. Date ofadoption orfinal issuance: April 9, 2014 b. The effective date ofthe plan, ifdifferent August 31, 2014 from the adoption/issuance date. 3. Evidence thatthe State has the necessary legal authority IC 13-14-8 under state lawto adopt and implementthe plan. 4. A copy ofthe actual regulation or document submitted for Attachment B approval and incorporationbyreference into the plan, including the following:

a. Indication ofthe changes made to the existing approvedplan, where applicable. b. The submittal shallbe a copy ofthe official State regulation or document signed, stamped, dated by the appropriate state official indicating that it is fully enforceable bythe State. Effective date shall be stated inthe document itself. 5. Evidence'thatthe State followed all ofthe procedural requirements ofthe State's laws and constitutionin conducting and completing the adoption/issuance oftheplan. Attachment C

6. Evidence thatpublic notice was given, including date of Attachments D and E proofofpublication. ____K_Notice ofPublicHearing and Ce1iificates ofWeb Publication 

## 7. Certificationthatpublic hearings were heldin accordance with i:pformationprovided inpublic hearing notice. 

# ____x_ Transcript from Public Hearing 8. Compilation ofpublic comments and State'sresponse. AttachmentF

N/AIndiana 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 ofthe 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-326130501CHA). 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 ofthe 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. (AirPollution Control Division; 3261AC 1-1-3; filed Mar 10, 1988, 1:20p.m.: 111R 2369; filed Jan 6, 1989, 3:30 p.m.: 121R 1102; filed Dec 14, 1989, 9:35a.m.: 131R 868; filedAug 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 May21, 2002, 10:20 a.m.: 251R 3054; filedAug 26, 2004, 11:30 a.m.: 281R 17; filed Oct 14, 

### 2005, 10:00 a.m.: 29 IR 795; filed Mar 17, 2006, 1:00p.m.: 29 IR 2517; filed Apr26, 

### 2007, 9:38a.m.: 20070523-IR- 326060412FRA: filedApr 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 Mar28, 2012, 12:51 p.m.: 20120425-IR-326110472FRA; filedAug 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. (AirPollution Control Division; 326 lAC 1-2-6.5; filed Jan 26, 

### 2000, 2:03p.m.: 231R 1367; filedAug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA)

Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501 FRA Page 1Indiana 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 ofAir Quality, Legal Counsel, Indiana Government Center North, 

### +entR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution 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 May21, 

### 2002, 10:20 a.m.: 251R 3078; filed Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA; filedAug 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 ofthis 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 ofAir 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 May21, 

### 2002, 10:20 a.m.: 251R 3079; filed Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA; filedAug 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 2Indiana 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. (AirPollution 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 May21, 2002, 10:20 a.m.: 251R 3079; filed Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA: filedAug 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) ofthis 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 laterthan 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) or4(c) ofthis 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 ofAir 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 3Indiana 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 May21, 

### 2002, 10:20 a.m.: 251R 3080; filed Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA; filedAug 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 ofthe 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 ofthe 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 ofAir Quality, Legal Counsel, Indiana Government Center North, 

### +eRtR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution 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; filedAug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA)
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 ofthe annual equipment inspections that are required under section 7.1 ofthis 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 ofAir 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 4Indiana Register (AirPollution 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 May21, 2002, 10:20 a.m.: 251R 3080; filed Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA; filedAug 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 offederal 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 of40 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 OperatorTraining 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. (AirPollution 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 offederal 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 of40 CFR 63.7485*. (b) The air pollution control board incorporates by reference the July 1, 2010, edition of40 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.
Date: Sep 04,2014 8:42:15AM EDT DIN: 20140827-IR-326130501 FRA Page 5Indiana 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 ofAir Quality, Legal Counsel, Indiana Government Center North, 

### +e!ttl:7 Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution Control Division; 326 lAC 20-95-1; filed Nov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA: filed Mar28, 2012, 12:51 p.m.: 20120425-IR-326110472FRA; filedAug 1, 2014, 10:53 a.m.: 20140827-IR-326130501FRA)
LSA Document #13-501(F) Findings and Determination ofthe CommissionerPursuant to IC 13-14-9-8: 20131120-IR-326130501FDA Hearing Held: April 9, 2014 ApprovedbyAttorney General: July21, 2014 Approvedby Governor: July 30, 2014 Filed with Publisher: August 1, 2014, 10:53 

### a.m. Documents Incorporated byReference: 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 ofthis document.

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

# Rule Signature 

# Page

Rule#: Agency: LSADocument#13-50l(F) EnviromnentalRules Board Subject: 2013 Updateto the Code ofFederal'Regulations ADOPTED:

# By:6~~Q

.

