IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

Mitchell E. Daniels Jr. 100 North Senate Avenue

Governor Indianapolis, Indiana 46204

(317) 232-8603

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

Commissioner www.idem.IN.gov

Susan Hedman

Regional Administrator

U.S. EPA, Region 5

77 West Jackson Boulevard

Chicago, Illinois 60604

Dear Ms. Hedman:

December 7, 2010

Re: State Implementation Plan Submittal for Indiana

Regarding 326 lAC 8-14; Emissions ofYolatile Organic

Compounds from Architectural and Industrial

Maintenance (AIM) Coatings, LSA #06-604(F)

Pursuant to Section 110 of the 1990 Clean Air Act and Title 13 ofthe Indiana Code, the Indiana

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

implementation plan. This amendment consists of the addition ofa new rule at 326 lAC 8-14, concerning

emissions of volatile organic compounds (YOC) from architectural and industrial maintenance (AIM)

coatings.

The new rule is based on the Ozone Transport Commission model rule for AIM coatings and

includes standards for AIM coatings, container labeling requirements, recordkeeping and repOlting

requirements, compliance and test methods. Additionally, the new rule contains YOC content requirements

and application standards for traffic marking coatings applicable during the ozone season (May I through

September 30). In order to assist with your review of this state implementation plan submission, a list of

suppOlting documents is attached.

Throughout the development ofthis rule, staff of the Office of Air Quality worked closely with

your staffto ensure that any potential problems that might exist with this requested state implementation

plan revision would be resolved. I request that U.S. EPA approve this modification of Indiana's state

implementation plan. If you have any questions regarding this submittal, please contact Scott Deloney, Air

Programs Branch Chief, Office of Air Quality at (317) 233-5694.

Sincerely,

j~L 3~8r~ Keith Baugues

Assistant Commissioner, Office of Air Quality

KB/as

Attachments: Supporting Documents

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

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

Scott Deloney, IDEM (no enclosures)

Christine Pedersen, IDEM (no enclosures)

Amy Smith, IDEM (no enclosures)

SIP file

Recycled Paper $ An Equal Opportunity Employer Please Recycle 0
Supporting Documents

Attachment A: Final rule. LSA Document #06-604(F) as published in the Indiana Register on

December 1,2010 (DIN: 20101201-IR-326060604FRA)

Attachment B: Signature Page

Attachment C: Second Notice as published in the Indiana Register on October 15, 2008 (DIN:

200810I5-IR-326060604SNA)

Attachment D: Publisher's Affidavits

Attachment E: Transcript of First Public Hearing held on June 2, 20 IO.

Attachment F: Transcript of Second Public Hearing held on September I, 20 IO.

Attachment G: Proposed rule as published in the Indiana Register on July 21, 2010 (DIN:

20 I0072 I-IR-326060604PRA)

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

----- ---~-------
TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule

LSA Document #06-604(F)

DIGEST

Adds 326 IAC 8-14 concerning volatile organic compound emissions and limitations applicable to

architectural and industrial maintenance coatings. Effective 30 days after filing with the Publisher.

HISTORY

First Notice of Comment Period: January 10, 2007, Indiana Register (DIN: 20070110-IR-326060604FNA).

Second Notice of Comment Period: October 15, 2008, Indiana Register (DIN: 20081015-IR-326060604SNA).

Notice of First Hearing: October 15, 2008, Indiana Register (DIN: 20081015-IR-326060604PHA).

Change in Notice of Public Hearing: December 3, 2008, Indiana Register (DIN:

20081203-IR-326060604CHA).

Change in Notice of Public Hearing: February 25, 2009, Indiana Register (DIN:

20090225-IR-326060604CHA).

Change in Notice of Public Hearing: February 3, 2010, Indiana Register (DIN: 20100203-IR-326060604CHA).

Change in Notice of Public Hearing: April 28, 2010, Indiana Register (DIN: 20100428-IR-326060604CHA).

Date of First Hearing: June 2, 2010.

Fiscal Impact Statement: July 21, 2010, Indiana Register (DIN: 20100721-IR-326060604FIA).

Proposed Rule: July 21, 2010, Indiana Register (DIN: 20100721-IR-326060604PRA).

Notice of Second Hearing: July 21, 2010, Indiana Register (DIN: 20100721-IR-326060604PHA).

Change in Notice of Public Hearing: July 28, 2010, Indiana Register (DIN: 20100728-IR-326060604CHA).

Date of Second Hearing: September 1, 2010.

326 IAC 8-14

SECTION 1. 326 IAC 8-14 IS ADDED TO READ AS FOLLOWS:

Rule 14. Architectural and Industrial Maintenance (AIM) Coatings

326 IAC 8-14-1 Applicability

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

Affected: IC 13-12

Sec. 1. This rule applies to any person who supplies, sells, offers for sale, or manufactures any AIM

coating for use within the state of Indiana, as well as any person who applies or solicits the application of

any AIM coating within the state of Indiana, except for the following:

(1) Any AIM coating that is sold or manufactured for:

(A) use outside of the state of Indiana; or

(B) shipment to other manufacturers for reformulation or repackaging.

(2) Any aerosol coating product.

(3) Any AIM coating that is sold in a container with a volume of one (1) liter (one and fifty-seven

thousandths (1.057) quarts) or less.

(Air Pollution Control Board; 326 IAC 8-14-1; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)

326 IAC 8-14-2 Definitions

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

Affected: IC 13-12

Sec. 2. The following definitions apply throughout this rule:

(1) "Adhesive" means any chemical substance that is applied for the purpose of bonding two (2)

surfaces together other than by mechanical means.

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(2) "Aerosol coating product" means a pressurized coating product containing pigments or resins

that:

(A) dispenses product ingredients by means of a propellant; and

(B) is packaged in a disposable can for hand-held application or for use in specialized equipment for

ground traffic or ground marking applications.

(3) "AIM coatings" means architectural and industrial maintenance coatings.

(4) "Antenna coating" means a coating labeled and formulated exclusively for application to

equipment and associated structural appurtenances that are used to receive or transmit

electromagnetic signals.

(5) "Antifouling coating" means a coating labeled and formulated for application to submerged

stationary structures and their appurtenances to prevent or reduce the attachment of marine or

freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered

with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136).

(6) "Appurtenance" means any accessory to a stationary structure coated at the site of installation,

whether installed or detached, including, but not limited to, any of the following:

(A) Bathroom and kitchen fixtures.

(B) Cabinets.

(C) Concrete forms.

(D) Doors.

(E) Elevators.

(F) Fences.

(G) Hand railings.

(H) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or

stationary tools.

(I) Lampposts.

(J) Partitions.

(K) Pipes and piping systems.

(L) Rain gutters and downspouts.

(M) Stairways.

(N) Fixed ladders.

(O) Catwalks and fire escapes.

(P) Window screens.

(7) "Architectural coating" means a coating to be applied to any of the following:

(A) Stationary structures or the appurtenances at the site of installation.

(B) Portable buildings at the site of installation.

(C) Pavements.

(D) Curbs.

The term does not include adhesives, coatings applied in shop applications, or coatings applied to

nonstationary structures, such as airplanes, ships, boats, railcars, and automobiles.

(8) "Bitumens" means black or brown materials, including, but not limited to, asphalt, tar, pitch, or

asphaltite, that:

(A) are soluble in carbon disulfide;

(B) consist mainly of hydrocarbons; and

(C) are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

(9) "Bituminous roof coating" means a coating that incorporates bitumens that is labeled and

formulated exclusively for roofing.

(10) "Bituminous roof primer" means a primer that incorporates bitumens that is labeled and

formulated exclusively for roofing.

(11) "Bond breaker" means a coating labeled and formulated for application between layers of

concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is

poured.

(12) "Calcimine recoaters" means flat solvent borne coatings formulated and recommended

specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

(13) "Clear brushing lacquers" means clear wood finishes, excluding clear lacquer sanding sealers,

formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical

reaction and to provide a solid, protective film, that are:

(A) intended exclusively for application by brush; and

(B) labeled as specified in section 4(5) of this rule.

(14) "Clear wood coatings" means clear and semitransparent coatings, including lacquers and

varnishes, applied to wood substrates to provide a transparent or translucent solid film.

(15) "Coating" means a material applied onto or impregnated into a substrate for protective,

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decorative, or functional purposes. Such materials include, but are not limited to, the following:

(A) Paints.

(B) Varnishes.

(C) Sealers.

(D) Stains.

(16) "Colorant" means a concentrated pigment dispersion of water, solvent, or binder that is added to

an architectural coating after packaging in sale units to produce the desired color.

(17) "Concrete curing compound" means a coating labeled and formulated for application to freshly

poured concrete to retard the evaporation of water.

(18) "Concrete surface retarder" means a mixture of retarding ingredients, such as:

(A) extender pigments;

(B) primary pigments;

(C) resin; and

(D) solvent;

that interact chemically with the cement to prevent hardening on the surface where the retarder is

applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an

exposed aggregate finish.

(19) "Conjugated oil varnish" means a clear or semitransparent wood coating, labeled as such,

excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (tung oil) and

modified with other natural or synthetic resins, a minimum of fifty percent (50%) of the resin solids

consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes

penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may

contain small amounts of pigment to control the final gloss or sheen.

(20) "Conversion varnish" means a clear acid-curing coating with an alkyd or other resin blended with

amino resins and supplied as a single component or two (2) component product. Conversion

varnishes produce a hard, durable, clear finish designed for professional application to wood flooring.

Film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification

at the reactive ethers of the amino resins.

(21) "Dry fog coating" means a coating labeled and formulated only for spray application such that

overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the

surface coating activity.

(22) "Exempt compound" means a compound identified as exempt under the definition of VOC. The

exempt compounds content of a coating shall be determined in accordance with Method 24 of 40 CFR

Part 60, Appendix A* or SCAQMD Method 303-91 "Determination of Exempt Compounds", approved

June 1, 1991, and revised February 1993*.

(23) "Faux finishing coating" means a coating labeled and formulated as a stain or a glaze to create

artistic effects including, but not limited to, the following:

(A) Dirt.

(B) Old age.

(C) Smoke damage.

(D) Simulated marble.

(E) Simulated wood grain.

(24) "Fire-resistive coating" means an opaque coating labeled and formulated to protect structural

integrity by increasing the fire endurance of interior or exterior steel and other structural materials,

that has been:

(A) fire tested and rated by a nationally recognized testing organization; and

(B) approved for use in bringing assemblies of structural materials into compliance with federal,

state, and local building code requirements.

The fire-resistive coating shall be tested in accordance with ASTM E119-05a "Standard Test Methods

for Fire Tests of Building Construction and Materials", November 2005*.

(25) "Fire-retardant coating" means a coating labeled and formulated to retard ignition and flame

spread, that has been:

(A) fire tested and rated by a nationally recognized testing organization; and

(B) approved for use in bringing building and construction materials into compliance with federal,

state, and local building code requirements.

The fire-retardant coating shall be tested in accordance with ASTM E84-05e1 "Standard Test Method

for Surface Burning Characteristics of Building Materials", February 2005*.

(26) "Flat coating" means a coating that:

(A) is not defined under any other definition in this rule; and

(B) registers a gloss less than fifteen (15) on an eighty-five (85) degree gloss meter or less than five

(5) on a sixty (60) degree gloss meter according to ASTM D523-89 "Standard Test Method for

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Specular Gloss", May 1999*.

(27) "Floor coating" means an opaque coating that is labeled and formulated for application to

flooring, including, but not limited to, the following:

(A) Decks.

(B) Porches.

(C) Steps.

(D) Other horizontal surfaces that may be subjected to foot traffic.

(28) "Flow coating" means a coating labeled and formulated exclusively for use by electric power

companies or their subcontractors to maintain the protective coating systems present on utility

transformer units.

(29) "Form-release compound" means a coating labeled and formulated for application to a concrete

form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood,

metal, or some material other than concrete.

(30) "Graphic arts coating or sign paint" means a coating labeled and formulated for hand application

by artists using brush or roller techniques to indoor and outdoor signs, excluding structural

components, and murals including the following:

(A) Letter enamels.

(B) Poster colors.

(C) Copy blockers.

(D) Bulletin enamels.

(31) "High-temperature coating" means a high performance coating labeled and formulated for

application to substrates exposed continuously or intermittently to temperatures above two hundred

four (204) degrees Celsius (four hundred (400) degrees Fahrenheit).

(32) "Impacted immersion coating" means a high performance maintenance coating formulated and

recommended for application to steel structures subject to immersion in turbulent, debris-laden water.

These coatings are specifically resistant to high energy impact damage by floating ice or debris.

(33) "Industrial maintenance coating" means a high performance architectural coating, including

primers, sealers, undercoaters, intermediate coats, or topcoats, formulated for application to

substrates exposed to one (1) or more of the following extreme environmental conditions and labeled

as specified in section 4(4) of this rule:

(A) Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or

chronic exposures of interior surfaces to moisture condensation.

(B) Acute or chronic exposure to:

(i) corrosive, caustic, or acidic agents;

(ii) chemicals;

(iii) chemical fumes; or

(iv) chemical mixtures or solutions.

(C) Repeated exposure to temperatures above one hundred twenty-one (121) degrees Celsius (two

hundred fifty (250) degrees Fahrenheit).

(D) Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent)

scrubbing with industrial solvents, cleansers, or scouring agents.

(E) Exterior exposure of metal structures and structural components.

(34) "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers,

formulated with cellulosic or synthetic resins to:

(A) dry by evaporation without chemical reaction; and

(B) provide a solid, protective film.

(35) "Low-solids coating" means a coating containing twelve-hundredths (0.12) kilogram or less of

solids per liter (one (1) pound or less of solids per gallon) of coating material.

(36) "Magnesite cement coating" means a coating labeled and formulated for application to magnesite

cement decking to protect the magnesite cement substrate from erosion by water.

(37) "Manufacturer's maximum recommendation" means the maximum recommendation for thinning

that is indicated on the label or lid of the coating container.

(38) "Mastic texture coating" means a coating labeled and formulated to:

(A) cover holes and minor cracks; and

(B) conceal surface irregularities;

that is applied in a single coat of at least ten mils (0.010 inch) dry film thickness.

(39) "Metallic pigmented coating" means a coating containing at least forty-eight (48) grams of

elemental metallic pigment per liter of coating as applied (four-tenths (0.4) pounds per gallon) when

tested in accordance with SCAQMD Method 318-95 "Determination of Weight Percent Elemental Metal

in Coatings by X-Ray Diffraction", July 1996*.

(40) "Multicolor coating" means a coating that:

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(A) is packaged in a single container; and

(B) exhibits more than one (1) color when applied in a single coat.

(41) "Nonflat coating" means a coating that:

(A) is not defined under any other definition in this rule; and

(B) registers a gloss of fifteen (15) or greater on an eighty-five (85) degree gloss meter and five (5) or

greater on a gloss meter when held at a sixty (60) degree angle according to ASTM D523-89

"Standard Test Method for Specular Gloss", May 1999*.

(42) "Nonflat-high-gloss coating" means a nonflat coating that registers a gloss of seventy (70) or

above on a sixty (60) degree gloss meter according to ASTM D523-89 "Standard Test Method for

Specular Gloss", May 1999*.

(43) "Nonindustrial" use means any use of architectural coatings except in the construction or

maintenance of any of the following:

(A) Facilities used in the manufacturing of goods and commodities.

(B) Transportation infrastructures, including the following:

(i) Highways.

(ii) Bridges.

(iii) Airports.

(iv) Railroads.

(C) Facilities used in mining activities, including petroleum extraction.

(D) Utilities infrastructures, including power generation and distribution and water treatment and

distribution systems.

(44) "Nuclear coating" means a protective coating formulated and recommended to seal porous

surfaces, such as steel (or concrete), that otherwise would be subject to intrusions by radioactive

materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure

and be tested in accordance with ASTM Method D4082-89 "Standard Test Method for Effects of

Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants", January 2002*. These

coatings must also be relatively easy to decontaminate and resistant to various chemicals to which

coatings are likely to be exposed and be tested in accordance with ASTM Method D3912-80 "Standard

Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants",

approved January 2001*.

(45) "Person" has the meaning set forth in IC 13-11-2-158(a).

(46) "Postconsumer coating" means a finished coating that would have been disposed of in a landfill,

having completed its usefulness to a consumer. The term does not include manufacturing wastes.

(47) "Pretreatment wash primer" means a primer that:

(A) contains a minimum of five-tenths percent (0.5%) acid, by weight, when tested in accordance

with ASTM D1613-03 "Standard Test Method for Acidity in Volatile Solvents and Chemical

Intermediates Used in Paint, Varnish, Lacquer, and Related Products", October 2003*; and

(B) is labeled and formulated for application directly to bare metal surfaces to:

(i) provide corrosion resistance; and

(ii) promote adhesion of subsequent topcoats.

(48) "Primer" means a coating labeled and formulated for application to a substrate to provide a firm

bond between the substrate and subsequent coats.

(49) "Quick-dry enamel" means a nonflat coating that is labeled as specified in section 4(8) of this rule

and that is formulated to have the following characteristics:

(A) Is capable of being applied directly from the container under normal conditions with ambient

temperatures between sixteen (16) and twenty-seven (27) degrees Celsius (sixty (60) and eighty (80)

degrees Fahrenheit).

(B) When tested in accordance with ASTM D1640-03 "Standard Test Methods for Drying, Curing, or

Film Formation of Organic Coatings at Room Temperature", December 2003*:

(i) sets to touch in two (2) hours or less;

(ii) is tack free in four (4) hours or less;

(iii) dries hard in eight (8) hours or less by the mechanical test method; and

(iv) has a dried film gloss of seventy (70) or above on a sixty (60) degree meter.

(50) "Quick-dry primer, sealer, and undercoater" means a primer, sealer, or undercoater that:

(A) is dry to the touch in thirty (30) minutes; and

(B) can be recoated in two (2) hours when tested in accordance with ASTM D1640-03 "Standard Test

Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature",

December 2003*.

(51) "Recycled coating" means an architectural coating formulated such that not less than fifty percent

(50%) of the total weight consists of secondary and postconsumer coating, with not less than ten

percent (10%) of the total weight consisting of postconsumer coating.

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(52) "Residence" means areas where people reside or lodge, including, but not limited to, the

following:

(A) Single and multiple family dwellings.

(B) Condominiums.

(C) Mobile homes.

(D) Apartment complexes.

(E) Motels.

(F) Hotels.

(53) "Roof coating" means a nonbituminous coating labeled and formulated exclusively for application

to roofs for the primary purposes of preventing penetration of the substrate by water or reflecting heat

and ultraviolet radiation. The term does not include metallic pigmented roof coatings that qualify as

metallic pigmented coatings. These roof coatings shall be considered to be in the metallic pigmented

coatings category.