## BeverlY~Y Date: Chairperson, EnvironmentalRules Board

## ~~:-:>

# ~~--~-=~7·~~~~~~=­ GregoryF. Zoe I. er Date: Attorney Generai, State ofIndiana



### APPROVED:

# By~~ f?,

# ~·~Date.:~.**r~oltt.j.** l(ichaelR. Pence Governor, State oflndiana



### ACCEPTED FORFILING: By: TilLE 

### 326 AIRPoLLUTION CONTROL DIVISION LSADocument

### #l3-501(FR) Filed

### with

### Publisher: August 1, 2014, 10:53 

### a,m. By:RlwIndiana 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 ofadoption ofthese 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 eitherthe environment or persons regulated or otherwise affected bythe 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 ofthe rule) remain underthis procedure. Ifthe commissioner makesthe 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 atwhich the draft rule is to be considered for adoption and include them in the board packet prepared for thatmeeting. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-8. The statute provides for this shortened rulemaking process ifthe commissioner determines that: (1) the rule constitutes:

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

(i) is orwill be applicable to Indiana; and (ii) contains no amendments that have a substantive effect on the scope or intended application ofthe 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 ofwhich is to clarify the existing rule; and 

### (2) the rule is ofsuch 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 ofthe CFR that is applicable to federal regulations.that have been incorporated by reference throughout Title 326 ofthe 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 latestversion ofthe CFRthat is incorporated in Title 326, with the exception ofthose regulations most recently published in the Federal Register (FR). The latest version ofthe 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 ofTitle 326 ofthe lAC. By updating the reference date to July 1, 2013, Title 326 ofthe lAC will be consistent with those regulations thatthe federal government promulgated between July 1, 2011, and June 30,2013. The 2013 edition ofthe CFR is a codification of the final and effective regulations published.in the FR as of Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page 1Indiana Register June 30, 2013. IDEM incorporates citations by reference from Titl.es 29 and 40 ofthe 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 ofthe lAC as state-enforceable rule provisions or as federal authority for the implementation and enforcement ofstate rule provisions. Title 40 ofthe CFR includes all federal environmental regulations promulgated by the United States Environmental Protection Agency (U.S. EPA). Title 40 is referenced throughout Title 326 ofthe 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 ofthe 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 ofthe 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 ofthe 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, November21, 2011 - Final Rule
- National Emission Standards for Hazardous Air Pollutant Emissions for Shipbuilding and Ship Repair (Surface Coating); National Emission Standards forWood 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 ofstartup, 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 complianceoptions for the same engines in populated areas. These final amendments also correct minortechnical 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 MajorSources: Industrial, Commercial, and Institutional Boilers and Process Heaters: In this rule, U.S. EPA is taking final action on reconsideration ofcertain issues in the emission standards for the control of hazardous air pollutants from certain sources under Section 112 ofthe Clean Air Act (CAA). U.S. EPA is making technical corrections to the final rule to clarify definitions, references, applicability and Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page_ 2Indiana 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 forthe 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) ofthe CAA. This action also addressed the remand in which the DC Circuit upheld all ofthe 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 ofthe draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is notimposed underfederal law. This draft rule imposes no restrictions or requirements because it is a direct adoption offederal requirements that are applicable to Indiana and contains no amendments that have a substantive effect on the scope or application ofthe 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 · Atthis time, no work group is planned forthe rulemaking. Ifyou 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 ofcontact 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 bythis 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 Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501 FDA Page3Indiana Register FINDINGS The commissioner of IDEM has prepared findings regarding this rulemaking updating references to the July 1, 2013, edition ofthe CFR and the revisions to citations offederal 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 offederal requirements that are applicable to Indiana, and it contains no amendments that have a substantive effect on the scope or intended application ofthe federal rule. (2) Indiana is required by the Clean AirAct (CAA) to adopt these requirements as state rule.

. (3) The environment and persons regulated or otherwise affected bythe proposed rule will benefit from prompt adoption ofthis 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, underthe specific circumstances pertaining to this rule, there would be no reasonably anticipated benefit to the environment orto 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 ofcomments 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 ofthe following ways: . (1) By mail or common carrier to the following address: ·

LSA Document #13-501 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 offaxed comments by calling the Rules Development Branch at (317) 234-6530. 

### (:3.) By electronic mail to zruzycki@idem.in:gov. To confirm timely delivery ofsubmitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part ofthe 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 ofthe 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 ofthe rulemaking. COMMENTPEruODDEADUNE All comments must be postmarked, faxed, or time stamped no laterthan December 20, 2013. Hand-delivered comments must be delivered to the appropriate office by4:45 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 ofthe Code of Federal Regulations (CFR)

Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page 4 ·Indiana Register shall mean**~he** July 1, 

### 2G44; 2013, edition*. *This body ofdocuments 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. (AirPollution ControlDivision; 326/AC 1-1-3: filed Mar 10, 1988, 1:20p.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; filedAug 9, 1991, 11:00 a.m.: 14/R 2218; filed May 25, 1994, 11:00 a.m.: 17/R 2237; filedJu/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 May21, 2002, 10:20 a.m.: 25/R 3054; filedAug 26, 2004, .11:30 a.m.: 28 IR 17; filed Oct 14, 2005, 10:00 a.m.: 29 IR 795; fliedMar 17, 2006, 1:00p.m.: 29 IR 2517; filed Apr26, 2007, 9:38a.m.: 20070523-/R- 326060412FRA; filedApr 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 Mar28, 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. (AirPollution 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, SubpartA* 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 ofAir Quality, Legal Counsel, Indiana Government Center North, 

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

. . (AirPollution ControlDivision; 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 May21, 2002, 10:20 a.m.: 25/R 3078; filedSep 28, 2011, 10:59 a.m.: 20111026-/R-326100l33FRA)
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. Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page 5Indiana Register (b) The designated facility shall not exceed the emission limits, according to the compliance schedule in section 9 ofthis rule, specified in the following:

. (1) 40 CFR 60, Subpart Co, Table 

### 1B*. 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) ofthis 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 ofAir 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 May21, 2002, 10:20 fl.m.: 251R 3079; filed 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 Sec. 6. (a) The owner or operator ofa 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 bythe 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 ofAir Quality, Legal Counsel, Indiana G9vernment Center North, 

### +enth Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution 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 May21, 2002, 10:20 a.m.: 251R 3079; fifed Sep 28, 2011, 10:59 a.m.: 20111 026-IR-326100733FRA)

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.

Date: Jan 14,2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page 6Indiana 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)(10)*. 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) ofthis 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 of326 lAC 3-6, source sampling procedures, including the submittal ofa 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 ofa designated facility may use the results of previous emissions tests to demonstrate compliance with the emission limits in section 4(b) or 4(c) ofthis rule, provided that the owner or operatorfollows 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 ofAir Office of/\ir·Quality, Legal Counsel, Indiana Government Center North, 

### +eA#t Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution 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 May21, 2002, 10:20 a.m.: 251R 3080; filed Sep 28, .2011, 10:59 a.m.: 20111026-IR-326100733FRA)

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 ofa 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 ofthe 

### 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 ofa 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 aftertho effective date ofthe 

### 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 ofAir Quality, Legal Counsel, Indiana Government Center North, 

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

.

.(AirPollution ControlDivision; 326 lAC 11-6-7.1; filed Sep 28, 2011, 10:59 a.m.: 20111 026-IR-326100733FRA; 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 7Indiana 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 ofa 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 ofa designated facility shall maintain records ofthe annual equipment inspections that are required under section 7.1 ofthis rule, any required maintenance, and any repairs not completed within ten (10) days ofan 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 ofAir Quality, Legal Counsel, Indiana Government Center North, +effil:l. Thirteenth Floor, 100 Nqrth Senate Avenue, Indianapolis, Indiana 46204. (AirPollution Control Division; 326/AC 11-6-8; tiled Feb 9, 1999,4:28p.m.: 22/R 1966; readopted filed Jan 10, 2001, 3:20p.m.: 24/R 1477; tiled May21, 2002, 10:20 a.m.: 25/R 3080; filed Sep 

### 28, 2011, 10:59 a.m.: 20111026-/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 offederal 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 Trainin§ 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 

### 1through 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 8Indiana 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. (AirPollution Control Division; 326 lAC 11-9-3: filed Jul10, 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 offederal 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 of40 CFR 63.7485*. {b) The air pollution control board incorporates by reference the July 1, 2010, edition of40 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 atthe 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. (AirPollution Control Division; 3261AC 20-95-1; filed Nov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA: filed Mar28, 2012, 12:51 p.m.: 20120425-IR-326110472FRA)

. Notice of Public Hearing

Posted: 11/20/2013 byLegislative ServicesAgency An html version ofthis document.

Date: Jan 14;2014 9:27:40AM EST DIN: 20131120-IR-326130501FDA Page 9

### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment. 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 OFPUBLICATION This is to certifythatthe IndianaDepartment ofEnvironmental Management (IDEM) Legal Notice is providing an opportunityfor a publichearingregarding:

• Revisions to Ozone and PM2.5

### Standards, LSA#13-358 • Updates to References to the Code ofFederal Regulations, 2013 CFRUpdate, LSA #13- 501

werepublished onIDEM's web site on orbefore March 19, 2014. It

### willremainposted onthe siteuntil at least April21, 2014. The notice infull maybe found atthe following web address, underthe "Statewide" category. http://www.in.gov/idem/6777.htm Web publication ofthe notice was atthe request ofChristine Pedersen, Section Chief, Rule Development Section, Office ofLegal Counsel, IDEM.

Attachments: Copy ofweb page as published.

An Equal Opportunity Employer 

### By:

Mike Finkelstein IDEM Webmaster 

# 0

AStatethatWorks 

# - G) RecycledPaperTelttFin:lanft.£F-!n=y·Fin:laRmonCenterOnlinzSe01ice3HelpA-i!J,/l,+fitIDEMHomeFeawrec!l"opicS--------NewsandEV·EiiltsPubittWotlcesSheetsFo·rmsM:apsIMesAbOimtYourEnvMmmmentAlrQuaHtyAilrToxicsProgramBIAfg,a:eCleanWatei:mlmdlanaEn'llironmemalHealthlechmlcaLPUBliCnG'tiresooreiJil]ireOI:oystatllieorrole·inelucfmg::p.grml1rting,mten;akin!J',,"''"'I"Yt·illlimmamonreJmrotll1n'ii!ri01iicaF;:yrpub<licfi'\i!etingsniltruotices,plea:secl'ii!lilttlSu:bscri-ptlllllS:Vilalttlio!mroil'ca.ooutnew-!!ID&icesasSOOilloolllhey'reYot1cannowreg:ion,Y,CillwJlllJesemane-mail!•tlr1ll'X!:mes:sagetoyourpooneevery·timerDEM.atll-Jl'tiS'titl1g\:and!lffil'ermissans•rposting!.Ios!ll:i<soibe,cUe!:oot:l1li!linkillState'lltideTI'JieofNoticeJE1'entGOVERNOR1\tiiKEPENCEDate-----------23 45678v·910111213 14 1516[i1l18 19202122232425 2627 28 293031/1:56:11Pf\'1