(54) "Rust preventive coating" means a coating:

(A) formulated:

(i) exclusively for nonindustrial use; and

(ii) to prevent the corrosion of metal surfaces; and

(B) labeled as specified in section 4(6) of this rule.

(55) "Sanding sealer" means a clear or semitransparent wood coating labeled and formulated for

application to bare wood to:

(A) seal the wood; and

(B) provide a coat that can be abraded to create a smooth surface for subsequent applications of

coatings.

The term does not include a sanding sealer that also meets the definition of a lacquer, but it is

included in the lacquer category.

(56) "SCAQMD" means the South Coast Air Quality Management District in California.

(57) "Sealer" means a coating labeled and formulated for application to a substrate to prevent:

(A) subsequent coatings from being absorbed by the substrate; or

(B) harm to subsequent coatings by materials in the substrate.

(58) "Secondary coating (rework)" means a fragment of a finished coating or a finished coating from a

manufacturing process that has converted resources into a commodity of real economic value. The

term does not include excess virgin resources of the manufacturing process.

(59) "Shellac" means a clear or opaque coating:

(A) formulated solely with the resinous secretions of the lac beetle (Laciffer lacca);

(B) thinned with alcohol; and

(C) formulated to dry by evaporation without a chemical reaction.

(60) "Shop application" means an application of a coating to a product or a component of a product in

or on the premises of a factory or a shop as part of a:

(A) manufacturing;

(B) production; or

(C) repairing;

process.

(61) "Solicit" means to require for use or to specify, by written or oral contract.

(62) "Specialty primer, sealer, and undercoater" means a coating:

(A) labeled as required in section 4(7) of this rule; and

(B) formulated for application to:

(i) a substrate to seal fire, smoke, or water damage;

(ii) condition excessively chalky surfaces;

(iii) seal in efflorescence; or

(iv) block stains.

An excessively chalky surface is one that is defined as having a chalk rating of four (4) or less as

determined by ASTM D4214-98 "Standard Test Methods for Evaluating the Degree of Chalking of

Exterior Paint Films", August 1998*.

(63) "Stain" means a clear, semitransparent, or opaque coating labeled and formulated to change the

color of a surface but not conceal the grain pattern or texture.

(64) "Stone consolidant" means a coating that is labeled and formulated for application to stone

substrates to repair historical structures that have been damaged by weathering or other decay

mechanisms. Stone consolidants must:

(A) penetrate into stone substrates to create bonds between particles and consolidate deteriorated

material; and

(B) be specified and used in accordance with ASTM E2167-01 "Standard Guide for Selection and Use

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of Stone Consolidants"*.

(65) "Swimming pool coating" means a coating labeled and formulated to:

(A) coat the interior of swimming pools; and

(B) resist swimming pool chemicals.

(66) "Swimming pool repair and maintenance coating" means a rubber-based coating labeled and

formulated to be used over existing rubber-based coatings for the repair and maintenance of

swimming pools.

(67) "Temperature-indicator safety coating" means a coating labeled and formulated as a

color-changing indicator coating for:

(A) the purpose of monitoring the temperature and safety of the substrate, underlying piping, or

underlying equipment; and

(B) application to substrates exposed continuously or intermittently to temperatures above two

hundred four (204) degrees Celsius (four hundred (400) degrees Fahrenheit).

(68) "Thermoplastic rubber coating and mastics" means a coating or mastic:

(A) formulated and recommended for application to roofing or other structural surfaces; and

(B) that incorporates not less than forty percent (40%) by weight of thermoplastic rubbers in the total

resin solids and may also contain other ingredients including, but not limited to:

(i) fillers;

(ii) pigments; and

(iii) modifying resins.

(69) "Tint base" means an architectural coating to which colorant is added after packaging in sale

units to produce a desired color.

(70) "Traffic marking coating" means a coating labeled and formulated for marking and striping

streets, highways, or other traffic surfaces, including, but not limited to, the following:

(A) Curbs.

(B) Berms.

(C) Driveways.

(D) Parking lots.

(E) Sidewalks.

(F) Airport runways.

(71) "Undercoater" means a coating labeled and formulated to provide a smooth surface for

subsequent coatings.

(72) "U.S. EPA" means United States Environmental Protection Agency.

(73) "Varnish" means a clear or semitransparent wood coating, excluding lacquers and shellacs,

formulated to dry by chemical reaction. Varnishes may contain small amounts of pigment to:

(A) color a surface; or

(B) control the final sheen or gloss of the finish.

(74) "Volatile organic compound" or "VOC" means a compound as defined in 326 IAC 1-2-90.

(75) "Waterproofing concrete or masonry sealer" means a clear or pigmented coating that is labeled

and formulated for sealing concrete and masonry to provide resistance against the following:

(A) Water.

(B) Alkalis.

(C) Acids.

(D) Ultraviolet light.

(E) Staining.

(76) "Waterproofing sealer" means a coating labeled and formulated for application to a porous

substrate for the primary purpose of preventing the penetration of water.

(77) "Wood preservative" means a coating:

(A) labeled and formulated to protect exposed wood from decay or insect attack; and

(B) that is registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. Section 136).

* These documents are incorporated by reference. Copies are available for review and copying at the

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

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

(Air Pollution Control Board; 326 IAC 8-14-2; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)

326 IAC 8-14-3 Standards for AIM coatings

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

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Affected: IC 13-12

Sec. 3. (a) Except as provided in subsections (c) and (d), on or after October 1, 2011, no person shall:

(1) manufacture, blend, or repackage for sale within the state of Indiana;

(2) supply, sell, or offer for sale within the state of Indiana; or

(3) solicit for application or apply within the state of Indiana;

any AIM coating with a VOC content in excess of the corresponding limit specified in subsection (b).

(b) Compliance with the VOC content limits shall not exceed the following limits:

Coating Category

VOC Limit

(grams/liter)

VOC Limit

(pounds/gallon)

Flat coatings 100 0.835

Nonflat coatings 150 1.25

Nonflat-high-gloss coatings 250 2.09

Specialty coatings:

Antenna coatings 530 4.42

Antifouling coatings 400 3.34

Bituminous roof coatings 300 2.50

Bituminous roof primers 350 2.92

Bond breakers 350 2.92

Calcimine recoaters 475 3.96

Clear wood coatings:

Clear brushing lacquers 680 5.67

Lacquers, including clear lacquer sanding sealers 550 4.59

Sanding sealers, excluding clear lacquers 350 2.92

Varnishes other than conversion varnishes 350 2.92

Conjugated oil varnish 450 3.76

Conversion varnish 725 6.05

Concrete curing compounds 350 2.92

Concrete surface retarders 780 6.51

Dry fog coatings 400 3.34

Faux finishing coatings 350 2.92

Fire-resistive coatings 350 2.92

Fire-retardant coatings (clear) 650 5.42

Fire-retardant coatings (opaque) 350 2.92

Floor coatings 250 2.09

Flow coatings 420 3.51

Form-release compounds 250 2.09

Graphic arts coatings (sign paints) 500 4.17

High temperature coatings 420 3.51

Impacted immersion coatings 780 6.51

Industrial maintenance coatings 340 2.84

Low-solids coatings 120 1.00

Magnesite cement coatings 450 3.76

Mastic texture coatings 300 2.50

Metallic pigmented coatings 500 4.17

Multicolor coatings 250 2.09

Nuclear coatings 450 3.76

Pretreatment wash primers 420 3.51

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Primers, sealers, and undercoaters 200 1.67

Quick-dry enamels 250 2.09

Quick-dry primers, sealers, and undercoaters 200 1.67

Recycled coatings 250 2.09

Roof coatings 250 2.09

Rust preventive coatings 400 3.34

Shellacs (clear) 730 6.09

Shellacs (opaque) 550 4.59

Specialty primers, sealers, and undercoaters 350 2.92

Stains 250 2.09

Stone consolidants 450 3.76

Swimming pool coatings 340 2.84

Swimming pool repair and maintenance coatings 340 2.84

Temperature-indicator safety coatings 550 4.59

Thermoplastic rubber coatings and mastics 550 4.59

Traffic marking coatings (ozone season-May 1 to September 30) 105 0.876

Traffic marking coatings (nonozone season- October 1 to April 30) 150 1.25

Waterproofing sealers 250 2.09

Waterproofing concrete or masonry sealers 400 3.34

Wood preservatives 350 2.92

Conversion factor: one gram VOC per liter = 0.0083454 pound per gallon.

(c) If anywhere on the container of an AIM coating, or any label or sticker affixed to the container, or in

any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf,

any representation is made that indicates that the coating meets the definition or is recommended for use

for more than one (1) of the categories listed in subsection (b), then the category with the most restrictive

VOC content limit shall apply. This provision does not apply to the coating categories specified as

follows:

(1) Lacquer coatings, including lacquer sending sealers.

(2) Metallic pigmented coatings.

(3) Shellacs.

(4) Fire-retardant coatings.

(5) Pretreatment wash primers.

(6) Industrial maintenance coatings.

(7) Low-solids coatings.

(8) Wood preservatives.

(9) High temperature coatings.

(10) Temperature-indicator safety coatings.

(11) Antenna coatings.

(12) Antifouling coatings.

(13) Flow coatings.

(14) Bituminous roof primers.

(15) Specialty primers, sealers, and undercoaters.

(16) Thermoplastic rubber coatings and mastics.

(17) Calcimine recoaters.

(18) Impacted immersion coatings.

(19) Nuclear coatings.

(d) The following sell through provisions apply to AIM coatings:

(1) A coating manufactured prior to October 1, 2011, may be sold, supplied, or offered for sale until

October 1, 2014.

(2) A coating manufactured before October 1, 2011, may be applied at any time both before and after

October 1, 2011, so long as the coating complied with the standards in effect at the time the coating

was manufactured.

(3) The provisions in subdivisions (1) and (2) do not apply to any coating that does not display the date

or date code required by section 4(1) of this rule.

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(e) The following work practices are required:

(1) All AIM coatings containers used to apply the contents therein to a surface directly from the

container by:

(A) pouring;

(B) siphoning;

(C) brushing;

(D) rolling;

(E) padding;

(F) ragging; or

(G) other means;

shall be closed when not in use.

(2) Containers of any VOC-containing materials used for thinning and cleanup shall be closed when

not in use.

(f) No person who applies or solicits the application of any AIM coating shall apply a coating that is

thinned to exceed the applicable VOC limit specified in subsection (b).

(g) No person shall apply or solicit the application of any rust preventative coating for industrial use,

unless the rust preventative coating complies with the industrial maintenance coating VOC content limit

specified in subsection (b).

(h) If a coating does not meet any of the definitions for the specialty coatings categories listed in

subsection (b), the VOC content limit shall be determined by classifying the coating as a flat coating,

nonflat coating, or nonflat-high-gloss coating as defined in section 2 of this rule. The corresponding flat

or nonflat coating VOC content limit shall apply.

(Air Pollution Control Board; 326 IAC 8-14-3; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)

326 IAC 8-14-4 Container labeling

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

Affected: IC 13-12

Sec. 4. On and after October 1, 2011, each manufacturer of any AIM coating subject to this rule shall

prominently display the following information on the coating container or label in which the coating is

sold or distributed:

(1) A date code, as follows:

(A) The date the coating was manufactured, or a date code representing the date, shall be indicated

on the label, lid, or bottom of the container.

(B) If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation

of each code with the department.

(2) Thinning recommendations, as follows:

(A) A statement of the manufacturer's recommendation regarding thinning of the coating shall be

indicated on the label or lid of the container.

(B) This requirement does not apply to the thinning of architectural coatings with water.

(C) If thinning of a coating prior to use is not necessary, the recommendation must specify that the

coating is to be applied without thinning.

(3) VOC content, as follows:

(A) Each container of any coating subject to this rule shall display either the maximum or the actual

VOC content of the coating, as supplied, including the maximum thinning recommended by the

manufacturer.

(B) VOC content shall be displayed in grams of VOC per liter of coating.

(C) VOC content displayed shall be:

(i) calculated using product formulation data; or

(ii) determined using the test methods in section 6(b) of this rule.

The equations in section 6(a) of this rule shall be used to calculate VOC content.

(4) The label or the lid of the container in which an industrial maintenance coating is sold or

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Date: Dec 09,2010 9:12:24AM EST DIN: 20101201-IR-326060604FRA Page 10
distributed shall display one (1) or more of the following industrial maintenance coatings descriptions:

(A) "For industrial use only".

(B) "For professional use only".

(C) "Not for residential use".

(D) "Not intended for residential use".

(5) The labels of all clear brushing lacquers shall prominently display the following statements:

(A) "For brush application only".

(B) "This product must not be thinned or sprayed".

(6) The labels of all rust preventive coatings shall prominently display the statement "For metal

substrates only".

(7) The labels of all specialty primers, sealers, and undercoaters shall prominently display one (1) or

more of the following descriptions:

(A) "For blocking stains".

(B) "For fire-damaged substrates".

(C) "For smoke-damaged substrates".

(D) "For water-damaged substrates".

(E) "For excessively chalky substrates".

(F) "To seal in efflorescence".

(8) The labels of all quick dry enamels shall prominently display the words "Quick Dry" and the dry

hard time.

(9) The labels of all nonflat-high-gloss coatings shall prominently display the words "High Gloss".

(10) The labels of all stone consolidants shall prominently display the statement "Stone

Consolidant-For Professional Use Only".

(Air Pollution Control Board; 326 IAC 8-14-4; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)

326 IAC 8-14-5 Recordkeeping and reporting requirements

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

Affected: IC 13-12

Sec. 5. (a) Each manufacturer of a product subject to a VOC content limit in section 3(b) of this rule

shall keep records demonstrating compliance with the VOC content limits. The records shall clearly list

each product by all of the following:

(1) Name.

(2) Identifying number if applicable.

(3) VOC content as determined by section 6 of this rule.

(4) Name or names and chemical abstract service (CAS) number of the VOC constituents in the

product.

(5) Dates of the VOC content determinations.

(6) Coating category and applicable VOC content limit.

(b) The records required by subsection (a) shall be:

(1) kept for a period not less than five (5) years; and

(2) made available to the department for inspection within ninety (90) days of request.

(c) Each manufacturer shall, upon request of the department, provide data concerning the distribution

and sales of coatings subject to a VOC content limit in section 3(b) of this rule. The manufacturer shall

within ninety (90) days provide the following information:

(1) The name and mailing address of the manufacturer.

(2) The name, address, and telephone number of a contact person.

(3) The name of the product as it appears on the label and the coating category under which it is

regulated, as listed in section 3(b) of this rule.

(4) Whether the coating is marketed for interior use or exterior use, or both.

(5) The number of gallons sold in the state of Indiana in containers greater than one (1) liter.

(6) The actual VOC content and VOC content in grams per liter. If thinning is recommended, list the

actual VOC content and VOC content limit after recommended thinning.

(7) The names and CAS number of the VOC constituents in the product.

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(d) Manufacturers of an AIM coating that contains perchloroethylene or methylene chloride shall,

within thirty (30) days upon request of the department, submit a report to the department that includes the

following information for the product sold in the state during the previous twelve (12) months from the

date of the department's request:

(1) The product's brand name and a copy of the product label with the legible usage instructions.

(2) The coating category, listed in section 3(b) of this rule, to which the coating belongs.

(3) The total sales during the twelve (12) month period to the nearest gallon.

(4) The volume percent, to the nearest one-tenth of one percent (0.10%), of perchloroethylene and

methylene chloride in the coating.

(e) Manufacturers of recycled coatings shall, within thirty (30) days upon request of the department,

submit a letter to the department certifying their status as a recycled paint manufacturer. The report shall

include the following information for all recycled coatings for the previous twelve (12) months from the

date of the department's request:

(1) The total number of gallons distributed in Indiana during the twelve (12) month period.

(2) A description of the method used by the manufacturer to calculate state distribution.

(f) Manufacturers of bituminous roof coatings or bituminous roof primers shall, within thirty (30) days

upon request of the department, submit a report that includes the following information for the previous

twelve (12) months from the date of the department's request:

(1) The total number of gallons of bituminous roof coatings or bituminous roof primers sold in Indiana

during the twelve (12) month period.

(2) A description of the method used by the manufacturer to calculate state sales.

(Air Pollution Control Board; 326 IAC 8-14-5; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)

326 IAC 8-14-6 Compliance provisions and test methods

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

Affected: IC 13-12

Sec. 6. (a) For the purpose of determining compliance with the VOC content limits in section 3(b) of

this rule, the VOC content of a coating shall be determined using the procedures described in subdivision

(1) or (2), as appropriate. The VOC content of a tint base shall be determined without colorant that is

added after the tint base is manufactured. VOC content shall be determined as follows:

(1) With the exception of low-solids coatings, determine the VOC content in grams of VOC per liter of

coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water

and exempt compounds, using the following equation:

Where: VOC Content = grams of VOC per liter of coating

Ws= weight of volatiles, in grams

Ww= weight of water, in grams

Wec= weight of exempt compounds, in grams

Vm= volume of coating, in liters

Vw= volume of water, in liters

Vec= volume of exempt compounds, in liters

(2) For low solid coatings, determine the VOC content in units of grams of VOC per liter of coating

thinned to the manufacturer's maximum recommendation, including the volume of any water and

exempt compounds, using the following equation:

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Where: VOC Contentls = the VOC content of a low-solids coating in grams per liter of

coating

Ws= weight of volatiles, in grams

Ww= weight of water, in grams

Wec= weight of exempt compounds, in grams

Vm= volume of coating, in liters

(b) To determine the physical properties of a coating in order to perform the calculations in subsection

(a), the reference method for VOC content is Method 24 of 40 CFR Part 60, Appendix A*, except as

provided in subsections (c) and (d). An alternative method to determine the VOC content of coatings is

SCAQMD Method 304-91* "Determination of Volatile Organic Compounds in Various Materials", February

1996. The exempt compounds content shall be determined by SCAQMD Method 303-91* "Determination of

Exempt Compounds", February 1993. To determine the VOC content of a coating, the manufacturer may

use Method 24 of 40 CFR Part 60, Appendix A*, or an alternative method, as provided in subsection (c),

formulation data, or any other reasonable means for predicting that the coating has been formulated as

intended, for example, quality assurance checks, recordkeeping. However, if there are any

inconsistencies between the results of a test conducted utilizing Method 24 of 40 CFR Part 60, Appendix

A* and any other means for determining VOC content, the results of the test utilizing Method 24 of 40 CFR

Part 60, Appendix A* will govern, except when an alternative method is approved as specified in

subsection (c). The department may require the manufacturer to conduct an analysis using Method 24 of

40 CFR Part 60, Appendix A*.

(c) The use of alternative test methods demonstrated to provide results that are acceptable for

purposes of determining compliance with subsection (b) after review and approval in writing by the

department and the U.S. EPA may be used.

(d) Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall be

conducted according to a modification of Method 24 of 40 CFR Part 60, Appendix A*. This method has not

been approved for methacrylate multicomponent coatings used for purposes other than as traffic marking

coatings or for other classes of multicomponent coatings.