## ( LEGAL NOTICE Revisions to Ozone and PM 2.5 

### Standards and Updates to References to the CodeofFederalRegulations 

### Notice is hereby givenunder40 CFR51,102thatthe IndianaDepartmentof EnvironmentalManagement (IDEM) is providing an opportunity for apublic hearing regarding revisions to: a rule concerning the national ambient air quality standards for the 2008 8-hour ozone standard, andthe 2012 annualparticulate matterwith an aerodynamic diameter less than or equalto 2.5 micrometers (PM2

### .s) standard at 326 lAC 1-3-4; and a rule concerning anupdate to 326 lAC 1-1-3 to revise thereferenceto the Code ofFederal Regulations (CFR) to mean the July 1, 2013, edition, to 326 lAC 11-6 to remove. obsolete language; andto 326lAC 20-95-1 to update a reference to the CFR. All interestedpersons are invited and will be given a reasonable opportunityto express theirviews concerningtheproposedrules. Copies oftheproposed airprogramrules are also available to any personuponrequest, may beviewed online viathe Internetfrom local libraries, and are available for public inspection atthe following locations: IndianaDepartment ofEnvironmentalManagement, Office ofLegal Counsel, Indiana Government Center-North, 100 North Senate Avenue, 13thFloor, Indianapolis, Indiana 46204. IndianaDepartment ofEnvironmental Management,Northwest Office, 330 WestUS Highway 30, Suites E andF, Valparaiso, IN.46385. IndianaDepartmentofEnvironmental Management,Northern Office, Suite 450, 300N. Michigan Street, SouthBend, Indiana46601. IndianaDepatimentofEnvironmentalManagement, Southwest Office, 1120 North Vincennes Avenue, P.O. Box 128, Petersburg, Indiana47567-0128. IndianaDepatimentofEnvironmentalManagement, Southeast Office, 820 West Sweet Street, Brownstown, Indiana 47220-9557. Legislative Services Agency, Indiana Government Center-Nmih, 100 North Senate Avenue, RoomN201, Indianapolis, Indiana 46204. ·

The following air programrules are noticedfor thepublichearing: Ozone and PM 2.5 

### Standards 

### (LSA

## # 13-358). Thepurpose ofthis hearing is to receivepublic comment on amenaments to 326 lAC 1-:3-4 concerningthe national ambient air quality standards for the 2008 8-hour ozone standard, andthe 2012 annualparticulate matterwith anaerodynamic diameter less than or equalto 2.5 micrometers (PM2.5) 

### standard. This rule willbe submittedto the United States Environmental ProtectionAgency as a revisionto the State Implementatio.p. Planrequiredbythe Clean.Air Act. A copy ofthemostre.cently publishedversion ofthis rule is available at: http://www.in.gov/idem/5679.htm. 2013 CFRUpdate 

### (LSA

## # 13-501). Thepurpose ofthis hearing is to receivepublic comment on amendments to 326 lAC 1-1-3 concerning anupdate to references to the CPRto meanthe July 

### 1, 2013, edition, to 326 lAC 11-6to remove obsolete language, andto 326lAC 20-95-1 to update a reference to the CFR. This rule will be submittedto the United StatesEnvironmental ProtectionAgency as a revisionto the State ImplementationPlanrequiredby the CleanAir Act.

### A copy ofthe mostrecentlypublishedversion ofthis rule is available at: http://www.in.gov/idem/567'9.htm. Requests**f01~a**

### publichearing mustbe submitted onor before April21, 2014. Ifno timely requestfor apublic hearing is received ahearing will notbeheld. Interestedparties can contact Christine Pedersen atthe contact information listedbelowto see ifa hearinghas been scheduled. Ifa hearing is scheduled another legalnotice willbepublished statingthe date, time, andlocation ofthe meeting. For additional information contact ChristinePedersen, atthe IndianaDepartment of Environmental Management, Rules DevelopmentBranch, Mail Code 60-01, Office ofLegal Counsel, Indiana Government CenterNorth, 100North SenateAvenue, Indianapolis, Indiana, 46204, e-mail at cpederse@idem.in.gov, or call (317) 233-5684 or (800) 451-6027 ext. 3-5684 (in Indiana). · . 