*These documents are incorporated by reference. Copies are available for review and copying at the

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

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

(Air Pollution Control Board; 326 IAC 8-14-6; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)

326 IAC 8-14-7 Application of traffic marking materials

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

Affected: IC 13-12

Sec. 7. (a) Except as provided in section 3(d) of this rule, after October 1, 2011, during the ozone

season (May 1 through September 30), no person may cause, allow, or permit the application of traffic

marking material that exceeds the following limits:

(1) For traffic marking material that is a liquid at the time of application, the VOC content limits listed in

section 3(b) of this rule.

(2) For field-reacted traffic marking material, or for traffic marking material that is not measurable as a

liquid at the time of application, a VOC emission rate of three and six-tenths (3.6) kilograms per

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Date: Dec 09,2010 9:12:24AM EST DIN: 20101201-IR-326060604FRA Page 13
stripe-kilometer or twelve and two-tenths (12.2) pounds per stripe-mile.

(b) Any person subject to this section who applies traffic marking material shall maintain the following

records:

(1) Types and amounts of traffic marking materials purchased annually.

(2) The VOC content or emission rate of each type of traffic marking material applied in any of the

following:

(A) Grams per liter.

(B) Pounds per gallon.

(C) Kilograms per stripe-kilometer.

(D) Pounds per stripe-mile.

(3) Monthly quantities of each type of traffic marking material applied.

(c) The records required in subsection (b) shall be:

(1) kept for a period of three (3) years after the traffic marking material is applied; and

(2) made available to the department for inspection within ninety (90) days of the request.

(Air Pollution Control Board; 326 IAC 8-14-7; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)

LSA Document #06-604(F)

Proposed Rule: 20100721-IR-326060604PRA

Hearing Held: September 1, 2010

Approved by Attorney General: October 26, 2010

Approved by Governor: October 29, 2010

Filed with Publisher: November 1, 2010, 11:58 a.m.

Documents Incorporated by Reference: Method 24 of 40 CFR Part 60, Appendix A, "Determination of Volatile

Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings"; SCAQMD

Method 303-91, "Determination of Exempt Compounds", South Coast Air Quality Management District, 1993;

ASTM Standard E119-05a, "Standard Test Method for Fire Tests of Building Construction and Materials", ASTM

International, West Conshohocken, PA 19428; ASTM Standard E84-05e1, "Standard Test Method for Surface

Burning Characteristics of Building Materials", ASTM International, West Conshohocken, PA 19428; ASTM

Standard D523-89(1999), "Standard Test Method for Specular Gloss", ASTM International, West Conshohocken,

PA 19428; SCAQMD Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray

Diffraction", South Coast Air Quality Management District, 1996; ASTM Standard D4082-89(2002), "Standard

Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants", ASTM

International, West Conshohocken, PA 19428; ASTM Standard D3912-95(2001), "Standard Test Method for

Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants", ASTM International, West

Conshohocken, PA 19428; ASTM Standard D1613-03, "Standard Test Method for Acidity in Volatile Solvents and

Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products", ASTM International, West

Conshohocken, PA 19428; ASTM Standard D1640-03, "Standard Test Methods for Drying, Curing, or Film

Formation of Organic Coatings at Room Temperature", ASTM International, West Conshohocken, PA 19428;

ASTM Standard D4214-98, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint

Films", ASTM International, West Conshohocken, PA 19428; ASTM Standard E2167-01, "Standard Guide for

Selection and Use of Stone Consolidants", ASTM International, West Conshohocken, PA 19428; SCAQMD

Method 304-91, "Determination of Volatile Organic Compounds (VOC) in Various Materials", South Coast Air

Quality Management District, 1996

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

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

(800) 988-7901, ctap@idem.in.gov

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

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

bbaughn@idem.in.gov

Posted: 12/01/2010 by Legislative Services Agency

An html version of this document.

Indiana Register

Date: Dec 09,2010 9:12:24AM EST DIN: 20101201-IR-326060604FRA Page 14
B
Rule Signature Page

Rule#:

Agency:

Subject:

LSA #06-604(F)

Air Pollution Control Board

Architectural and Industrial Maintenance (AIM) Coatings VOC Rule

Date:._e>;-'-...L/_/+,/z_'Za-_1_6'--.-

James Miner, M.D.

Chainnan

Air Pollution Control Board

By:

ADOPTED: .

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Date: lelAG/!O

APPROVED:

By: Mitchell1Uf'~~. E. Daniels, Jr.

Governor, State ofIndiana

Date:----,!'x.-O-'-!:{t::...c4,-,--{~1/)'---

ACCEPTED FOR FILING:

By: Date:._~__ _

TITLE 326 A1R POLLUTION CONTROL BOARD

LSA Document #06-604(FR)

Filed with Pnblisher: November I, 2010. 11:58 a.m.

By: Kks
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TITLE 326 AIR POLLUTION CONTROL BOARD

SECOND NOTICE OF COMMENT PERIOD

LSA Document #06-604

DEVELOPMENT OF NEW RULES CONCERNING VOLATILE ORGANIC COMPOUNDS FOR

ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS

PURPOSE OF NOTICE

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

rules at 326 IAC 8-14 concerning architectural and industrial maintenance (AIM) coatings. By this notice, IDEM is

soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and

any other provisions of Title 326 that may be affected by this rulemaking.

HISTORY

First Notice of Comment Period: January 10, 2007, Indiana Register (DIN: 20070110-IR-326060604FNA).

CITATIONS AFFECTED: 326 IAC 8-14.

AUTHORITY: IC 13-14-8; IC 13-17-3-11; IC 13-17-3-12.

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

Basic Purpose and Background

In the April 30, 2004, Federal Register (69 FR 23858), the U.S. EPA designated 23 counties as

nonattainment for the 8-hour ozone standard. Only one monitoring location in Indiana does not currently meet the

8-hour ozone standard of 0.085 parts per million (ppm), and 21 of the 23 counties have been redesignated to

attainment. While Lake and Porter counties measured air quality that met the 8-hour ozone standard from 2004

through 2006, a single monitoring location in Lake County measured air quality just above the standard in 2007.

IDEM expects this site to reattain in 2008, and the department continues to work with the U.S. EPA to have Lake

County and Porter County redesignated to attainment. Additionally, since the Cincinnati, Ohio, metropolitan area

has not yet attained the 8-hour standard, IDEM has prepared a state implementation plan (SIP) revision for

Lawrenceburg Township in Dearborn County that addresses its contribution to Cincinnati's ozone nonattainment.

It is prudent for Indiana to consider implementing additional cost-effective measures to reduce emissions that

contribute to the formation of ozone. The reasons for considering additional reductions include: the narrow margin

between Indiana's current air quality and the existing 8-hour ozone standard as well as the challenges Indiana

faces in improving air quality to meet the new 8-hour ozone standard of 0.075 ppm that the U.S. EPA lowered on

March 12, 2008, and the concerns expressed by other states that emissions from Indiana are contributing to their

inability to attain the standard (the Clean Air Act provides a legal mechanism for those states to require Indiana to

reduce Indiana's potential contribution to nonattainment in other states).

In an effort to assist neighboring states in the development of SIPs to comply with the federal requirements,

the Lake Michigan Air Directors Consortium (LADCO) has been working with its member states to identify and

recommend regional controls that would help states bring areas back into attainment for the 8-hour ozone

standard. The LADCO states include Illinois, Indiana, Michigan, Ohio, and Wisconsin. The LADCO states have

discussed applying certain VOC control measures to all counties in the region in order to provide a general benefit

to all ozone and fine particle nonattainment areas. LADCO has evaluated potential reductions from various

regulatory options that could be adopted on a multistate basis in the region. Based on discussions with other

LADCO states and information provided by LADCO, IDEM proposes to develop an AIM coatings rule for Indiana

as part of a regional effort to control ozone. This rule is part of a larger group of VOC control rules that have been

agreed to by the LADCO states to address regional ozone and fine particle nonattainment. Other VOC control

rules include automobile refinishing, consumer products, organic solvent degreasing, and stage I vapor recovery.

AIM coatings are applied to a variety of surfaces and may be applied by brush, roller, or spray gun and by

consumers, painting contractors, or maintenance personnel. VOC emissions result from the evaporation of

solvents in the coatings during application and drying. The U.S. EPA published the federal AIM coatings rule on

September 11, 1998 (63 FR 48848) (40 CFR Part 59 Subpart D) under the authority of Section 183(e) of the

Clean Air Act. This rule limits the amount of VOC that manufacturers and importers of AIM coatings can put into

their products. The rule also has container labeling requirements for AIM coatings. There are different options for

complying with the VOC limits, including exemptions for products that may be difficult to reformulate. VOC content

limits in the national rule took effect on September 11, 1999. The federal AIM rule is estimated to yield VOC

reductions of 20 percent from uncontrolled levels.

The U.S. EPA defines an architectural coating as "a coating recommended for field application to stationary

structures and their appurtenances, to portable buildings, to pavements, or to curbs. This definition excludes

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 1
adhesives and coatings recommended by the manufacturer or importer solely for shop applications or solely for

application to non-stationary structures, such as airplanes, ships, boats, and railcars.".

The U.S. EPA defines an industrial maintenance coating as "a high performance architectural coating,

including primers, sealers, undercoaters, intermediate coats, and topcoats formulated and recommended for

application to substrates exposed to one or more of the following extreme environmental conditions in an

industrial, commercial, or institutional setting:

(1) immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or chronic

exposure of interior surfaces to moisture condensation;

(2) acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or

chemical mixtures or solutions;

(3) repeated exposure to temperatures above 120oC (250oF);

(4) repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with

industrial solvents, cleansers, or scouring agents; or

(5) exterior exposure of metal structures and structural components.".

On August 31, 2005, the U.S. EPA published an Advance Notice of Proposed Rulemaking on AIM Coatings

for determining how to calculate VOC reductions from AIM coatings in nonattainment and maintenance areas.

The comment period was extended on October 13, 2005, and December 20, 2005, to request comments, data,

and information. At this time, the U.S. EPA has not published an updated AIM rule.

In an effort to assist northeastern states to meet and maintain the ozone National Ambient Air Quality

Standards (NAAQS), the Ozone Transport Commission (OTC) formed a workgroup to consider a model rule to

reduce VOC emissions in AIM coatings. The workgroup formed for this purpose conducted meetings and received

comments from interested parties that resulted in a recommendation that the OTC AIM Coatings model rule be

the same as the National Association of Clean Air Agencies, formerly known ast the State and Territorial Air

Pollution Program Administrators and Association of Local Air Pollution Control Officials model rule. The OTC

identified several implementation options applicable to states in the northeast. The model rule emission limits

were established at a level at which a substantial number of coatings already exist that comply with the VOC

content limits for each product category. In conjunction with the OTC model rule, LADCO considered

implementation of a Wisconsin rule limiting the VOC content of traffic markings in the MRPO states. For certain

categories of coatings, LADCO estimates that implementation of the OTC model rule and the Wisconsin traffic

marking rule will reduce VOC emissions by about 20% beyond the current federal AIM rule, or 2,986 tons VOC

per year in Indiana.

In this rulemaking, Indiana is proposing to add an AIM coatings rule to the Article 8 VOC rules. The proposed

rule is primarily based on the OTC model rule and contains additional VOC content requirements and application

standards for traffic marking coatings that will be applicable during the ozone season (April 1 through October 31).

This rulemaking will contribute to the MRPO states' regional control efforts for VOC and will assist counties in

reaching attainment or maintaining compliance for the newly revised 8-hour ozone standard. Upon completion,

this rule will be submitted to the U.S. EPA for approval into the SIP and, along with other regional and state

measures, will guide air pollution control efforts in Indiana.

IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law

The following elements of the draft rule imposes either a restriction or a requirement on persons to whom the

draft rule applies that is "not imposed under federal law" (NIFL element or elements).

The following information is provided with each NIFL element:

(1) The environmental circumstance or hazard dictating the imposition of the NIFL element in order to protect

human health and the environment in Indiana and examples in which federal law is inadequate to provide this

protection for Indiana.

(2) The estimated fiscal impact and expected benefits of the NIFL element, based on the extent to which the

NIFL element exceeds the requirements of federal law.

(3) The availability for public inspection of all materials relied on by IDEM in the development of the NIFL

element including, if applicable: health criteria, analytical methods, treatment technology, economic impact

data, environmental assessment data, analyses of methods to effectively implement the proposed rule, and

other background data.

NIFL Element A: Adopting the OTC model rule for AIM coatings that requires manufacturers of coatings to

comply with VOC content limits that are more stringent than the federal AIM rule (40 CFR 59, Subpart D).

(1) The application of VOC control measures to AIM coatings in Indiana will provide a general benefit to

nonattainment areas. This rule is part of a larger group of VOC control rules that have been agreed to by the

LADCO states to address regional ozone nonattainment.

(2) The analyses for the OTC model rule estimates a cost of $6,400 per ton of VOC reduced. The model rule

estimates a reduction of 2,986 tons of VOC emissions per year beyond the current federal rule for a total

estimated cost of approximately $19 million per year. However, since many of the large AIM coatings

manufacturers already have experience reformulating to the OTC VOC limits, the cost of compliance in

Indiana will likely be less than originally estimated.

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(3) LADCO evaluated potential reductions from various regulatory options that could be adopted on a

multistate basis in the region. The information used for the evaluation is presented in a white paper on

Architectural and Industrial Maintenance Coatings at:

http://www.ladco.org/Regional_Air_Quality.html

NIFL Element B: Adopting standards for traffic markings coatings that are applied during the ozone season

that are more stringent than the federal rule (40 CFR 59, Subpart D).

(1) The use of more stringent VOC content limits and application standards for traffic markings in Indiana will

provide a general benefit to nonattainment areas. The VOC content limit for traffic markings is about 39

percent lower than the limit imposed by the federal rule. This rulemaking is part of a larger group of VOC

control rules that address regional ozone nonattainment.

(2) The Indiana Department of Transportation (INDOT) estimates that approximately 280,000 gallons of white

paint and 200,000 gallons of yellow paint are used annually. The white paint currently meets the proposed

VOC content limit. However, the yellow paint would need to be reformulated to meet the standard at an

approximate additional cost of 10 cents per gallon. Approximately 80% of the total volume of paint is used

during the months of May, June, July, and August. IDEM estimates a cost of $408 per ton of VOC reduced.

(3) LADCO evaluated potential reductions from various regulatory options that could be adopted on a

multistate basis in the region. The information used for the evaluation is presented in a white paper on

Architectural and Industrial Maintenance Coatings at:

http://www.ladco.org/Regional_Air_Quality.html

Potential Fiscal Impact

The OTC model rule estimates a 31% reduction in VOC emissions beyond the federal AIM rule. The

analyses for the OTC model rule estimated a cost of $6,400 per ton of VOC reduced. This estimate included costs

for more stringent VOC content limits on traffic marking coatings that will be used during the ozone season.

However, costs are not expected to be this high since many of the large AIM coatings producers already have

experience with reformulating to the OTC limits and compliant formulations are currently available for all coating

categories. Additionally, multiple states have now adopted the OTC model rule and therefore compliance costs

are spread over a larger portion of sales.

Small Business Assistance Information

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

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

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

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

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

www.in.gov/idem/compliance/ctap/index.html

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

Alison Surface

IDEM Compliance and Technical Assistance Program

OPPTA - MC60-04

100 North Senate Avenue

W041

Indianapolis, IN 46204-2251

(317) 232-8172

ctap@idem.in.gov

The Small Business Assistance Program Ombudsman is:

Megan Tretter

IDEM Small Business Assistance Program Ombudsman

MC 50-01 - IGCN 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386

mtretter@idem.in.gov

Public Participation and Workgroup Information

No workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the

rule is appropriate, please contact Amy Smith, Rules Development Section, Office of Air Quality at (317)

233-8628 or (800) 451-6021 (in Indiana).

SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD

IDEM requested public comment from January 10, 2007, through February 9, 2007, on alternative ways to

achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received

comments from the following parties by the comment period deadline:

Improving Kids' Environment (IKE)

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National Paint & Coatings Association (NPCA)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: IKE supports the agency moving forward with this rulemaking. Although ozone levels have been

improving in Indiana, high ozone levels still present a public health threat to our citizens throughout the state.

Ozone pollution is regional in nature and concentrating control programs in the urban areas is no longer sufficient

to address unhealthy ozone levels. Implementing cleaner AIM coatings across a broad geographic region will be

most effective in improving air quality. The market for AIM coatings is regional and national. Having different

requirements in different states or different regions within states is disruptive, confusing and does not lead to the

most economically efficient result. (IKE)

Response: This rulemaking, in conjunction with the rulemakings conducted by other LADCO states, will

assist in controlling VOCs in order to ensure compliance with U.S. EPA's newly issued 8-hour ozone standard.

IDEM is cognizant of the importance in addressing this issue from a regional perspective. IDEM's proposed draft

rule language is consistent with other LADCO states' requirements and will ease the compliance burden for AIM

coatings manufacturers by ensuring consistency with other states in the region.

Comment: NPCA strongly suggests that Indiana wait for EPA to revise the National AIM Rule later this year.

The greatest problem with Indiana independently revising its AIM rule is that it may be different than other state

AIM rules. Even when the OTC states revised their AIM rules via the OTC "Model Rule" different rules resulted.

These differences–some major and some seemingly minor–can make compliance very difficult for the paint and

coatings industry. The greatest benefit of Indiana waiting for the EPA is that hopefully the state AIM rules will be

as consistent as possible. (NPCA)

Response: IDEM understands the importance of consistency for a rulemaking which affects AIM coatings

producers nation-wide. However, the U.S. EPA has not yet published the proposed amendments to the national

AIM coatings rule. The May 30, 2007 memorandum issued by Mr. Stephen Page, director of the U.S. EPA's Office

of Air Quality Planning and Standards, to U.S. EPA Regional Offices and all states preparing ozone State

Implementation Plans stated that the U.S. EPA was planning to propose the revised AIM coatings regulations in

either August or September of 2007 followed by promulgation as a final rule in December 2007, with new limits to

take effect on January 1, 2009. However, to date, the U.S. EPA has not published their proposed revisions.

Therefore, IDEM is moving forward with this rulemaking. When the U.S. EPA amends the federal rule then IDEM

will update its state rule.

Comment: If IDEM does not wait for EPA to revise the National AIM Rule, NPCA suggests that Indiana

propose an AIM rulemaking similar to the recent proposed Ohio AIM rulemaking. For consistency purposes NPCA

does not support Indiana's adoption of the Wisconsin traffic marking rule.

NPCA makes the following recommendations:

1. Definition of VOC–NPCA supports the current Indiana definition of VOC, but suggests that Indiana drop

any references to amendment dates in the language.

2. Applicability Date-Coatings manufacturers need at least 9-12 months advance notice before the effective

of the rule limits and other requirements. The industry is based on mass production and distribution of

thousands of products, each which requires separate labeling instructions. Additionally, production operations

must be altered and coordinated in light of the new requirements. All of this assumes that reformulation and

testing of the new products mandated by the OTC Model rule will already have been accomplished. This may

not be the case for regional or local companies that do not sell into OTC states. NPCA request that Indiana

extend the implementation date out at least 9-12 months past any rule adoption/finalization date.

3. Implementation Date–NPCA strongly suggests an implementation date of January 1, 2009.

4. Sell Through Provision-NPCA supports the Ohio proposal to allow a three-year sell through date.

5. Reporting–It appears that Ohio has included an overly burdensome and unnecessary reporting

requirements. The proposed regulation should be revised to make the reporting requirements consistent with

six of the existing ten OTC state AIM rules by amending the reporting requirements section to eliminate the

annual reports mandated for certain coatings. If Indiana still wishes to have this information available, we

recommend that it replace this requirement with one that only requires the manufacturers to maintain records

of the sales of these AIM products and report these sales only when requested by Indiana.

6. Conversion Varnish–For consistency with both the National AIM Rule and the OTC rules, NPCA suggests

that Indiana include a definition and VOC limit (725g/l) for Conversion Varnishes.

7. Varnish Definition–NPCA suggests that the definition of varnish should be amended to delete the phrase

"on exposure to air" and to change the typo "fetal" to "final".

8. Specialty Primer–For consistency with other rules, NPCA suggests that the definition of Specialty Primer

be amended to include the phrase "to seal in efflorescence". Additionally, the NPCA suggests that Indiana

add the language "to seal in efflorescence" to the container labeling requirements for Specialty primer, sealer,

and undercoater.

9. Definitions Comments–NPCA suggests inserting the following definitions that correspond to categories that

are identified in the VOC limit table but do not currently have definitions. Please note that the definitions

came directly from the New York and Pennsylvania OTC rules: a) Calcimine recoaters; b) Concrete surface

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retarder; c) Impacted immersion coating; d) Nuclear coating; e) Thermoplastic rubber coating and mastics.

10. ASTM Methods–Incorporation by Method–Please note that NPCA's suggested definition for Nuclear

coatings includes two ASTM methods (D4082-89 and D 912-80) that should be included for the proposed

rule. (NPCA)

Response: Indiana is moving forward with its AIM rulemaking. The addition of more stringent VOC content

limits for traffic markings coatings and application standards is not overly burdensome on the practices of the

Indiana Department of Transportation. Therefore, Indiana is seeking comment on a draft rule based on the OTC

model rule and VOC content limits on an ozone season basis for traffic marking coatings.

In the draft rule language IDEM has included NPCA's requested changes to the definitions of VOC,

conversion varnish, varnish, and specialty primer. IDEM has also added definitions for calcimine recoaters,

concrete surface retarder, impacted immersion coating, nuclear coating, and thermoplastic rubber coating and

mastics to provide definitions for categories that are identified in the VOC content limit table but that do not have

definitions in the OTC model rule. IDEM has included the two requested ASTM methods (D4082-89 and

D3912-80) as part of the definition for nuclear coatings.

NPCA suggested an implementation date of January 1, 2009. However, this rulemaking will not be completed

by this date. Therefore IDEM is proposing an implementation date of January 1, 2010. This implementation date

will provide adequate time for coatings manufacturers to meet rule requirements. Additionally, IDEM is including a

three-year sell through provision in the draft rule language for products that were in compliance with the standards

in effect at the time the coating was manufactured and that are properly labeled.

The reporting requirements in the draft rule language are consistent with the majority of the OTC states AIM

rules. IDEM is not requiring annual reports for certain categories of coatings. However, the draft rule language

does require that manufacturers of those coatings maintain records of sales and be able to report sales, when

requested, to the department.

REQUEST FOR PUBLIC COMMENTS

This notice requests the submission of comments on the draft rule language, including suggestions for

specific revisions to language to be contained in the draft rule. Mailed comments should be addressed to:

#06-604(APCB) Architectural and Industrial Maintenance Coatings

Amy Smith Mail Code 61-50

c/o Administrative Assistant

Rules Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204.

Hand delivered comments will be accepted by the receptionist on duty at the tenth floor reception desk, Office of

Air Quality, 100 North Senate Avenue, Indianapolis, Indiana.

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-2342, Monday through Friday,

between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules

Development Section at (317) 233-0426.

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or hand delivered by November 14, 2008.

Additional information regarding this action may be obtained from Amy Smith, Rules Development Section,

Office of Air Quality, (317) 233-8628 or (800) 451-6027 (in Indiana).

DRAFT RULE

SECTION 1. 326 IAC 8-14 IS ADDED TO READ AS FOLLOWS:

Rule 14. Architectural and Industrial Maintenance (AIM) Coatings

326 IAC 8-14-1 Applicability

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

Affected: IC 13-12

Sec. 1. This rule applies to any person who supplies, sells, offers for sale, or manufactures any AIM

coating for use within the state of Indiana, as well as any person who applies or solicits the application of

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any AIM coating within the state of Indiana, except for the following:

(1) Any AIM coating that is sold or manufactured for:

(A) use outside of the state of Indiana; or

(B) shipment to other manufacturers for reformulation or repackaging.

(2) Any aerosol coating product.

(3) Any AIM coating that is sold in a container with a volume of one (1) liter (one and fifty-seven

thousandths (1.057) quarts) or less.

(Air Pollution Control Board; 326 IAC 8-14-1)

326 IAC 8-14-2 Definitions

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

Affected: IC 13-12

Sec. 2. The following definitions apply throughout this rule:

(1) "Adhesive" means any chemical substance that is applied for the purpose of bonding two (2)

surfaces together other than by mechanical means.

(2) "Aerosol coating product" means a pressurized coating product containing pigments or resins

that:

(A) dispenses product ingredients by means of a propellant; and

(B) is packaged in a disposable can for hand-held application or for use in specialized equipment for

ground traffic or ground marking applications.

(3) "AIM coating" means architectural coatings and industrial maintenance coatings.

(4) "Antenna coating" means a coating labeled and formulated exclusively for application to

equipment and associated structural appurtenances that are used to receive or transmit

electromagnetic signals.

(5) "Antifouling coating" means a coating labeled and formulated for application to submerged

stationary structures and their appurtenances to prevent or reduce the attachment of marine or

freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered

with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section

136)*.

(6) "Appurtenance" means any accessory to a stationary structure coated at the site of installation,

whether installed or detached, including, but not limited to, any of the following:

(A) Bathroom and kitchen fixtures.

(B) Cabinets.

(C) Concrete forms.

(D) Doors.

(E) Elevators.

(F) Fences.

(G) Hand railings.

(H) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or

stationary tools.

(I) Lampposts.

(J) Partitions pipes and piping systems.

(K) Rain gutters and downspouts.

(L) Stairways.

(M) Fixed ladders.

(N) Catwalks and fire escapes.

(O) Window screens.

(7) "Architectural coating" means a coating to be applied to any of the following:

(A) Stationary structures or the appurtenances at the site of installation.

(B) Portable buildings at the site of installation.

(C) Pavements.

(D) Curbs.

The term does not include adhesives, coatings applied in shop applications, or coatings applied to

nonstationary structures, such as airplanes, ships, boats, railcars, and automobiles.

(8) "Bitumens" means black or brown materials, including, but not limited to, asphalt, tar, pitch, or

asphaltite, that:

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(A) are soluble in carbon disulfide;

(B) consist mainly of hydrocarbons; and

(C) are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

(9) "Bituminous roof coating" means a coating that incorporates bitumens that is labeled and

formulated exclusively for roofing.

(10) "Bituminous roof primer" means a primer that incorporates bitumens that is labeled and

formulated exclusively for roofing.

(11) "Bond breaker" means a coating labeled and formulated for application between layers of

concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is

poured.

(12) "Calcimine recoaters" means flat solvent borne coatings formulated and recommended

specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

(13) "Clear brushing lacquers" means clear wood finishes, excluding clear lacquer sanding sealers,

formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical

reaction and to provide a solid, protective film, that are:

(A) intended exclusively for application by brush; and

(B) labeled as specified in section 4(5) of this rule.

(14) "Clear wood coatings" means clear and semitransparent coatings, including lacquers and

varnishes, applied to wood substrates to provide a transparent or translucent solid film.

(15) "Coating" means a material applied onto or impregnated into a substrate for protective,

decorative, or functional purposes. Such materials include, but are not limited to, the following:

(A) Paints.

(B) Varnishes.

(C) Sealers.

(D) Stains.

(16) "Colorant" means a concentrated pigment dispersion of water, solvent, or binder that is added to

an architectural coating after packaging in sale units to produce the desired color.

(17) "Concrete curing compound" means a coating labeled and formulated for application to freshly

poured concrete to retard the evaporation of water.

(18) "Concrete surface retarder" means a mixture of retarding ingredients, such as:

(A) extender pigments;

(B) primary pigments;

(C) resin; and

(D) solvent;

that interact chemically with the cement to prevent hardening on the surface where the retarder is

applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an

exposed aggregate finish.

(19) "Conjugated oil varnish" means a clear or semitransparent wood coating, labeled as such,

excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (tung oil) and

modified with other natural or synthetic resins, a minimum of fifty percent (50%) of the resin solids

consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes

penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may

contain small amounts of pigment to control the final gloss or sheen.

(20) "Conversion varnish" means a clear acid-curing coating with an alkyd or other resin blended with

amino resins and supplied as a single component or two (2) component product. Conversion

varnishes produce a hard, durable, clear finish designed for professional application to wood flooring.

Film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification

at the reactive ethers of the amino resins.

(21) "Dry fog coating" means a coating labeled and formulated only for spray application such that

overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the

surface coating activity.

(22) "Exempt compound" means a compound identified as exempt under the definition of VOC. The

exempt compounds content of a coating shall be determined in accordance with Method 24 of 40 CFR

Part 60, Appendix A* or SCAQMD Method 303-91* "Determination of Exempt Compounds", approved

June 1, 1991, and revised February 1993.

(23) "Faux finishing coating" means a coating labeled and formulated as a stain or a glaze to create

artistic effects including, but not limited to, the following:

(A) Dirt.

(B) Old age.

(C) Smoke damage.

(D) Simulated marble.

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(E) Simulated wood grain.

(24) "Fire-resistive coating" means an opaque coating labeled and formulated to protect structural

integrity by increasing the fire endurance of interior or exterior steel and other structural materials,

that has been:

(A) fire tested and rated by a nationally recognized testing organization; and

(B) approved for use in bringing assemblies of structural materials into compliance with federal,

state, and local building code requirements.

The fire-resistive coating shall be tested in accordance with ASTM E119-05a* "Standard Test Methods

for Fire Tests of Building Construction and Materials", November 2005.

(25) "Fire-retardant coating" means a coating labeled and formulated to retard ignition and flame

spread, that has been:

(A) fire tested and rated by a nationally recognized testing organization; and

(B) approved for use in bringing building and construction materials into compliance with federal,

state, and local building code requirements.

The fire-retardant coating shall be tested in accordance with ASTM E84-05e1* "Standard Test Method

for Surface Burning Characteristics of Building Materials", February 2005.

(26) "Flat coating" means a coating that:

(A) is not defined under any other definition in this rule; and

(B) registers gloss less than fifteen (15) on an eighty-five (85) degree meter or less than five (5) on a

sixty (60) degree meter according to ASTM D523-89* "Standard Test Method for Specular Gloss",

May 1999.

(27) "Floor coating" means an opaque coating that is labeled and formulated for application to

flooring, including, but not limited to, the following:

(A) Decks.

(B) Porches.

(C) Steps.

(D) Other horizontal surfaces that may be subjected to foot traffic.

(28) "Flow coating" means a coating labeled and formulated exclusively for use by electric power

companies or their subcontractors to maintain the protective coating systems present on utility

transformer units.

(29) "Form-release compound" means a coating labeled and formulated for application to a concrete

form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood,

metal, or some material other than concrete.

(30) "Graphic arts coating or sign paint" means a coating labeled and formulated for hand application

by artists using brush or roller techniques to indoor and outdoor signs (excluding structural

components) and murals including the following:

(A) Letter enamels.

(B) Poster colors.

(C) Copy blockers.

(D) Bulletin enamels.

(31) "High-temperature coating" means a high performance coating labeled and formulated for

application to substrates exposed continuously or intermittently to temperatures above two hundred

four (204) degrees Celsius (four hundred (400) degrees Fahrenheit).

(32) "Impacted immersion coating" means a high performance maintenance coating formulated and

recommended for application to steel structures subject to immersion in turbulent, debris-laden water.

These coatings are specifically resistant to high energy impact damage by floating ice or debris.

(33) "Industrial maintenance coating" means a high performance architectural coating, including

primers, sealers, undercoaters, intermediate coats, or topcoats, formulated for application to

substrates exposed to one (1) or more of the following extreme environmental conditions and labeled

as specified in section 4(4) of this rule:

(A) Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or

chronic exposures of interior surfaces to moisture condensation.

(B) Acute or chronic exposure to:

(i) corrosive, caustic, or acidic agents;

(ii) chemicals;

(iii) chemical fumes; or

(iv) chemical mixtures or solutions.

(C) Repeated exposure to temperatures above one hundred twenty-one (121) degrees Celsius (two

hundred fifty (250) degrees Fahrenheit).

(D) Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent)

scrubbing with industrial solvents, cleansers, or scouring agents.

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(E) Exterior exposure of metal structures and structural components.

(34) "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers,

formulated with cellulosic or synthetic resins to:

(A) dry by evaporation without chemical reaction; and

(B) provide a solid, protective film.

(35) "Low-solids coating" means a coating containing twelve-hundredths (0.12) kilogram or less of

solids per liter (one (1) pound or less of solids per gallon) of coating material.

(36) "Magnesite cement coating" means a coating labeled and formulated for application to magnesite

cement decking to protect the magnesite cement substrate from erosion by water.

(37) "Manufacturer's maximum recommendation" means the maximum recommendation for thinning

that is indicated on the label or lid of the coating container.

(38) "Mastic texture coating" means a coating labeled and formulated to:

(A) cover holes and minor cracks; and

(B) conceal surface irregularities;

that is applied in a single coat of at least ten mils (0.010 inch) dry film thickness.

(39) "Metallic pigmented coating" means a coating containing at least forty-eight (48) grams of

elemental metallic pigment per liter of coating as applied (four-tenths (0.4) pounds per gallon) when

tested in accordance with SCAQMD Method 318-95* "Determination of Weight Percent Elemental Metal

in Coatings by X-Ray Diffraction", July 1996.

(40) "Multicolor coating" means a coating that:

(A) is packaged in a single container; and

(B) exhibits more than one (1) color when applied in a single coat.

(41) "Nonflat coating" means a coating that:

(A) is not defined under any other definition in this rule; and

(B) registers a gloss of fifteen (15) or greater on an eighty-five (85) degree meter and five (5) or

greater on a sixty (60) degree meter according to ASTM D523-89* "Standard Test Method for

Specular Gloss", May 1999.

(42) "Nonflat-high-gloss coating" means a nonflat coating that registers a gloss of seventy (70) or

above on a sixty (60) degree meter according to ASTM D523-89* "Standard Test Method for Specular

Gloss", May 1999.

(43) "Nonindustrial" use means any use of architectural coatings except in the construction or

maintenance of any of the following:

(A) Facilities used in the manufacturing of goods and commodities.

(B) Transportation infrastructures, including the following:

(i) Highways.

(ii) Bridges.

(iii) Airports.

(iv) Railroads.

(C) Facilities used in mining activities, including petroleum extraction.

(D) Utilities infrastructures, including power generation and distribution and water treatment and

distribution systems.

(44) "Nuclear coating" means a protective coating formulated and recommended to seal porous

surfaces, such as steel (or concrete), that otherwise would be subject to intrusions by radioactive

materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure

and be tested in accordance with ASTM Method D4082-89* "Standard Test Method for Effects of

Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants", January 2002 readily

easy to decontaminate, and resistant to various chemicals to which coatings are likely to be exposed

and be tested in accordance with ASTM Method D3912-80 "Standard Test Method for Chemical

Resistance of Coatings Used in Light-Water Nuclear Power Plants", approved January 2001.

(45) "Person" has the meaning set forth in IC 13-11-2-158(a).

(46) "Postconsumer coating" means a finished coating that would have been disposed of in a landfill,

having completed its usefulness to a consumer. The term does not include manufacturing wastes.

(47) "Pretreatment wash primer" means a primer that:

(A) contains a minimum of five-tenths percent (0.5%) acid, by weight, when tested in accordance

with ASTM D1613-03* "Standard Test Method for Acidity in Volatile Solvents and Chemical

Intermediates Used in Paint, Varnish, Lacquer, and Related Products", October 2003; and

(B) is labeled and formulated for application directly to bare metal surfaces to:

(i) provide corrosion resistance; and

(ii) promote adhesion of subsequent topcoats.

(48) "Primer" means a coating labeled and formulated for application to a substrate to provide a firm

bind between the substrate and subsequent coats.

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(49) "Quick-dry enamel" means a nonflat coating that is labeled as specified in section 4(8) of this rule

and that is formulated to have the following characteristics:

(A) Is capable of being applied directly from the container under normal conditions with ambient

temperatures between sixteen (16) and twenty-seven (27) degrees Celsius (sixty (60) and eighty (80)

degrees Fahrenheit).

(B) When tested in accordance with ASTM D1640-03* "Standard Test Methods for Drying, Curing, or

Film Formation of Organic Coatings at Room Temperature", December 2003:

(i) sets to touch in two (2) hours or less;

(ii) is tack free in four (4) hours or less;

(iii) dries hard in eight (8) hours or less by the mechanical test method; and

(iv) has a dried film gloss of seventy (70) or above on a sixty (60) degree meter.

(50) "Quick-dry primer, sealer, and undercoater" means a primer, sealer, or undercoater that:

(A) is dry to the touch in thirty (30) minutes; and

(B) can be recoated in two (2) hours when tested in accordance with ASTM D1640-03* "Standard

Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature",

December 2003.

(51) "Recycled coating" means an architectural coating formulated such that not less than fifty percent

(50%) of the total weight consists of secondary and postconsumer coating, with not less than ten

percent (10%) of the total weight consisting of postconsumer coating.

(52) "Residence" means areas where people reside or lodge, including, but not limited to, the

following:

(A) Single and multiple family dwellings.

(B) Condominiums.

(C) Mobile homes.

(D) Apartment complexes.

(E) Motels.

(F) Hotels.

(53) "Roof coating" means a nonbituminous coating labeled and formulated exclusively for application

to roofs for the primary purpose of preventing penetration of the substrate by water or reflecting heat

and ultraviolet radiation. The term does not include metallic pigmented roof coatings that qualify as

metallic pigmented coatings. These roof coatings shall be considered to be in the metallic pigmented

coatings category.