### (·;;·-i



## ( 1 

## 2 3 4 5 6 7 8 9 10 11 12 I /.• •' 

## 13 14 15 16 17 18 19 20 21 22 23 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 1

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 

## l, 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 2

### 1 2 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, 3I 

## MR. METTLER: Yes. CHAIRMAN GARD: Mr. Bausman? MR. BAUSMAN: Yes. CHAIRMAN GARD: Mr. Smith? MR. POWDRILL: Not here. CHAIRMAN GARD: Not here. And the 28

1 

### 2 3 

### 4 5 

### 6 

### 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.) 22 23 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 law31

4 5 

### 6 

### 7 8 

## 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." 32

### ( 

## 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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\. 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 

## 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 lot35



## 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

## ( 1 2 3 4 5 

### 6 

### 7 8 

### 9 

## 10 11 12 13 14 15 16 17 18 19 20 21 22 23 37

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

# ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 talking with the agency**a~** 

## that time. 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.

# ( 39



## 1 MS. THOMPSON: And I guess what we're 2 looking for is some clarification that for 3 purposes of the CISWI Rule

-- 4 5 

## 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 4445



## 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 =newlanguagy Sttikeout existing language deleted 

### inthis rulemaking 

## TITLE 326

## AIRPOLLUTION CONTROL DIVISION DRAFT RULE LSADocument#13-501 DIGEST Amends 326 lAC 1-1-3, 326 IAC"l-2-6.5; 326 lAC 11-6, 326 lAC 11-9, and 326lAC 20- 95-1 concerningupdates to references to the Code ofFederal Regulations (CFR), anupdate to a definition, andremoval ofobsolete language. Effective 30 days after filing withthe Publisher. 

## IDSTORY Findings andDeter.rnir).ation ofthe Commissioner**Pursua~t**

### to IC 13-14-9-8: November 20, 2013, Indiana.Register (DIN: 20131120-IR-326130501FDA). Notice ofHearing: November 20; 2013, IndianaRegister (DIN: 20131120-IR326130501PHA). Change·inNotice ofPublic Hearing: January

# i9, 2014, IndianaRegister (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** 

## DRAFTRULE SECTION 1. 

### 326IAC 1-r3

## IS"~NDED TO READ AS FOLLOWS: 326

## IAC 1-1-3 

## References to the Code ofFederalRegulations 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, anyreference to a provision ofthe Code ofFederal Regulations (CFR) shall meanthe July 1, 

## :2-&H-; 2013, edition*. · *Thisbody ofdocuments is incorporatedbyreference. Copiesmaybe obtainedfromthe ·GovernmentPrinting Office, 732 North Capitol StreetNW, Washington, D.C. 20401 or are available for review and copying attheIndianaDepartment ofEnvironmental Management, Office of

## :A:ir Quality, 

## Legal Counsel, Indiana Govemment CenterNorth, Tenth

## Thirteenth Floor, 100North SenateAvenue, Indianapolis, Indiana46204. (AirPollution ControlDivision; 3261AC1-1-3;filedMar 10, 1988, 1:20p.m.: 11 IR 2369;filedJan 6, 1989, 3:30p.m.: 12IR 1102;filedDec 14, 1989, 9:35a.m.: 131R 868;filedAug9, 1991, 11:00 a.m.: 141R2218;filed Page 1 of 8

### May 25, I994, 11:00 a.m.: I7IR 2237;filedJul25, I995, 5:00p.m.: I8IR 338I;filedJul25, I997, 4:00p.m.: 20IR 3298;filed Oct 30, 2000, 2:13p.m.: 24IR 667;filedMay 2I, 2002, I0:20 a.m.: 25IR 3054;filedAug26, 2004, ll:30a.m.: 281R I7;filed Oct I4, 2005, IO:OO a.m.: 291R 795!·filed,Mar I7, 2006, I:OOp.m.: 291R25I7;filedApr26, 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 OctI, 2010, 3:49p.m.: 20101027-IR326I00112FRA;filedMar 28, 20I2, 12:5Ip.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" meansthe

### airpollution control environmentalrules board. 

### (Air Pollution Control Division; 326lAC 1-2-6.5;filedJan 26, 2000, 2:03p.m.: 231R I367) SECTION 3. 326 lAC 11-6-2 IS AMENDED TOREAD AS FOLLOWS: 326lAC 11-6-2Definitions 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 inthis rulehave themeaning setforth inthefollowing definition sections: (1) 40 CFR 60, SubpmiCe, Section 60.31e*. (2) 40 CFR 60, SubpartEc, Section 60.51c*. as amended

## at 94

## FR: 51408, October 

## 6; 2-00:9:- (b) Ifatermis notdefmedin subsection (a)(l) or (a)(2), thenthetermhas the meaning set forthinthe CAA

..Wld f}O 

### CFR 60, SubpartA* arid 40 CFR 60, SubpmiB*. *These documents are incotporatedbyreference. Copies maybe obtainedfrom the GovernmentPrinting Office, 732 North Capitol StreetNW,Washington, D.C. 20401 or are available for review and copying at theIndianaDepmimentofEnvironmentalManagement, Office of

### :Air 

## Quality-, Legal Counsel,Indiana Government CenterNmih, TenthThirteenth Floor, 100North Senate Avenue, Indianapolis, Indiana46204. 