(54) "Rust preventive coating" means a coating:

(A) formulated:

(i) exclusively for nonindustrial use; and

(ii) to prevent the corrosion of metal surfaces; and

(B) labeled as specified in section 4(6) of this rule.

(55) "Sanding sealer" means a clear or semitransparent wood coating labeled and formulated for

application to bare wood to:

(A) seal the wood; and

(B) provide a coat that can be abraded to create a smooth surface for subsequent applications of

coatings.

The term does not include a sanding sealer that also meets the definition of a lacquer, but it is

included in the lacquer category.

(56) "SCAQMD" means the South Coast Air Quality Management District in California.

(57) "Sealer" means a coating labeled and formulated for application to a substrate to prevent:

(A) subsequent coatings from being absorbed by the substrate; or

(B) harm to subsequent coatings by materials in the substrate.

(58) "Secondary coating (rework)" means a fragment of a finished coating or a finished coating from a

manufacturing process that has converted resources into a commodity of real economic value. The

term does not include excess virgin resources of the manufacturing process.

(59) "Shellac" means a clear or opaque coating:

(A) formulated solely with the resinous secretions of the lac beetle (Laciffer lacca);

(B) thinned with alcohol; and

(C) formulated to dry by evaporation without a chemical reaction.

(60) "Shop application" means an application of a coating to a product or a component of a product in

or on the premises of a factory or a shop as part of a:

(A) manufacturing;

(B) production; or

(C) repairing;

process.

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 10
(61) "Solicit" means to require for use or to specify, by written or oral contract.

(62) "Specialty primer, sealer, and undercoater" means a coating:

(A) labeled as required in section 4(7) of this rule; and

(B) formulated for application to:

(i) a substrate to seal fire, smoke, or water damage;

(ii) condition excessively chalky surfaces;

(iii) seal in efflorescence; or

(iv) block stains.

An excessively chalky surface is one that is defined as having a chalk rating of four (4) or less as

determined by ASTM D4214-98* "Standard Test Methods for Evaluating the Degree of Chalking of

Exterior Paint Films", August 1998.

(63) "Stain" means a clear, semitransparent, or opaque coating labeled and formulated to change the

color of a surface but not conceal the grain pattern or texture.

(64) "Stone consolidant" means a coating that is labeled and formulated for application to stone

substrates to repair historical structures that have been damaged by weathering or other decay

mechanisms. Stone consolidants must:

(A) penetrate into stone substrates to create bonds between particles and consolidate deteriorated

material; and

(B) be specified and used in accordance with ASTM E2167-01* "Standard Guide for Selection and

Use of Stone Consolidants".

(65) "Swimming pool coating" means a coating labeled and formulated to:

(A) coat the interior of swimming pools; and

(B) resist swimming pool chemicals.

(66) "Swimming pool repair and maintenance coating" means a rubber-based coating labeled and

formulated to be used over existing rubber-based coatings for the repair and maintenance of

swimming pools.

(67) "Temperature-indicator safety coating" means a coating labeled and formulated as a

color-changing indicator coating for:

(A) the purpose of monitoring the temperature and safety of the substrate, underlying piping, or

underlying equipment; and

(B) application to substrates exposed continuously or intermittently to temperatures above two

hundred four (204) degrees Celsius (four hundred (400) degrees Fahrenheit).

(68) "Thermoplastic rubber coating and mastics" means a coating or mastic:

(A) formulated and recommended for application to roofing or other structural surfaces; and

(B) that incorporates not less than forty percent (40%) by weight of thermoplastic rubbers in the total

resin solids and may also contain other ingredients including, but not limited to:

(i) fillers;

(ii) pigments; and

(iii) modifying resins.

(69) "Tint base" means an architectural coating to which colorant is added after packaging in sale

units to produce a desired color.

(70) "Traffic marking coating" means a coating labeled and formulated for marking and striping

streets, highways, or other traffic surfaces, including, but not limited to, the following:

(A) Curbs.

(B) Berms.

(C) Driveways.

(D) Parking lots.

(E) Sidewalks.

(F) Airport runways.

(71) "Undercoater" means a coating labeled and formulated to provide a smooth surface for

subsequent coatings.

(72) "U.S. EPA" means United States Environmental Protection Agency.

(73) "Varnish" means a clear or semitransparent wood coating, excluding lacquers and shellacs,

formulated to dry by chemical reaction. Varnishes may contain small amounts of pigment to:

(A) color a surface; or

(B) control the final sheen or gloss of the finish.

(74) "Volatile organic compound" or "VOC" means a compound as defined in 326 IAC 1-2-90.

(75) "Waterproofing concrete or masonry sealer" means a clear or pigmented film forming coating that

is labeled and formulated for sealing concrete and masonry to provide resistance against the

following:

(A) Water.

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 11
(B) Alkalis.

(C) Acids.

(D) Ultraviolet light.

(E) Staining.

(76) "Waterproofing sealer" means a coating labeled and formulated for application to a porous

substrate for the primary purpose of preventing the penetration of water.

(77) "Wood preservative" means a coating:

(A) labeled and formulated to protect exposed wood from decay or insect attack; and

(B) that is registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. Section 136)*.

* These documents are incorporated by reference. Copies are available for review and copying at the

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

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

(Air Pollution Control Board; 326 IAC 8-14-2)

326 IAC 8-14-3 Standards for AIM coatings

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

Affected: IC 13-12

Sec. 3. (a) Except as provided in subsections (c) and (d), on or after January 1, 2010, no person shall:

(1) manufacture, blend, or repackage for sale within the state of Indiana;

(2) supply, sell, or offer for sale within the state of Indiana; or

(3) solicit for application or apply within the state of Indiana;

any AIM coating with a VOC content in excess of the corresponding limit specified in subsection (b).

(b) Compliance with the VOC content limits shall not exceed the following limits:

Coating Category

VOC Limit

(grams/liter)

VOC Limit

(pounds/gallon)

Flat coatings 100 0.83

Nonflat coatings 150 1.25

Nonflat-high-gloss coatings 250 2.08

Specialty coatings:

Antenna coatings 530 4.42

Antifouling coatings 400 3.33

Bituminous roof coatings 300 2.50

Bituminous roof primers 350 2.92

Bond breakers 350 2.92

Calcimine recoaters 475 3.96

Clear wood coatings:

Clear brushing lacquers 680 5.67

Lacquers, including clear lacquer sanding sealers 550 4.59

Sanding sealers, excluding clear lacquers 350 2.92

Varnishes other than conversion varnishes 350 2.92

Conjugated oil varnish 450 3.75

Conversion varnish 725 6.04

Concrete curing compounds 350 2.92

Concrete surface retarders 780 6.50

Dry fog coatings 400 3.33

Faux finishing coatings 350 2.92

Fire-resistive coatings 350 2.92

Fire-retardant coatings (clear) 650 5.42

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 12
Fire-retardant coatings (opaque) 350 2.92

Floor coatings 250 2.08

Flow coatings 420 3.50

Form-release compounds 250 2.08

Graphic arts coatings (sign paints) 500 4.17

High temperature coatings 420 3.50

Impacted immersion coatings 780 6.50

Industrial maintenance coatings 340 2.83

Low-solids coatings 120 1.00

Magnesite cement coatings 450 3.75

Mastic texture coatings 300 2.50

Metallic pigmented coatings 500 4.17

Multicolor coatings 250 2.08

Nuclear coatings 450 3.75

Pretreatment wash primers 420 3.50

Primers, sealers, and undercoaters 200 1.67

Quick-dry enamels 250 2.08

Quick-dry primers, sealers, and undercoaters 200 1.67

Recycled coatings 250 2.08

Roof coatings 250 2.08

Rust preventive coatings 400 3.33

Shellacs (clear) 730 6.09

Shellacs (opaque) 550 4.59

Specialty primers, sealers, and undercoaters 350 2.92

Stains 250 2.08

Stone consolidants 450

Swimming pool coatings 340 2.83

Swimming pool repair and maintenance coatings 340 2.83

Temperature-indicator safety coatings 550 4.59

Thermoplastic rubber coatings and mastics 550 4.59

Traffic marking coatings (ozone season-April 1 to October 31) 91 0.76

Traffic marking coatings (nonozone season- November 1 to

March 31)

150 1.25

Waterproofing sealers 250 2.08

Waterproofing concrete or masonry sealers 400 3.33

Wood preservatives 350 2.92

Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams per liter.

(c) If anywhere on the container of an AIM coating, or any label or sticker affixed to the container, or in

any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf,

any representation is made that indicates that the coating meets the definition or is recommended for use

for more than one (1) of the categories listed in subsection (b), then the category with the most restrictive

VOC content limit shall apply. This provision does not apply to the coating categories specified as

follows:

(1) Lacquer coatings (including lacquer sending sealers).

(2) Metallic pigmented coatings.

(3) Shellacs.

(4) Fire-retardant coatings.

(5) Pretreatment wash primers.

(6) Industrial maintenance coatings.

(7) Low-solids coatings.

(8) Wood preservatives.

(9) High temperature coatings.

(10) Temperature-indicator safety coatings.

(11) Antenna coatings.

(12) Antifouling coatings.

(13) Flow coatings.

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 13
(14) Bituminous roof primers.

(15) Specialty primers, sealers, and undercoaters.

(16) Thermoplastic rubber coatings and mastics.

(17) Calcamine recoaters.

(18) Impacted immersion coatings.

(19) Nuclear coatings.

(d) The following sell through provisions apply to AIM coatings:

(1) A coating manufactured prior to January 1, 2010, may be sold, supplied, or offered for sale until

December 31, 2013.

(2) A coating manufactured before January 1, 2010, may be applied at any time both before and after

January 1, 2010, so long as the coating complied with the standards in effect at the time the coating

was manufactured.

(3) The provisions in subdivisions (1) and (2) do not apply to any coating that does not display the date

or date code required by section 4(1) of this rule.

(e) The following work practices are required:

(1) All AIM coatings containers used to apply the contents therein to a surface directly from the

container by:

(A) pouring;

(B) siphoning;

(C) brushing;

(D) rolling;

(E) padding;

(F) ragging; or

(G) other means;

shall be closed when not in use.

(2) Containers of any VOC-containing materials used for thinning and cleanup shall be closed when

not in use.

(f) No person who applies or solicits the application of any AIM coating shall apply a coating that is

thinned to exceed the applicable VOC limit specified in subsection (b).

(g) No person shall apply or solicit the application of any rust preventative coating for industrial use,

unless the rust preventative coating complies with the industrial maintenance coating VOC content limit

specified in subsection (b). No person shall sell or offer for sale any rust preventative coating for

application to any nonmetallic substrate, nor shall any person apply a rust preventative coating to any

nonmetallic substrate.

(h) If a coating does not meet any of the definitions for the specialty coatings categories listed in

subsection (b), the VOC content limit shall be determined by classifying the coating as a flat coating,

nonflat coating, or nonflat-high-gloss coating as defined in section 2 of this rule. The corresponding flat

or nonflat coating VOC content limit shall apply.

(Air Pollution Control Board; 326 IAC 8-14-3)

326 IAC 8-14-4 Container labeling

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

Affected: IC 13-12

Sec. 4. On and after January 1, 2010, each manufacturer of any AIM coating subject to this rule shall

prominently display the following information on the coating container (or label) in which the coating is

sold or distributed:

(1) A date code, as follows:

(A) The date the coating was manufactured, or a date code representing the date, shall be indicated

on the label, lid, or bottom of the container.

(B) If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 14
of each code with the department.

(2) Thinning recommendations, as follows:

(A) A statement of the manufacturer's recommendation regarding thinning of the coating shall be

indicated on the label or lid of the container.

(B) This requirement does not apply to the thinning of architectural coatings with water.

(C) If thinning of a coating prior to use is not necessary, the recommendation must specify that the

coating is to be applied without thinning.

(3) VOC content, as follows:

(A) Each container of any coating subject to this rule shall display either the maximum or the actual

VOC content of the coating, as supplied, including the maximum thinning recommended by the

manufacturer.

(B) VOC content shall be displayed in grams of VOC per liter of coating.

(C) VOC content displayed shall be:

(i) calculated using product formulation data; or

(ii) determined using the test methods in section 6(b) of this rule.

The equations in section 6(a) of this rule shall be used to calculate VOC content.

(4) The label or the lid of the container in which the coating is sold or distributed shall display one (1)

or more of the following industrial maintenance coatings descriptions:

(A) "For industrial use only".

(B) "For professional use only".

(C) "Not for residential use".

(D) "Not intended for residential use".

(5) The labels of all clear brushing lacquers shall prominently display the following statements:

(A) "For brush application only".

(B) "This product must not be thinned or sprayed".

(6) The labels of all rust preventive coatings shall prominently display the statement "For metal

substrates only".

(7) The labels of all specialty primers, sealers, and undercoaters shall prominently display one (1) or

more of the following descriptions:

(A) "For blocking stains".

(B) "For fire-damaged substrates".

(C) "For smoke-damaged substrates".

(D) "For water-damaged substrates".

(E) "For excessively chalky substrates".

(F) "To seal in efflorescence".

(8) The labels of all quick dry enamels shall prominently display the words "Quick Dry" and the dry

hard time.

(9) The labels of all nonflat-high-gloss coatings shall prominently display the words "High Gloss".

(10) The labels of all stone consolidants shall prominently display the statement "Stone

Consolidant–For Professional Use Only".

(Air Pollution Control Board; 326 IAC 8-14-4)

326 IAC 8-14-5 Recordkeeping and reporting requirements

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

Affected: IC 13-12

Sec. 5. (a) Each manufacturer of a product subject to a VOC content limit in section 3(b) of this rule

shall keep records demonstrating compliance with the VOC content limits. The records shall clearly list

each product by all of the following:

(1) Name.

(2) Identifying number (if applicable).

(3) VOC content as determined by section 6 of this rule.

(4) Name or names and chemical abstract service (CAS) number of the VOC constituents in the

product.

(5) Dates of the VOC content determinations.

(6) Coating category and applicable VOC content limit.

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 15
(b) The records required by subsection (a) shall be:

(1) kept for a period not less than five (5) years; and

(2) made available to the department for inspection within ninety (90) days of request.

(c) Each manufacturer shall, upon request of the department, provide data concerning the distribution

and sales of coatings subject to a VOC content limit in section 3(b) of this rule. The manufacturer shall

within ninety (90) days provide the following information:

(1) The name and mailing address of the manufacturer.

(2) The name, address, and telephone number of a contact person.

(3) The name of the product as it appears on the label and the coating category under which it is

regulated, as listed in section 3(b) of this rule.

(4) Whether the coating is marketed for interior use or exterior use, or both.

(5) The number of gallons sold in the state of Indiana in containers greater than one (1) liter.

(6) The actual VOC content and VOC content in grams per liter. If thinning is recommended, list the

actual VOC content and VOC content limit after recommended thinning.

(7) The names and CAS number of the VOC constituents in the product.

(d) For each AIM coating that contains perchloroethylene or methylene chloride, the manufacturer

shall, on or before May 1 of each calendar year beginning with the year 2011, report to the department the

following information for the product sold in the state during the preceding calendar year:

(1) The product's brand name and a copy of the product label with the legible usage instructions.

(2) The coating category, listed in section 3(b) of this rule, to which the coating belongs.

(3) The total sales during the calendar year to the nearest gallon.

(4) The volume percent, to the nearest one-tenth of one percent (0.10%), of perchloroethylene and

methylene chloride in the coating.

(e) Manufacturers of recycled coatings must submit a letter to the department certifying their status as

a recycled paint manufacturer. The manufacturer shall, on or before May 1 of each calendar year

beginning with the year 2011, submit an annual report for the previous calendar year to the department.

The report shall include for all recycled coatings the following information:

(1) The total number of gallons distributed in Indiana during the preceding year.

(2) A description of the method used by the manufacturer to calculate state distribution.

(f) Manufacturers of bituminous roof coatings or bituminous roof primers shall, on or before May 1 of

each calendar year beginning with the year 2011, submit an annual report for the previous calendar year

to the department. The report shall include the following information:

(1) The total number of gallons of bituminous roof coatings or bituminous roof primers sold in Indiana

during the preceding year.

(2) A description of the method used by the manufacturer to calculate state sate sales.

(Air Pollution Control Board; 326 IAC 8-14-5)

326 IAC 8-14-6 Compliance provisions and test methods

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

Affected: IC 13-12

Sec. 6. (a) For the purpose of determining compliance with the VOC content limits in section 3(b) of

this rule, the VOC content of a coating shall be determined using the procedures described in subdivision

(1) or (2), as appropriate. The VOC content of a tint base shall be determined without colorant that is

added after the tint base is manufactured. VOC content shall be determined as follows:

(1) With the exception of low-solids coatings, determine the VOC content in grams of VOC per liter of

coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water

and exempt compounds, using the following equation:

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 16
Where: VOC Content = grams of VOC per liter of coating

Ws= weight of volatiles, in grams

Ww= weight of water, in grams

Wec= weight of exempt compounds, in grams

Vm= volume of coating, in liters

Vw= volume of water, in liters

Vec= volume of exempt compounds, in liters

(2) For low solid coatings, determine the VOC content in units of grams of VOC per liter of coating

thinned to the manufacturer's maximum recommendation, including the volume of any water and

exempt compounds, using the following equation:

Where: VOC Contentls = the VOC content of a low-solids coating in grams per liter of

coating

Ws= weight of volatiles, in grams

Ww= weight of water, in grams

Wec= weight of exempt compounds, in grams

Vm= volume of coating, in liters

(b) To determine the physical properties of a coating in order to perform the calculations in subsection

(a), the reference method for VOC content is Method 24 of 40 CFR Part 60, Appendix A*, except as

provided in subsections (c) and (d). An alternative method to determine the VOC content of coatings is

SCAQMD Method 304-91* "Determination of Volatile Organic Compounds in Various Materials", February

1996. The exempt compounds content shall be determined by SCAQMD Method 303-91* "Determination of

Exempt Compounds", February 1993. To determine the VOC content of a coating, the manufacturer may

use Method 24 of 40 CFR Part 60, Appendix A*, or an alternative method, as provided in subsection (c),

formulation data, or any other reasonable means for predicting that the coating has been formulated as

intended, for example, quality assurance checks, recordkeeping. However, if there are any

inconsistencies between the results of a test conducted utilizing Method 24 of 40 CFR Part 60, Appendix

A* and any other means for determining VOC content, the results of the test utilizing Method 24 of 40 CFR

Part 60, Appendix A* will govern, except when an alternative method is approved as specified in

subsection (c). The department may require the manufacturer to conduct an analysis using Method 24 of

40 CFR Part 60, Appendix A*.

(c) The use of alternative test methods demonstrated to provide results that are acceptable for

purposes of determining compliance with subsection (b) after review and approval in writing by the

department and the U.S. EPA may be used.

(d) Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall be

conducted according to a modification of Method 24* of 40 CFR 59 Part 60, Appendix A*. This method has

not been approved for methacrylate multicomponent coatings used for purposes other than as traffic

marking coatings or for other classes of multicomponent coatings.

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 17
*These documents are incorporated by reference. Copies are available for review and copying at the

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

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

(Air Pollution Control Board; 326 IAC 8-14-6)

326 IAC 8-14-7 Application of traffic marking materials

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

Affected: IC 13-12

Sec. 7. (a) After January 1, 2011, during the ozone season (April 1 to October 31), no person may

cause, allow, or permit the application of traffic marking material that exceeds the following limits:

(1) For traffic marking material that is a liquid at the time of application, the VOC content limits listed in

section 3(b) of this rule.

(2) For field-reacted traffic marking material, or for traffic marking material that is not measurable as a

liquid at the time of application, a VOC emission rate of three and six-tenths (3.6) kilograms per

stripe–kilometer or twelve and two-tenths (12.2) pounds per stripe–mile.

(b) Any person subject to this section who applies traffic marking material shall maintain the following

records:

(1) Types and amounts of traffic marking materials purchased annually.

(2) The VOC content or emission rate of each type of traffic marking material applied in any of the

following:

(A) Grams per liter.

(B) Pounds per gallon.

(C) Kilograms per stripe–kilometer.

(D) Pounds per stripe–mile.

(3) Monthly quantities of each type of traffic marking material applied.

(c) The records required in subsection (b) shall be:

(1) kept for a period of three (3) years after the traffic marking material is applied; and

(2) made available to the department for inspection within ninety (90) days of the request.

(Air Pollution Control Board; 326 IAC 8-14-7)

Notice of Public Hearing

Posted: 10/15/2008 by Legislative Services Agency

An html version of this document.

Indiana Register

Date: Dec 09,2010 9:13:16AM EST DIN: 20081015-IR-326060604SNA Page 18
D
Prescribed by State Board of Accounts 80315-5641153 General Form No, 99P (Rev, 2009A)

IND DEPT ENVIRONMENTAL MGMT

MARION COUNTY, INDIANA

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145

PUBLISHER'S CLAIM

LINE COUNT

Display Matter - (Must uot exceed two actual lines, neither ofwhich shall

total more than four solid lines ofthe type in which the body ofthe

advertisement is set). - number of equivalent lines

Head - Number oflines

Body - Number oflines

Tail- Number oflines

Total number of lines in notice

Pursuant to the provisions and penalties oflC 5-11-10-1, I hereby certifY that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part ofthe same

has been paid.

COMPUTAnON OF CHARGES

167.0 lines 2.0 columns wide equals 334.0 equivalent lines at.446

cents per line

Additional charge for notices containing rule and fignre work (50 per cent

of above amount)

Charges for extra proofs of publication ($1.00 for each proof in excess oftwo)

TOTAL AMOUNT OF CLAIM

I.

..,(~L1:.'",

DATA FOR COMPUTING COST

Width ofsingle column 5.8 ems

Numberofinsertinns-LQ

Size oftype 1

$,__-,1""48",,.9'-".6

.00

$__-,1""48"".9,,,6

I also certifY that the printed matter attached hereto is a true copy, ofthe same column width and type size,

which was duly published in said paper 1 times. The dates of publication being between the dates of:

04/29/2010 and 04/2912010

Additionally, the statement checked below is true and correct:

Newspaper does not have a Web site.

r Newspaper has a Weh site and this public notice was posted on the same day as it was published in

the newspaper

_ Newspaper has a Web site, but due to a tecltnical problem or error, public notice was posted on _

_ Newspaper has a Web site but refuses to post the public notice.

DATE: 04/29/2010 Title: Clerk
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN

(

~ffi·stineJ]ea.ef:Sell, Chief' " and,""',Q;ItrI!:I~ntatkm Plan Development section Ice 0 If uality

!lldjvidllalsrelluirirg reasonable jCCOmmlld3lJons for partid- oallOI! In tillS even should con.tac ihe Inl!i~na Oell.3r1!f1ent of

Envlro,nm"enla.I Management., Amef.lcans with OiSilll:l!ltle:s Act coordlna rat: " '"

I~~:~ti{~j}1£ Envir~nmen~! M~ri~gc~c~t

OrCal!~3!fjlfl23H7S5. SPJlel:h and ~earing rffip.!'r,ed callers

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(5·4/29/10·5641153)

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Prescribed by State Board of Accounts

_~~_I.IldianaDept of Environmentalc:M:.:g"m=t _

(Governmental Unit)

To

s\\0

General Form No, 99P (Rev. 2009A)

EVANSVILLE COURIER & PRESS

VANDERBURGH County, Indiana PO Box 268, Evansville, IN 47702

PUBLISHER'S CLAIM

LINE COUNT . , ' ....'

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the type in which the body of the

advertisement is set) -- number of equivalent lines 486

Head -- number of lines 0

Body -- number of lines 486

Tail-- number of lines 0

Total number of lines in notice 486

_$"--__107.70

ATTACH

COPY OF

CLIPPING

HERE

COMPUTATION OF CHARGES

243 lines, 2 columns wide equals 486 equivalent lines at

cents per line

Additional charges for notices containing rule or tabular work (50 per cent

of above amount)

Charge for extra proofs of publication ($1.00 for each proof in excess

of two)

TOTAL AMOUNT OF CLAIM

0.2216

$ 107.70

DATA FOR COMPUTING COST

Width of single column in picas 5~~_

Number of insertions 1 --'--

Size of type_--,7,-_point

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same

has been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width and type size.

which was duly published in said paper 1 times. The dates of publication being as follows;

April 30, 2010

Additionally, the statement checked below is true and correct

. Newspaper does not have a Web site.

~_Newspaper has a Web site and this public notice was posted on the same day as it was published

in the newspaper.

______ Newspaper has a Web site, but due to technical problem or error, public notice was posted on ......

____Newspaper has a Web site but refuses to post the public notice.

Date Title Accounting Clerk

ATTACH COPY

OF AOVERTISEMENT _________IHEREE --j
EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN

lEGAL NOTIC

Under 40 CFR,51.102 notice is herebY~'iV!![1 that the lndi~na

Air Pollution Control Board (boa-Ird) w.i'ho.ld PGf.blic heafl.•.ngs at its regularly scheduled m~eting on e"!nestl'&y. June 2,

2010. The meeting will conven~ at 4:0,a p.:m., <lrColumbu~ E:~at

High School, Auditorium. 230 South M'arr Road, Columbus, Indiana. The purpose of the hear:ings is to, receive public com- ments prior to the r"ropcsed actions. All interested perSOns are invited and wi! be given reasonable opportunity to ex- press their views concerning th~ proppsed actions. The pUb- lic hearing for the Outdoor Hydrohic tfeater rule will not begin before 6:00 p.m.

Copies of the draft and proposed rules are available to any

person upon request and are..available for public inspectiolJ at

the following locations: , Indiana Department of Envire.lOmental Manag:emen~IO;1 of

AU' Qu'ality, Indlana Governm~nt:Center-N.orth,100 Nort .', 'enate Avenue, 10th floor-e8st.W'tn.9, In.dianapolis,.llidiana .,204".

Legisla.tive Services Agertc.Yi"On~·North·Capitol Avenue; S-U.it.

325, In4ianapolis, Indiana 4~~4.' . In.diana.Depanment 91.Eny!r9nr'f:lental :I'v1:an~gemel)t, Northwest OffIce, 8380 LotHSlana ·Str-Elet. Mem!lvllfa, Indiana' 46'410.

Indiana Department of Environmental Management, Northern

Office, Suite 450, 300 N. MichtganStreet South Bend, htdlana

,466>01. , Indiana Department of Envit90mEintai Management, SOlllthwest Office, 1120 North Vincerlnes Avenue, P.O. Box 12'8, 'Petersburg, !ndiana41567-0128. .. . rhdi'ana Department of EnvirOllmental Management, SouthE;lasf0ffice, 820 West Sweet Sf(.eet, Brownstown, Indiana.

47?2Q.9557. . tndianapolis Central Library, 40 East $1. Clair Street, Indianapolis, Indiana 46204.

Hammond Public Library, 564 Sta,te Str-e.et,Hammond, lnw

diana 46320.

Allen County Public Library".ao:O Library Plaz~ Fort Wayn.e, In-:

diana 46802. . Evansville Vande-rbufgh Pu.bticLibrary, 200 5E Martin Luther

King Jr. Blvd., Evansville, Indi~l7la47113.

Board documents may be v~~~ct"~n&downloaded!rom tpe Indiana Department of En\{lf9't)(ne:nta{:;~at:!ag~.ments WeQ

site as early as one week pnor to the maetlOg at

http;{!www.in.gov!idem/4710.htm.

The following rules are notlc'el:ffot hearlntand action:

2009, Update of "References to the Code 0 Federgl Regulations" (LSA #10~112). The purpose'of&t;lis· ef.it'in~g is to receive

public comment on amendments to Sl261AC H-3, 326 lAC 1-

2-48, 326 lAC 19-2-1 and 326 lAC 20-28 that are proposed for

<J:'ctop.tion by the b.oard. This.d:raftruteupdates the "Ref~t'­

ences to the Cod,1:l' of Federal ~agulatiq'Os" to mean the July 1,

200gedltion, and updates citations to the Federal Register that are incorporated by reference.

For additional information cQ:n:eerning,this rule contact Manda Cl'evenger at the lndiana;@.'·~u~~ctmetit.of environmental

Management, Offv::e of Air ,OU'~rlW-' Room 1(}03, Indiana

Government Cenfer North,·1:OthNol1h ,Senate Avenue, Indianapolis a't (317) 232-~22-9QE:{a€l9l'4Ji1-6027 (ext. 2-82Z9Hin

Indiana), or mcleveng@ldem.rn,gov.

lead National Ambient Air Quality Standard (LSA #10-127).

The purpose of this hearing is to receive public commaf'}t on amendments to 326 lAC 1-3·4, Ambient Air Quality Standards

that are, proposed for adoption by the board, This draft rule

incorporates the federal lead standard into state rules.

For additional inform'ation concerning this rule contact Manda Clevenger at the Indiana Department 0f EnvironJ!lental

Management, Office of Air Quality, Room 1003, Indiana

Go'Vernment Center North, 100 North Senate Avenue, Indiat}apolis at (317)232"8229 or (800) 451-6027 (ext. 2·8229Hin

Indiana), or mcreveng@ldem.in.gov.

Architectura! and Industrial Maintenance (AIM) Coatings (LSA#0,6-604). The purpos~ oftbh~ hearing is to receive public

comment on a n!?w rule, 326 lAC S~14 concerning emissions

of volatile organic compounds (VOCsl.from archItectural and

industrial maintenance (AIM) Q,oatin9$'tltat is proposed for

prel1ro1nary I:!doption b.y the board " " . The draft rule adds requirements for VOCs from AIM coatings as part of a regional effort to control ozone. The ~r<,!ft emission limits, based on the Ozone Transl,?0rtCommlSslon model

rule, are at a level at which ?substanMf number. o~ coatings

ah1eady exist that comply WIth the V.OG.COl1.tentlimlts for each

product categorY. The draf!: rul.eeontains additional yoe con- tent requirements and applicatIon standards .tor traffIC n'1ark:~

ing coatings that Will be applicable during the ozone seaSon

(April 1 through September 30). For.~.dditional information concerning this rule contact Amy Smith at the fndlan,a Department of Env:ironmental Manage~

ment OfHce of Air Quality, Room 1003, Indiana Government

Center North, 100 North Senate Avenue, Indianapolis at

(317) 233-8628 or (aOO) 451~6027 (ext. 3-S628Hin Indiana), or asmith@idem.in.gov.

Consumer and Commercial Pmducts (LSA#07-351), The pur~

pose of·this hearing is to receive--pt:tblic comment on a new rule, 326 lAC 8-15, concerning emissions of volatile organic

compounds from consumer and cOffit);)erc:ial pro~uctS'that is

p':roposed for preliminary adoption by~the board.

The draft rule adds requirements for volatile organic.compounds (VOCs) from consumer aOd commercial products as part of a region~l effort to control ozone. The draft rule, based on the O/wne Tr·ansport Commisliion mode:!. rule,establishes

,VOC content limits fgr sR~¢l(ic Q9nsumer and commercial :tito~uctsthat mamdacttii'e& 'are 'rsqtuted to meet either ~hrough reforoou.latin9 products or Sll~stitutionwith eompliant

products.

ritdditional inform9t1on concer rule contact Amy

he Indiana B'ep'artmen.~ rn,ent@1 Mana.g,e~ ice of Air Qualtt•.. ana Government

ter North, 100 NO-Itt . polis at

)2.33-8628 or (8,0.01- inli1diana)/ or ! *,smith.@idemJri-.go'if~, ...

b.'<ut~oor.t'Ydrd~i~HJ~r . 'The 'put' ,,,.': .W.~, ..heanng,IS to, re~1 '~neW:I:'~1 ~Ik 4.3, co:ncermn'g {;;, '1hat I~ ti !it

J?rellmi'oary aao'pt ,public h .]

OutP00r Hyd/Tonic Neater (t.lI~,wmnot begin before 0 P-fll"

The draft rule. adds f\~w:r~q,q.irce,m.ents for outdoor hllc;tt40ltr ''l~~ }

heaters· tQ address PMQ.5:ern,lsS:lot)S. It adds newlanswage to). " 'address emissio.n.' Ifmit.ss.fo.'r hE:lw ~oits, operatina, reCiulremems ' ;fdr existing, units, modifi'catiQ:ns fgT certain existing units and

nQtice requirements for selters afthe units. : .For additIonal information concerning this rule e0ntaC1 SLlsan

'I Bem at the Indiana Department df'Eo'itiron.mentaf Manag,e- . 'ment, Office of Air Quality, Room 1003, Indiana Government

Center North, 100 NorthSenate Avenue, Indianapolis at

I

{3171233.-5697 or (SOOl45h6027,(ext. 3-5697)(ln Indiana), or ,sbefY\@idem.ln.gov. '

For these hearings. dial'~tatetrli)h~will be heard, bot for tn:e-,

accuracy of th~, ~Eicord, pfease·submit statements in writing to

the attendant d'f£Signated'to recei.....e written comments at the

public hearing. .' . . . A transeript of the hearings and aU, written submISSions to the

board at the public hearfng,fl shalt be open. to public inspection :at the Indiana Oepart I5nV1roAmentai Management; W:fpies may be made· y pefson upon pay.ment of

'reoroduction cO'sts. A,ti;f·iilr-reoresented at the

; 'hearing, or requesflOg rioii, be gIven·written notice of

-the actIon of the boal\Q"

Christine Pede~sen,.ChiefHum and State Implementation:PlanOeveropment Se'Gfion

Office of Air Quality

Individuals requiring rea$ona\:lle a,ocommodations for gartici,-

patian in this event should cantact ~he lndl~ma qepa.r~tyient of

Environmental Management, Amencans WIth Dlsabllitles-Act

«oordinator at:

Attn: ADA Coordinator

Indiana Department of Environmental jylanagement

10aN. Senate Avenue .1.

IndianapoliS, IN 46204

o{ call (317} 233--1785. Speech and heaririQ impaired Qallets

rnay contact the. agency via t~e.In,diana Relay Servk:!% at t:800·

143-3333. Plea$.e provide.a mIn.,!mum of 72 hours notlficatlOo.

{-Courier & Press April 3Q, 20':fJ:n·

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Prescribed by State Board 'of Accounts General Form No. 99P

(Rev. 2009A)

The Journal Gazette

Account # 1060944 - 812926

lild Dept Of Environmental Mgmt

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Allen County, Indiana

PUBLISHER'S CLAIM

LINE COUNT

Display Master (Must hot exceed two actual lines, neither ofwhich shall

total more than four solid lines of the type in which the body of the

advertisemenUs set) -- number of equivalentlines

Head -- number of lines

Body -- number of lines

Tail -- number oflines

Total number of lines in notice 264

COMPUTATION OF CHARGE:S

132 lines, colurnn(s) wide equals

264 equivalent lines at $ 0.371 cents per line

Additional charges for nptices co~tainingruleor tabular work .

(50 per cent of above amount)

Charge for.extra proofs ofpublication

($1.00 for each proof in exces~ of two)

$ "97.94

48.97

TOTAL AMOUNT OFCLAIM $ "146.91

DATA FOR COMPUTING COST

Width of single column in picas .... 9.8 Si<:e of type .... 7point.

Number of Insertions .... 1

Pursuant to the provisions and penalties oflC 5-11-10-1, I hereby certify that the foregoing

account is just and correct, that the arnount claimed is legallydue, after allowing all just credits,

and that no part of the samehas been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width

and type size, which was duly published in said paper 1times; .

The dates of publication being as follows:

4/24/2010

Date: April 24, 2010 Legal Clerk

Additionally, Newspaper has a Web site and this public notice was posted on the same d<1yas it

was pUblished in The Journal Gazette.
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Claim No. Warranl No.

INFAVOR.OF

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ON ACCOU't.JT OF APPROPRIATldN FOR

Approprlalfon No. _'~~~__

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IN THE SUM 'OF$_

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I have ex'amlned Ihe wllhln claim and-hereby certify as

follows:

IhatH Is In proper form.

-Thai !lis" dul)' aulhetllicalE.ld a's required 'b}i iaw.

.Thai II Is 'based ~pon statulory a'ufhorily_

correel

Thai Ills apparently

Incorrect

I cerlify lh'al Ine within claim Is true and co;rect; Ihat lhe servIces Ihe're In lIemlzad and for whIch chargl~ Is made were ordered

by me and were necessary to Ihe public blJslri.ess
THE JOURNAL GAZETTE, FT. WAYNE, IN

legal Notice of Public Hearing

Under 40 CFR 51.102 notice is hereby given that the Indiana Air Pollution

Control Board (board) will hold public hearings at its regularly scheduled

meeting on Wednesday\ ,June 2, 2010. The meeting will convene at 4:00

p.m. at Columbus East nigh School. Auditorium. 230 South Marr Road, Columbus, Indiana. The purpose of the hearings is to receive public com- ments prior to the proposed actions. All interested persons are invited and

will be given reasonable opportunity to express their views concerning the

prqposed actions. Thepubllc hearing for the Outdoor Hydronic Heater rule

wi!! not begin before 6:00 p.m.

Copies of the draft and proposed rules are available to any person upon re· Quest and are available for publlc inspection at the following locations:

Indiana Department of En\(lronmental Management, Office of Air QualitY,...ln- diana Government center¥North

b

100 North Senate Avenue. 10th flooH:.ast

wing. Indianapolis, Indiana 462 4.

Legislative Services Agency. One North Capitol Avenue, Suite 325, Indianap· olis Indiana 46204.

lndfana Department of Environmental Management, Northwest Office, 8380

Louisiana Street. MerrillviH~, Indiana 46410. . Indiana D~partment of EnVIronmental Management~ Northern Office. Suite

459,300 N. Michigan Street, South Bend. Indiana 4660l.