### (Air Pollution ControlDivision; 326lAC ll-6-2;filedFeb 9, I999, 4:28p.m.: 22IR 1964; readopted filedJan 10, 2001, 3:20 p.m.: 2:fIR 1477;filedMay 2I, 2002, 10:20 a.m.: 251R 3.078;filedSep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA)

. SECTION4. 326 lAC 11-6-4IS AMENDED TO READ AS FOLLOWS:

Page2 of 8

### 326 lAC 11-6-4 Emissionlimits 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 designatedfacility shall not exceedthe emissionlimits specifiedinthe following: , 

### (1) 40 CFR60, Subpart Ce, Table 1A*.as amended

### at74FR 51405, October 

## 6;ZBe9-; and 

## % FR 18412, 

### t\:pril: 

## 4; W+t:

. (2) 40 CFR 60, SubpartEc, Section 60.52c(b)(1)*. as amended

### at74FR 51409, October 

## 6; 

## 2-009-:- (b) The designated facility shallnotexceedthe emissionlimits, accordingto the compliance schedulein section9 ofthis mle, specified·inthe following: 

### (1) 40 CFR 60, Subpart Ce, Table 1B*. as

### added 

### at74

## FR: 5"1406, October 

## 6; 

## 2-009-:- (2) 40 CFR 60, SubpartEc, Section 60.52c(b)(2)*. as amended

### at74

## FR: 51409, October 

## 6; 

## 2-009-:- (c) A designated facility, as definedin section 1(a)(2) ofthisrule, shall complywiththe emissionlimits in40 CFR 60, S1,1-bpart Ec, Table 1A*as amended

### at74

### FR: 51414,**Octob~** 

## 6-; 2009; or subsection (b), whichever applies themore stringentlimit. *These docm;nents areincorporatedbyreference. Copiesmaybe obtainedfrom the GovernmentPrintingOffice, Washington, D.C. 20401 and am**availabl~** 

### for review and copying atthe IndianaDepartmentofEnvironmentalManagement, Office of

### :A:iJ; Quality,

### LegalCounsel,· Indiana Government CenterNorth,

### Tenth 

### ThirteenthFloor, 100North Senate Avenue, Indianapolis, Indiana46204. 

### (AirPollution ControlDivision; 326IAC 11-6-4;filedFeb 9; 1999, 4:28p.m.: 22IR 1965; readoptedjiledJan 10, 2001, 3:20p.m.: 24IR 1477;filedMay 21, 2002, 10:20 a.m.: 25 IR 3079;jiledSep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA) SECTION 5. 326 lAC 11-6-6 IS AMENDED TOREAD AS FOLLOWS: 

### 326 lAC 11-6-6Waste managementplans 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 oroperator ofa designatedfacility shallprepare a waste managementplanas specifiedin 40 CFR 60,.SubpartEc, Section 60.55c*. asam:ended at

### 74

## FR: 51409, October 

## 6; 2009-: (b) The wastemanagementplanshallbe submittedto the departmentbythe date specified in40 CFR 60, SubpartEc, Section 60.58c( c)*. *These documents areincorporatedbyreference. Copies maybe obtainedfrom the Page 

## 3 of 8

### GovernmentPrinting Office,732NorthCapitol StreetNW, Washington, D.C. 20401 or are . available forreviewand copying at the·-IndianaDepartmentofEnvironmentalManagement, ·Office of

### :Air Quality-, 

### LegalCounsel, Indiana Government CenterN01th, 

### Tenth 

### Thirteenth Floor, 100North Senate Avenue,Indianapolis, Indiana46204. 

### (Air Pollution ControlDivision; 3261ACll-6-6;filedFeb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filedJan 10, 2001, 3:20 p.m.: 24IR 1477;filedMay 21, 2002, 10:20 a.m.: 25 IR 3079;filedSep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA) SECTION 6. 326IAC 11-6-7 IS AMENDED TO READ AS FOLLOWS: 

### 326 lAC 11-6-7 Compliance,performancetesting, andmonitoring Authority: IC 1344-8; IC 13-17-3-4; IC 13-17-3-11 Mfected: IC 13-15; IC 13-17 Sec. 7. (a) Performancetests shallbe conducted and compliance shallbe dete1minedin accordance withthetestrnethods andproceduresfound in40 CFR 60, SubpmtEc, Section 60.56c*, as 

## amend:edat-14FR: 51409, 

## October 

## 6;:2-00-9; excluding the following: (1) Annual fugitive**~missions** 

### testingrequirements under Section 60.56c( c)(3)*. as 

## arnended at-94 F:R: 51409, 

## October 

## 6;ZBB9:- (2) Carbonmonoxide continuous emissions monitoring (CO CEMS) requirements under Section 60.56c(c)(4)*. as 

## amended at-94 FR: 51409,; 

## October 

## 6;2009:- (3) Compliancemonitoringrequirements formonitoring listedinthe following: (A) Section_60.56c(c)(5)(ii) through 60.56c(c)(5)(v)*. as