Indiana Department of Environmental Management. Southwest Offic~ 1120

North Vincennes Avenue P.O. Box 128 Petersburg Indiana 47567¥v128.

Indiana Department of Environmental Management Southeast Office. 820 We~t Sweet Street. Brownstown Indiana 47220-9507.

Indianapolis Central Llbrarv. 40 East St. Clair Street, Indianapolis, Indiana

46204.

Hammond Public Library. 564 State Street. Hammond, Indiana 46320.

Allen County Public Library, 900 Library Plaza... Fort WaYne, Indiana 46802.

Evansville Vanderburgh Public Library. 200 St. Martin Luther King Jr. Blvd•• Evansvllle, Indiana 47713.

Board documents may be viewed and downloaded from the Indiana Depart· ment of Environmental Management's Web site as early as one week prior to

the meeting at httpdlwww.in.gov/idem/4710.htm.

The follOWing rules are noticed for hearing and action:

2009 llpdate of "References to the Code of Federal Regulations' (LSA #10-

112). The purpose of this hearing: is to receive public comment on amendments to 326 lAC H-3, 326 lAC 1-2-48, 326 lAC 19-2-1 and 326 lAC

20·28 that are proposed for adoption by the board. This draft rule updates the "References to the Code of Federal Regulations' to mean the July 1, 2009 edition, and UPdates citations to the Federal Register that are incorpo¥ rated by reference.

For additional information concerning this rule contact Manda Clevenger at

the Indiana DElPartment of Environmental ManagementbOffice of Air Quality, Room 1003, Indi~na Government Center North 10 North Senate Ave- nue. Indianapolis at (317) 232¥8229 or (800) 45'1·6027 (ext 2-8229)On Indiana), or mcleveng@idem.in.gov.

Lead National Ambient Air Quality Standard (LSA #1O¥127). The.purpose of this hearing is to receive public comment on amendments to 326 lAC l¥

3-4. Ambient Air Quality Standards that are proposed for adoption by the

board, This draft rule incorporates the federal lead standard into state rules.

For additional information concerning this rule contact Manda Clevenger at

the Indiana Department of Environmental ManagementbOffice of Air Quali¥

ty, Room 1003, Indiana Government Center North, 10 North Senate Ave· nue. Indianapolis at (317) 232-8229 or (800) 451·6027 (ext. 2·8229Hin

Indiana), or mcleveng@idem.in.gov.

Architectural and Industrial Maintenance (AIM) Coatings (LSA#06¥604)'. The purpose of thiS' hearin,g is to receive. Rublic comment on a new rule. 326

lAC 8-14, concerning emissions of volatile Qrganic compounds (VOCs) from

architectural and industrial maintenance (AIM) coatings that is proposed for

preliminary adoption by the board.

The draft rule adds requirements for VOCs from AIM coatings as part of a re- gional effort to control ozone. The draft emission litnits\based on the Ozone

Transf0rt Commission model rule are at a level at whicn a substantial num¥

ber 0 coatings already exist that comply with the VOC content limits for

each product category. The draft rule contains additional voe content re- Quirements and application standards for traffic marking coatings that will

be applicable during the ozone season (April 1 through September 30). For additional information concerning this rule contact Amy Smith at the In·

diana Desartment of Environmental Management, Office of Air Quality, Room 10 3, Indiana Government Center North. 100 North Senate Avenue.

Indianapolis at (317) 233-8628 or (800) 451-6027 (ext. 3·8628){in Indi·

ana), or asmith@idem.in.gov.

Consumer and Commercial Products {LSA#07·3511. The purpose of this

hearing is to receive public comment on a new rule. 326 lAC 8·15, concern- ing emissions of volatile or.ganic compounds from consumer and commercial

products that is proposed for preliminary adoption by the board, The draft rule adds requirements for volatile ofJ~.anic compounds (VOCs) from consumer and commercial products as part of a regional effort to con· trol ozone. The draft rule, based on the OZOne Transport Commission model

ruleJ establishes vac content limits for specific consumer and commercial

prouucts that manufacturers are required to meet either through reformulating products or substitution with compliant products. For additional information concerning this rule contact Amy Smith at the Indiana D!'Partment of Environmental Management, Office of Air Quality, Room 1003, Indiana Government Center North, 100 North Senate Avenue, Indianapolis at (317) 233·8628 or (800) 451-6027 (ext. 3·8628)(in lndi·

ana), or asmith@idem,in.gov.
Outdncr H'{drooic Heaters'(LSA#Oe·332). The ourP9se of this hearing is to

receive puolic comment on a new rule 326 lAC 4,3, concerning outdoor

hVdronic heaters that iS8roposed for pre\iminary adoption bv the board. The

public hearing for the utdoor Hydronic Heater rule will not begin before

6,00 p.m. The draft rule adds new requirements for outdoor hydronic heaters to actdress PM2.5 emissions. It adds new lan~uage to address emission limits for new units, operating requirements for eXisting units, modifications for cer- tain exi~ting units and notice requirements for sellers of the units.

For additional information concerning this rule contact Susan Bem at the In·

diana Department of Environmental Management. Office of Air Qualitv, Room 1003, Indiana Government Center North. 100 North Senate Avenue.

Indianapolis at (31n 233·5697 or (BOO) 451·6027 (ext. 3·5697)(10 Indiana), or sbem@idem.in.gov.

For these hearings. oral statements will be heard, but for the accuracy of the

record, please submit statements in writiogto the attendant designated to re- ceive written comments at the public, heanng. A transcript of the hearings and all written sub/Tlissions to the board at the

public hearings .shall 'be open to public inspection at the Indiana- Depart- ment of Environmental Management; copies may be made available to any PElr60n upon Rayment of reproductJon costs. Any person heard or represent- e,d at the hearing or requesting notIce shall be gIVen written notice of the ac- tion ot the board.

Christine Pedersen, Chief

Rule and State Implementation Plan Development Section

Office of Air Quality

......*******..***..**..**********"..**......*****..**..**********"************ Individuals r(lQulrln"- rf;laSQnable accommodations for participation in,this event should contact !the Indiana Department of Environmental Manage- ment. Arner cans with Disabilities Act coordinator at:

Attn: ADA Coordinator

Indiana Department of Environmental Management 100 N. Senate Avenue

Indianapolis, IN 46204

or call (317) 233·1785. Speech and ~earinRimpaired callers may contact

the agenc~ via the Indiana Relay ServIce at 1~800~743·3333. Please pro~

vide a minImum ot 72 hours= notification.

4-24 812926

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Prescribed by State Board of Accounts

JDcM

{Governmental Unit}

Lake County, Indiana

General Form No. 99P (Rev. 2009A)

To: The Times Media Company

601-45th Avenue, Munster, IN 46321

PUBLISHER'S CLAIM

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shail

total more than four solid lines of the type in which the body of the

advertisement is set) •• number of equivalent lines

Head •• number of lines ••••• •• • __ ••• __ • • _. _••••••••• _••.

Body .- number of lines _. • __ •• _. ••••••• _. • _. _••••• __ •• _

Tail·· number of lines _•• •• _._. •• _•• •• __ • • _•• __ •••• _

Total number of lines in notice •• _••• ._ •••• _•• __ •• ••••••••• . , .

COMPUTIf/,ION OF CHARGES /J..5 d .9:3.... lines, ......f... columns wide equals ....... equivalent lines at 35.4

cents per line ••••••• _. __ • ••••••• • __ ••• ••• _•••• _. ••••••••.

Additional charges for notices containing rule or tabular work (50 per cent

of above amount) •• ••••••• _. __ • _••••••••••• __ ._ •• _••••••• _. ••••••• _. __ •• __

Charge for extra proofs of publication ($1.00 for each proof in excess

of two) • •••••• _._ •• _._ ••• ••••••••• •••••• _. ._._ ••••• __ •••

TOTAL AMOUNT OF CLAIM •• _•• __ • •• • • _. _

iE

DATA FOR COMPUTING COST

Width of single column in picas 9p4

Number of insertions 1

Size of type 7.0 point.

"I;},'}'"3 $ ..

$ :::8'.~;:13::

-If fJo8'?7<S-Q"-(

Date -4:u."'!....2::.2 ....,.~!0

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legaily due, after ailowing ail just credits, and that no part of the same

has been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width and type size,

which was duly published In s~paper one (1) time. The dates of publication being as foilows:

. ... ~L! ;;L 7, ;;J()/() ....

Additionaily, the statement checked below is true and correct:

...... Newspaper does not have a Web site.

..X.. Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper.

Newspaper has a Web site, but due to technical problem or error, public notice was posted on .....

. Newspaper has a Web site but refuses to post the public notice.

Kate Stephens ,~,: ...1!;~, ..... Title: Legal .Clerk
(((

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of

volatHe or.".'.'. ",.,," from

consumei'al1:4: ,qpmm,erci!3.I·' products th~dis pr9ti9.s~,~'· f9r preliminary a~optio:n' byAlie;boar-d,t"", ,:', -r;hedraftrule,,'~Qds, requirements

fot>" vqlatil~.. 9fQ~pic" .cQl1lpgunds

(IJ,QCS),trom,qo!wurner:and:qorn' mercialprod.wts;,a$'.pad o.f:?-re~

giQr:lal.effortto::,control'ozone;· The

draft rLlI~, based,' on' th~: Ozone

iranspoi't' 06.mmis:&iQI1, rnoqel rule,

establishes VOC"content.Umlts: for

speciiio ,conswner::and'. GQ~mercial products,that'm'anufactl,lre~~~ are,re~

quiredto me'et,¢ithe(1hroogh. rf)fQr~

slj~stitutiq0 :,--"--,,,,'~"" ,

0' a fq9a.tiP9'$;t;!\~

'/;!!Tlply,,':wi.Ih'. t!lt}

,.., .':fdr-'€l~ch:~p(OdO,et 'c~tegory.-Thedraftrl,J!e: c6Jlt~ms ad·

;'ditlonal VOGCCln~elJt"reqjJtremems

and, appliqali6h' i!>tarifJa'r~sGfor traffic

marking;, e,applicable.:. :" s~ason

(I\P: 3-91":,,, F . COncerning:this rule,:b',QfI, ':",my Sn:J\th at'

Ahe Indla(ja[)e'p'a~rnent:ofEhvlronm~ntal, Maf:l.l3.9~mehl" O:ffice. I)f Air Ql1..aljty,:RoO:n;t',-lQQ~;dlJdlan.~,:,G9Y:" er.':':':'e:'t;de';·ter.'1Nbitli' :', to'O,:: Nl:l.rth SSn!'tiP<"Av3rkMt""indikhapHil~f"'at (317) 233,8628 or (800) 45t-6027

(ext,.' 3:8628)'" (in; lndiana'~"r or

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THE TIMES MEDIA COMPANY, MUNSTER, IN

National Ambient Air Quak d (LSA #1ll-127), The h_!S"fj~~'t!n~; i,s1<ne<:£;ive

pu m$~t:'Qn _<;l.m~nd,mMts_ to

32_ '. ,3:r:,All1blf;i,ot,Air Quality

I' Stanq~r.ds th'at·'are,prgpQ.sed· for I

adoptl(mby'th~-- board'"This: ~raft

'!'tile'" jnc:br~?rat.e_§:, !h~,_ J~_deral lead

standard into stat~r~lll~§" _'''

I

'''Fbi agd!tlo~fl'EI:)fCim:'?-t,!qn concern-

-lng thisr!Jle",,':~qnta.ct Manda -q:J$veng$r-:at'I~Erclq11~9<l' Oepart- rn!ah~;of;~nvlronrii~.fIratManage~ ',' Offic~6f"'Aif~~uallty, Room

Irt~lana,-:,,<?pv.emm~I"Jt-_~Genter

100 tf0rtl1:,;$enat~_,,;Avenue,

-at,'($17} 232·82.~9. -'or . (ln 1nc!ustrlal

-oa,tings,

putpo

ce,ive ',_ '_ ".-'.", __ ,' _, the. proposeq,~cti9n~;·;A~1 __ iqterested-·p~r~

S005 are lnvlteqatJ)ij,:"YiU be given reasonable express

tlia,ir vle.;v$, ,proposM actions. ,,:7P:i g, for tM

atitd' rule will

itTc~1'!~~~Alr Q)Jality,,:: n iana::, (3.0vernment Ceriter-North;,1 (JmNQrthlqerw,te,AIl~

enye, 10tl) f1(jor+E~st, Ian" apo1is,'lndianc,14~204

jwirp~~;; fiern:Of,::

MichiQan

o4'660t.

~flvirorf~:,,:

;"~QJ"Shuthwest Qf~' ,'~(,li1~af{f(as Avanu0,

I Fr.o. Box 1'2~, :P'efersf)urg, lndfana I 47567-0128. , " I

:~,lndiarJa DepartlTJent,o.f EnviX0A\:

mental Mailagemeqt;8outheastOr~

'fice, 826'-:YV~S,(S)W~¢f,'Sf(eet;"Brown. ~town, Indjan8"47,~2'Q"~557. - In-,,

i,tHf;l,ocipo1is C~nm~l,':qb:~i:uy, 4q::,E;a~t S~;"CI<,t!rStre~t, :lrldl:a.oapohs, lq:df?na

462'04.' ':""" ',',, .,. HalTlmond"publicLibr~rY'i:&64

State", "Street;",Hal;llmQl1d~, ,,,IQ,dt~lla' 4"6]~\)V:?Nt:.;~:~~:,;\lJN!H/'~':: ;}:;"-',:}\,::f-{i'\';:,~, .',:, \t;,:<Alfen"''C'ouiity:Pobilc:'UbratY;"'900

Library Plaza" ,Fort, Wayne, ,lnp,iMa 46ad2~", ',', """',:',-,::','. :";'" ','" ,~ Evan$viUe.v.l:'tnq~rburgh.Pufjllcl;.l~

brary, ?QO {3~"t0}irtlil:"Lyth~r King Jr.

Bly.d.,EVar'lsvUfe;:,lncli$J)'s,A77i,$.

e·q.~.r((Q.oc~nJe.ot$'~~i ti,~:Yi~*,e,d '<i~ft";:d9Wnl9alie·~";:@:rn:i}t~~'.''I.(\d,Y:lna

lD~pa'ftme'ht!'::'''of'''':'Environmental M{tnr3.g,r:J:Q1en~'~:, y;Je.b sj~e, as,e,~,rIX <1& o~e '. w9i~k' 'p,rip(:!Q ',the' n1e;~!jpg,,'at http·/IwWw.in.gOI/6detoI471n.w!!./i.

The fqlJoy.'ing rules'~r~ n6ti9~d,'for

hearing',liin,(j ~ction: ",." ....'.. ",:, 2009·'UlJd51n~':'9t:,,.!tF(~,ferenc::,es to th~ Code"of'Fede~<l1 'flegulatlons"

(LSA #10-1f2i"fne pJirpbse of this

hes,ring:ls tOJex::.~N¢'pUbl,ic c()m~' :',.'

"ment .ortam$nctnie'qt¢.''.tQ 32J3,IAC

i-t-3. 326'JAC '1:2-48. 326 lAC

19*2·1.and,326. J~G, ~O·28 ,that are proposed•.... fon;, ~(f,option-',b'y the

ti,oard, This,~qtai(:Tci.l~r:;up'dates the "Refere(lc~s.t\):J~'~',::Qo:pe at federal

' '"le.Qul,atjon's~,:t9:' Ji1.e:s,O':Jhe .~ql~l.J" 2009 e'ditiori;"al1~,',up~~tes citations t6~the:lt~der~:He'g,st~r'~hafare:i~~;'; ,

corpors;(tJad~Y:f$.f~r~pq·e<. ,',. '.

For ad,ditiot)~",jhforrnation concern- 'jog t~\~' rUh;p','c!contaet, Manda

'Cleven:qe-r o'epa~-

nient orE: anage- JTl.ent, ality, R.oo,m

1003, ent, Ce,nter

Nartn te '. Ave,Due,

; Ih~ia, $$c,8~g9:,:'or

(800) 29) (In In, diana):,.:or:meleverlg@Jdem,jogOY.
A

T

T

A

C

H

Prescribed by State Board of Accounts

(Governmental Unit)

CLARK County, Indiana

To:

THE EVENING NEWS

221 SPRING STREET

JEFFERSONVILLE, IN 47130

PUBLISHER'S CLAIM

General Form No. 99P (Rev, 2009A)

Additionally, the statement checked below is true and correct:

Pursuant to the provisions and penalties of Ie 5~11-10-1, I hereby certify that the foregoing-account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same

has been paid.

$ Io().;)(

Size of type ..Z...point.

DATA FOR COMPUTING COST

Width of single column in ijicas.

Number of insertions !. ..

I also certify that the printed matter attached hereto is a true :copy, of the same colunm width and type size,

~~ic~~a~ dUlY. pUblished .i"A;J.·.·.if·.k/·.·.i·~iQ The. dates Of.p~bllcatIO~.belng.~s.follows.

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the type in which the body of the

advertisement is set) ~- number of equivalent lines

Head ~~ number of lines .. _

Body -- number of Jines _

Tail-" number of lines •

Total number of lines in notice _

COMP!bTATION OF CHARGES. ...]<J;;(;;Z ().::iJ.. hnes, ...../.... columns wide equal.;,>.f3 eqUivalent Imes at .•......... cents per line . _

Additional charges for notices containing rule or tabular work (50 per cent of above amount) _

Charge for extra proofs of publication ($1.00 for each proof in excess of two) _

TOTAL AMOUNT OF CLAIM

c

o

p

y

A

D

V

E

R

I

S

E

M

E

N

T

o

F

H

E

R

E .. 'Y' Newspaper does not have a Web site.

/.'... Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper.

Newspaper has a Web site, but due to technical problem or error, public notice was posted on

Newpaper has a Web site but refuses to post the public notice.

. /L IJ

Ln~0&tl!U/ Date .....!f..i.l5.j{). . Legal Clerk . (J
CLARK COUNTY EVENING NEWS, JEFFERSONVILLE, IN

LEGAL NOTICE of Public

Hearing

_Under 40 CFA 51.102 nolice is hereby given that the

Indiana Air Pollution Control

Board (board) will hold public hearings at its regularly

scheduled meeting on

Wednesday, June 2, 2010.

The meeting will convene at

4:00 p.m. at Columbus East

High School, Auditorium,

230 South Marr Road, Columbus, Indiana. The purpose of the hearings is to

receive public comments

prior to the proposed ac·

lions. AU interested persons are invited and wit! be given

reasonable opportunity to

express their views con- cerning the proposed actions. The pUblic hearing

for the Outdoor Hydronic

Heater rule will not begin

before 6:00 p.m.