## amendedat94- 

## FR: 51409, 

## Octobet 

## 6;2009:- (B) Section60.56c(c)(6)*. as

## amendedat-94 FR: 51409, 

## Octobet 

## 6;2-009-: (C) Section60.56c( c)(7)*. as

## added at 

### T4

## FR: 51409, 

## October 

## 6;ZBB9:- (D) Section60.56c(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- FR51409, 

## October 6; 2009:- Sources subjectto the emissionlimits in section4(b) ofthisrulemayelectto use CO CEMS as specifiedunder Section 60.56c(c)(4)* 

## asaddedatMFR: 51409, 

## Oqober-6; Z009; or bagleak detection systems as specifiedin Section 60.57c(h)*. as**added~**

## -94

## FR: 51412, 

## October {)-; 2009:- (b) Theperformancetesting shall also meetthe requirements of326IAC 3-6, source samplingprocedures, including the submittal ofa testprotocolnotlaterthanthirty-five (35) days priortotheintendedtest date. The**te~t** 

### methods in40 CFR 60, SubpartEc, Section 60.56c*, 

## as amended at

## -94 FR 51409, 

## October 6-; 2009-; shall notbemodifiedunless approvedbythe U.S. EPA aciminlstrator.

Page 4 of 8

### (c) The owner or operator ofa designated facility shall complywiththemonitoring requirements specifiedin40 CFR 60, SubpartBe, Section 60:57c*. as.amended 

## at

## 74- FR: 51412, Octobet 

## 6;2009-:

. (d) The owner or operatO),' ofa designatedfacility mayuse theresults ofprevious emissionsteststo demonstrate compliance withthe emissionlimits in. section 4(b) or4(c) ofthis rule, providedthatthe owner or operator follows the conditions in40 CFR 60, Subpatt Ce,

· Section 60.37e(f)*. asadded

## at

# 9-4 FR: 51403, October 

## 6;2009:- · *These documents are incorporatedbyreference. Copies maybe obtained from the GovernmentPrinting Office, 732North Capitol StreetNW, Washington, D.C. 20401 or are. available for reviewand copying attheIndianaDepattment ofEnvironmental Management, Office of

## :Air6ffieeof

## :Air Quality, 

## LegalCounsel, IndianaGovernment CenterNorth,Tenth 

## ThirteenthFloor, 100 NorthSenate Avenue, Indianapolis, Indiana46204. 

### (Air Pollution Control Division,· 3261AC11-6-7,·filedFeb 9, 1999, 4:28p.m.: 22 IR 1965; readopted filedJan 10, 2001, 3:20p.m.: 24IR 1477,·filed

## May 21, 2002; 10:20 a.m.. :25IR 3080;filedSep 28, 2011, 10:59 a.m.: 20111026-JR-326100733FRA)

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

## 326IACH-6-7.1 Inspectionrequirements 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 ofa designatedfacility shallundergo thefollowing: (1) 

## An initial equipmentinspectionthatmeets the requirements specified in40 CFR60, Subpart Ce, Section 60.36e(a)(l) and 60.36e(a)(2)*, as amended

## at74- FR: 51403, Octobet 

## 6; 2069; within one (1) year after the effective 

## date of

## the26-H amendments

## to- this

## rule-:- 

# by OctoberZ8, 2012.

. ·· (2) 

## An equipmentinspection annuallythereafter, butriot morethantwelve (12) months following the_previous annual**equipmen~** 

### inspection, as outlinedin subdivision (1). (b) The owneror operator ofa designatedfacility shallund,ergo thefollowing: (1) 

## An initial airpollutioncontrol device inspectionthatmeets the requirements specified in40 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 

## dateof

## the 26-H amendments

## to- this rttl:e; 

## by**Octob~r** 

## 28, 2012. (2) 

## An equipmentinspection annuallythereafter,'butnotmorethantwelve (12) months following theprevious annual equipmentinspection, as outlinedin subdivision (1). *These.documents are incorporatedbyreference. Copies maybe obtainedfromthe· GovernmentPrinting Office, 732North Capitol StreetNW, Washington, D.C. 20401 or are available for reviewand copying atthe IndianaDepattment ofEnvironmentalManagement, Page 5 of 8

### Office of

## :Air Quality, 

## LegalCounsel, Indiana Government CenterNmth,

## Tenth Thirteenth Floor, 100North Senate Avenue, Indianapolis, Indiana46204. 

### (AirPollution ControlDivision; 326lAC11-6-l.l;filedSep28,2011, 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 ASFOLLOWS: 

## 326 lAC 11-6-8 Reporting and recordkeeping 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 oroperator ofa designatedfacility shall complywiththe reporting andrecordkeepingrequirements in40 CFR60, Subpmt

## Ec, Section60.58c(b) through 60.58c(g)*, as**am~:nded** 

## at94

### FR: 51413, October 

## 6; 2-009; and76 FR 18413, April4, 2011, excludingthe following: .(1) 40 CFR60, SubpmtEc, Section 60.58c(b)(2)(xviii) (bag leak detection system· almms)*. as

## added at94

## FR: 51413, October 

## 6-; 2009-: (2) 40 CFR60, SubpartBe, Section 60.58c(b )(2)(xix) (CO CEMS data)*. as

## acMed: at94 

## FR: 51413, October 

## 6-; 2009: u 

### · (3) 40 CFR60, SubpmtEc, 60.58c(b)(7) (siting)*.

(b) The owner or operator ofa designated facility shall maintainrecords ofthe annual equipmentmspections that merequiredunder section7.1 ofthis rule, anyrequiredmaintenance, and anyrepairsnot completedwithinten (10) days ofaninspection. *These documents m·e incmporated byreference. Copies maybe obtained from the GovernmentPrinting Office, 732NmthCapitol StreetNW,Washington, D.C. 20401 or are availablefor review andcopying attheIndianaDepartment ofEnviromnental Management, Office of

## :Air· Quality·, 

## Legal'counsel, Indiana Government CenterNorth,

# TenthThirteenth Floor, 100NorthSenateAvenue,Indianapolis, Indiana46204. 

### (Air Pollution Control Division; 3261AC11-6-8;filedFeb 9, 1999, 4:28p.m.: 221R i966; readopted filedJan 10, 2001, 3:20 p.m.: 24IR1477;filedMay21, 2002, ]0:20a.m.: 251R3080;filedSep28, 2011, ]0:59a.m.: 20111026-IR-32_6100733FRA) SECTION 9. 326 lAC 11-9-3 IS AMENDED TO READ AS FOLLOWS: 

## 326lAC 11-9-3 Requirements; incorporation by

## reference offederal 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 

### airpollution controlbomdincmporatesbyreferencethefollowing sections of 40 CFR 60, SubpartFFFF, Emission Guidelines andCompliance Times for Other Solid .Waste IncinerationUnitsthat Commenced Construction OnorBefore December 9, 2004: Page 6 of 8

### (1) 40 CPR 60.3000 through 40 CPR60.3002 Compliance Schedule*. (2) 40 CPR60.3010 through 40 CPR60.3012 WasteManagementPlan*. 

### {3) 40-CFK 603o-I4.tlircnigli40-CFR 50.3020 OperatorTraining arid. Qualification*. (4) 40 CPR 60.3022 through40 CPR60.3025 EmissionLimitations and Operating Limits*. as amended 

### by 7tFR: 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 CPR60.3036 Continuous Compliance Requirements*. (8) 40 CPR 60-.303 8through40 CPR 60.3044 Monitoring*. (9) 40 CPR 60.3046 through 40 CPR60.3057 RecordKeeping andReporting*. (10) 40 CPR 60.3059 and 40 CPR60.3060 TitleV Operating Permits*. (11)40 CFR 60.3061 Temporary-Use Incinerators and Air CurtainIncinerators Usedin DisasterRecovery*.

. (12) 40 CFR 60.3062through 40 CFR 60.3069 Air CurtainIncineratorsthatBumOnly WoodWaste, CleanLumber, and YardWaste*. (13) 40 CFR 60.3076Equations*. (14) 40 CFR 60.3078 Definitions*. (15) 40 CFR.60, SubpmtFFFF, Tables 1through 5*, as amended by71 FR67806 (November 24, 2006)*. *These documents are incorporatedbyreference andmaybe obtainedfromthe GovernmentPrinting Office,732NorthCapitol, Washington, D.C. 20401 or are available for copying atthe IndianaDepartment ofEnvironmental Management, Offlce of

### :Air Quality, 

### Legal Counsel,IndianaGovernment CenterNmth,

### Tenth ThirteenthFloor, 100NorthSenateAvenue, rlldianapolis, Indiana46204. 

### (Air Pollution ControlDivision; 326lAC11-9-3;filedJul10,**~007,** 

### 2:19p.m.: 200-70808-IR-326060437FRA) SECTION 10. 326.IAC 20-95-1 IS AMENDED TO READ AS FOLLOWS: 

### 326lAC20-95-1 Applicability; incorporation byreference offederal 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) Thisrule applies to sources as providedin

### the :fttly

## t;2fH:-6; editionof40 CFR 63.7485*. (b) The air

### pollution controlboardincorporates byreference 

### the :fu:ly

## t;2f1tO; edition of 

### 40 CFR 63, SubpartDDDDD*, national emission standards for hazardous airpollutants for industrial, commercial, and**in~titutional** 

### boilers andprocess heaters. (c) Owners and operators mayusethe emission averagingprovisions as specifiedunder 

### the:fttly 

## t;2-6t6; editionof40**CFR_6~.7522*.** 

### · .

Page 7 of 8

### (d) Under 326 lAC 3:-6, source sampling procedures, a testprotocolform for an emissions testis due tp.irty-five (35) days before the intendedtest date. *This documentis incqrporatedbyreference. Copies maybe obtainedfrom the GovernmentPrinting Office, 732North Capitol StreetNW, Washington, D.C. 20401 or are availableforreview andcopying attheIndianaDepartment ofEnvironmentalManagement, Office of

### Air

## Quality-, Legal Counsel, Indiana Government CenterNorth, 

### renfu·

### Thirteenth Floor, 100 North SenateAvenue, Indianapolis, Indiana46204. 

### (Air Pollution ControlDivision; 326lAC 20-95-1;}iledNov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA;filedMar 28, 2012, 12:51p.m.: 20120425-JR-326110472FRA)

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