_Copies of the draft and

proposed rules are available to. any person upon reques'tarid are available for

public inspection at the following locations:

Jndiana Department of Environmental Management,

Office of Air Quality, Indiana Government CenterNorth, 100 North Senate

Avenue, 10th floor-East

wing, Indianapolis, Indiana

46204.

_Legislative Services Agency, One ,North Capitol Avenue, Suite 325, Indianapo"

lis, Indiana 46204,

Jndiana Depart"

ment of Environmental

Management, Northwest

Office, 8380 Louisiana

Street, Merrillville, Indiana

46410,

_ Jndiana Department of Environmental

Management, Northern Office, Suite 450, 300 N

Michigan Street, South

Bend, Indiana 46601.

_ Jndiana Department of Environmental

Management, Southwest

Office, 1120 North Vincennes Avenue, P.O. Box

128-, Petersburg, Indiana

47567-0128.

_ Jndiana Department of Environmental

Management, Southeast

Office, 820 West Sweet

Street, Brownstown, Indiana 47220-9557,

_ _ Indianapolis

Central Library, 40 East St

Clair Street, Indianapolis,

Indiana 46204. _ ~Hammond Public Library, 564 State Street,

Hammond, Indiana 46320.

_Allen County

Public Library, 900 Library

Plaza, Fort Wayne, Indiana

46802.

_Evansville Vanderburgh Public Library,

200 SE Martin Luther King

Jr. Blvd" Evansville, Indiana,47713,

_.Board documents may be

vIewed and downloaded

from the Indiana Department of Environmental

Management's Web site as

early as one week prior to

the meeting at

http:tiwww.io gQvljdem/47

_.The following rules are no·

ticed for hearing and action:

_2009 Update -of "References to the Code of Federal

Regulations" (LSA #1'0-

112), The purpose of this

hearing is 10 receive public

comment on amendments

to 326 lAC 1-1-3, 326 lAC

1-2-48, 326 lAC 19-2-1 and

326 lAC 20-28 that are proposed fQr adoption by the

board. This draft rule updates the "References to

the Code of Federal Regulations" to mean the July 1,

2009 edition, and updates

citations to the Federal

Register that are incorporated by reference.

_ _For additional

information concerning this

rule cQntact Manda Clevenger at the Indiana Department of Environmental

Management, Office of Air

Quality, Room 1003, Indiana Government Center

North, 100 North Senate

t3Vt7)llj32j_~~i~~agil~~0~;

451·6027 (ext. 2-8229){in

Indiana), or

mcteveng@idem.in.gov.

_Lead National Ambient Air

Quality Standard (LSA #10-

127). The purpose of this

hearing is 10 receive public

comment on amendments

to 326 lAC 1-3-4, Ambient

Air Quality Standards that

are proposed for adoption

by the board. This draft

rule incorporates the federal lead standard into state

rules.

_For additional

information concerning this

rule contact Manda Clevenger at the Indiana Department of Environmental

Management, Office of Air

Quality, Room 1003, Indiana Government Center

North, 100 North Senate

Avenue, Indianapolis at

(317) 232-8229 or (BOO)

451-6027 (ext. 2-8229}(in

Indiana), or

mCleveog@idem.in~Qv,

_Architectural an Industrial Maintenance (AIM)

Coatings (LSA#06-604).

The purpose of this hearing

is to receive public comment on a new rUle, 326

lAC 8-14, concerning emissions of volatile organic

compounds (VOCs) from

architectural and industrial

maintenance (AIM) coatings that is proposed for

preliminary auoptiun by' lile

board.

_The draft rule

adds requirements for

VOCs from AIM coatings as

part of a regional effort to

control ozone. The draft

emission limits, based on

the Ozone Transport Commission model rule, are at a

level at which a substantial

number of coatings already

exist that comply with the

VOC content limits for each

proQuct category. The draft

rule contains additional

VOC content requirements

and appUcation standards

for traffiC marking coatings

that will be applicable during the ozone season (April

1 through September 30).

_ _For additional

information concernin~ this

rule contact Amy Smith at

the Indiana Department of

Environmental Manage. mAnl (jfflcA,"qf.,AiLQ!<.'all~,\I

Room 1003, Indiana {jOV~

ernment Center North, 100

North Senate Avenue, Indianapolis at (317) 233-8628

or (800) 451-6027 (ext. 3-

8628)(in Indiana), or M:

mith@ldlfftl·ifMQV.

_Consumer and Commercial Products (LSA#07-

351). The purpose of this

hearing is to receive pUblic

comment on a new rule,

326 lAC 8-15, concerning

emissions of volatile organic compounds from con- sumer and commercial

products that is proposed

for preliminary adoption by

the board.

The draft rule

adds requirements for volatile organic compounds

(VOCs) from consumer and

commercial products as

part of a regional effort to

control ozone. The draft

rule, based on the Ozone

Transport Commission

model rule, establishes

VOC conlent limits for specific consumer and commercial products that manufacturers are required to

meet either through reformUlating products or substitution with compliant prod~

ucts.

For additional

information-concerning this

rule contact Amy Smith at

ttle Indiana Department of

Environmental Manaj;,lement, Office of Air Quality,

Room 1003, Indiana Government Center North, 100

North Senate Avenue, Indianapolis at (317) 233-8628

or (800) 451·6027 (ext. 3-

8628 (in Indiana), or ~:

milh I .i. .

_Outdoor Hydronic Heaters (LSA#05~332). The

purpose of this hearing is to

receive public comment on

a new rUle, 326 lAC 4-3,

concerning outdoor hydronic heaters that is proposed

for preliminary adoption by

the board. The pUblic hearing for the Outdoor Hydronic Heater rule will not begin

before 6:00 p.m.

_ Jhe draft rule

adds new requirenients for

outdoor hydronic heaters to

address PM2.5 emissions.

It adds new language to address emission limits for

new units, operating· requirements for existing

units, modifications for certain existing units and notice requirements for sellers

Qf the units.

_For additional

information concerning this

rule contact Susan Bem at

the Indiana Department of

Environmental Management, a.mce of Air Quahty,

Room 1003, Indiana Government Center North, 100

North Senate Avenue, Indianapolis at (317) 233·5697

or (800) 451-6027 (ext. 3-

5697)(in Indiana), or

.sQem@jdemin.gov.

~For these hearings, oral statements will be

heard, but for the accuracy

of the .record, please submit

statemi;lnts· in wrltfng to the

attendant,deSignated'to receive wfitten<coinments at

the public hearing,

_ . ',-A transcript of

the hearlnPs aM::I1! writl",n

submissions to the board at

the public hearings shall be

Qpen to public inspection at

the Indiana Department of

Environmental Management; copies may be made

available to any person

upon payment 01 reproduction costs. Any person

heard or represen!ed at t.he

hearing or requestmg notice

shall be given written notice

of the action of the boarq,

Christine. Pedersen, ChIef

-Rule and State Implemen·

tation Plan Development

Section

Office of Air Quality

-H ••••••••••••

UHH

Individuals requiring reasonable accommodations

tor participation in this

event should contact the Indiana Department of Environmental Management,

Americans with Disabilities

Act coordinator at:

Attn: ADA Coordinator

-Indiana Department of Environmental Management

100 N, Senate Avenue

-Indianapolis, IN 46204

=-or calt (317) 23;3-17~5.

Speech and heanng Impaired callers may contact

the agency via the Indiana

Relay Service at 1-800-

743-3333. Please provide a

minimum 01 72 hours= notilication.

(

(

(
Prescribed by State Board ofAccounts 80315-5685328 General Fonn No_ 99P (Rev. 2009A)

IND DEPT ENVIRONMENTAL MGMT

MARION COUNTY, INDIANA

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145

PUBLISHER'S CLAIM

LINE COUNT

Display Matter - (Must not exceed two actual lines, neither ofwhich shall

total more than four solid lines ofthe type in which the body ofthe

advertisementis set). - number of equivalent lines

Head - Number oflines

Body - Number oflines

Tail- Numher oflines

Total nurriber of lines in notice

Size oftype 1

COMPUTATION OF CHARGES

188.0 lines -bQ columns wide equals 376.0 equivalent lines at .446

cents per line

Additional charge for notices containing rule and figure work (50 per cent

of above amount)

Charges for extra proofs ofpublication ($1 ,00 for each proof in excess oftwo)

TOTAL AMOUNT OF CLAIM

'DATA FOR COMPUTING COST

Width ofsingle column 5.8 ems

Number ofinsertions -.1Q

$__-"1",,67,,-,.7,,,0

.00

$__-"1",,67,,-,.7,,,0

Pursuant to tb.e provisions and penalties ofiC 5-1l-J0-1, I hereby certifY that the foregoing account is

just and correct, that ti,e amount claimed is legally due, after allowing all just credits, and that no part ofthe same

has bccn paid.

I also certifY that the printed matter attached hereto is a true copy, ofthe same column width and type size,

which was duly published in said paper 1 times. The dates of publication being between the dates of:

07/3112010 and 07/3112010

Additionally, the statement checked below is true and correct:

Newspaper does not have a Web site.

vrNewspaper has a Web site and tb.is public notice was posted on the same day as it was published in

the newspaper

_ Newspaper has a Web site, but due to a technical problem or error, public notice was posted on _

_ Newspaper has a Web site but refuses to post the public notice. '

DATE: 07/3112010 Title: Clerk
...._------------------------,----,

INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN (

(

(
Pres,cribed by State Board of Accounts

XI16 India!l~p'ept of Environmental Mgmt

(Governmental Unit)

General Form No. 99P (Rev. 2009A)

To __-,E::.:V"-A.::.N:.:S:.:V1-,,L=L:::E:..:C::.:O::::U::::R~Ic::E=R-,&=-P:..:R~E:::S=S,,-- __

VANDERBURGH County, Indiana PO Box 268, EvanSVille, IN 47702

PUBLISHER'S CLAIM

LINE COUNT. • '.. . .. '" . .

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the lype in which the body of the •

advertisement is set) -- number of equivalent lines 555

Head -- number of lines 0

Body -- number of lines 555

Tail- number of lines 0

Total number of lines in notice 555

ATIACH

COPY OF

CLIPPING

HERE

COMPUTATION OF CHARGES

277.5 lines, 2 columns wide equals 555 equivalent lines at

cents per line

Additional charges for notices containing rule or tabular work (50 per cent

of above amount)

Charge for extra proofs of pUblication ($1.00 for each proof in excess

of two)

TOTAL AMOUNT OF CLAIM

0.2216

$

$

122.99

122.99

DATA FOR COMPUTING COST

Width of single column in picas

Number of insertions 1

5pa Size of lype_-c7c-_point

Pursuantto the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legally due, after allOWing all just credtls" and that no part of the same

has been paid. •

I also certify that the printed matter attached hereto is a true copy, of the same column width and type size,

which was duly pUblished in said paper 1 times. The dates of publication being as follows:

July 29, 2010

Additionally, the statement checked below is true and correct:

_--;:;-_Newspaper does not have a Web site.

X Newspaper has a Web site and this pUblic notice was posted on the same day as it was published

in the newspaper.

____Newspaper has a Web site, but due to technical problem or error, public notice was posted on ......

____Newspaper has a Web site but refuses to post the public notice.

Date Title Accounting Clerk

ATfACHCOPY

OF ADVERTISEMENT

HERE

--'-~~~~~~~~~~~-------------- ~~~~~~~~~-
EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN (

LEGAL NOTICE OF PUBLIC HEARING

Under 40 CFR 51.102 notice is hereby given that the Indiana

Air PoHution Control.Board (boardl will hold public hearinas at i1s regularly schedOled meeting on W,ednesday, $eptem'ber 1, 2010.The meeting will convene at 1:00 p.m. at tlie Indiana

Government Center-South, Conference Room C. 402 West

Washington Street, Indianapolis, Indiana. The purpose of the

hearings is to receive pUblic comments prior to the proposed actions, All interested persons are invited and will be gIven reasonable opportunity to expresstheir views concerning the

proposed actIOns.

Copies of the draft arid proposed rules are available to any

person upon request and are available for public inspection at the following locations:

Indiana Department of Environmental Management, Office of

Air Quality, Indiana Government Center-North, 100 North Sen- ate Avenue, 10th floor~East wing, Indianapolis, Indiana 46204.

Legislative Services Agency; Indiana Government Center~

North, 100 North Senate Avenue, Room N201, Indianapolis,

Indiana 46204.

·Indiana Department of Environmental Management, North~

west Office, 8380 louisiana StrElet, MeiriUv:ille, Indiana 46410.

Indiana Department of Environmental Management, Northern

Office, Suite 450, ~OO N. Michigan Street, South Bend, Indiana

46601, , ' Indiana Department of Environmental Management. South- west Office, 1120 North Vincennes,Avenue, P'O.,Bol:{ 128, Pe~

tersburg, Indiana 47567-0128. . Indiana Department of Environmental Management, South- east Office, 820 West Sweet Street, Brownstown, Indiana

47220-9557.

Indianapolis Central Library, 40 East St. Clair Street; In- , dianapolis, Indiana 46204.

Hammond Public Library, 564 State Street, Hammond, Indiana 46320.

AHen County Public Library, 900 Library Plaza, Fort Wayne, Indiana 46802. \ ,. ' Evansville Vanderburgh Public Library, 200 SE Martin Luther

King Jr. Blvd" Evansville, Indiana 47713.

Board documents may be viewed and downloaded from the

Indiana Department of Environmental Management's Web.

site as early as one week prior to the meeting at \1ttp:llwww.in.govlidem/4710.htm.

The foUowinQ rules are noticed for hearing and action:

Ozone Redeslgnations (LSA #1Q..342). The purpose of this

hearing is to receive pUblic comment on amendments to 326

lAC 1-4 that is proposed for adoption by the board. This draft

rule amends. the attainment statu::; for Dearborn County, Lake.

County and Porter County to attainmeotfoJ the 8~hour ozone standard. _ _ ' _ ' , "

For additional information concerning this rule contact Manda Clevenger at the Indiana Department of Environmental

Management, Office of Air Quality; Room 1003, Indiana ' Government Center North, 100 North Senate Avenue, Indianapolis at (317) 232..$229 or (800) 451-6027 (ext. 2-8229)(in

Indiana), or mcleveng@idem.in.gov.

VOC RACT Amendments (lSA '#10·413). The purpose of this

hearing is to receive public comment on amendments to 326

lAC 8-2-1 and 326 lAC 8-2~9, concerning miscellaneous metal

and plastic surface coati!':lg operations that are proposed for

adoption by the board. This draft rule clarifies that surface

coating of plastic Parts at sources not located in Lake and

Porter County are excluded from the applicability ofthis rule,

For additional information concerninn this rule contact Susan

Bem at the Indiana Department of EnVIronmental Management, Office of Air Quality, Room 1003, Indiana Government

Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or {800l451-6027 (ext. 3~~_697)(in IndianaLor

sbem@idem-in.gov. ' ..

Best Available Retrofit Technology (BART) Limits (LSA#09~

498). _The purpose of this hearing is to receive pu.btic.com- ment on a new rule, 326 lAC 26~2! concerning best available

retrofit technology. emission limits that is proposed for pre· lirnil1ary adoption by the board.. The draft rule adds emIssion

limits for Alcoa, Inc. in Warrick County to address the BART

requirements under the Regional Haze rule.

For additional information concerning .this rule contact Christine Pedersen at the Indiana Department ofEnvironmental

Management, Office of Air Quality, Rbom 1003, Indiana

Government Center North, 100 North Senate Avenue, Indianapolis at (31 T) 233-5684 or (800)451-6027 (ext. 3·5684)(in

Indiana), or cpederse@idem.in,gov.

Architectural and Industrial Maintenance (AIM) Coatings {LSAIJ06~604},The purpose of this hearing is to receive public comment on a new rUle, 326 lAC 8·14 concerninJ;l emissions

9'f yol,a~i1~ organic comp<?l;l.'!9S (VQCs! from archltectll.r.aj an.9

l

industrial,mamtenance {AIM} coatings that is proposed for.fi- ....•:.1. nOli adoptIon by the board, The draft rule adds requirements . for VOCs from AIM coatings as part of a regional effort to con~

trolozone. The draft emission lJmits. basea on the Ozone ' Transp0r:t Commission model rule, are at a level at which a substantial number of coatings already exist that comply with,

the VOC content limits for. each product category. The draft

rule contains additional VOC content requirements and appli- cation sta.ndards for traffic marking coatmgs that will be applicable dunng th!" ozone ~eason (May 1 through September 30). Fo~ addltionalll)formation conceming this rule contact Amy

Smith at the Indiana Department of Environmental Manage~

ment, Office of Air Quahty, Room 1003, Indiana Government

Center North, 100 North Senate Avenue, Indianapolis at (317} 233~862B.or (800) 451-6027 {ext. 2·8229Hin Indiana}, or :'

asmlth@ldem.m.gov. "

Consumer and Commercial Products (lSA-#07-351) The pur~

pose of this hearing is to receive public comment on a new rule, 326 lAC 8~ 15, concerning emissions of volatile organic

compounds from consumer and commercial products that is

prop.?sed for final ad0p.tion by the board. The draft rule adds

requrrements for volatile. org~nic compounds (VOCs) from consumer and COmmercml products alf part of a regional effort to control ozone. The draft rule, based on the zone Trapsport C0IT!,!,ission model rule, establishes vac content limIts for speCifiC consumer and commercial products that

manufacturers are required to meet either through reformulat~ , ing prod,upts or. substitu.tion with compliapt products.

For addmonal mformatlon concerning thiS rule. contact Amy

Smith at the Indiana Department of Environmental Management, Office of Air QualIty, Room 1003, Indiana Government

Center North, 100 North Senate Avenue, Indianapolis at

(3~ 7) 233:8628.or (800)451,.6027 {ext. 2·8229Hin Indiana}, or asmlth@ldem.lf~,gov. .

C.ar9i!l, Inc, Particulate Matter and Sulfur'Oioxide Emission

llml!s {LSA#09-476}. The purpose of this hearing is to receive

pubhc comment on amendments to 326 lAC 6.8 and 326 lAC 7 concerning the particulate matter (PM) and sulfur dioxide

(S02) emission limitations at Cargill, Incorporated (Cargill) in

Hammond, Indiana that are proposed'for flOat adoption by the:

boar9· The drii!ft rule updates Cargill's S02 emission limits for: C~lOslstencywith a federal consent decree and removes emis-

$,o,:,s ~iijts nq lo.nger in operation at: Cargill. aalso removes emlsslO~~ tJmt~ In the P.M rules tha~ Cargill has shut down_

For addItIonal mformatlon concernmg this rule contact Man~

da Clevenger at the Indiana Department of Environmental '",'

Management, Office of Air Quality, Room 1003, Indiana "':";

G.overn!l1ent Center NOrth, 100 North Senate Avenue; Indlanapolls at (317) 232-8229 or (800)451-6027 {ext, 2·8229)(in Indiana}, or mcleveng@idem.in.gov.

Outdoor Hydronic Heaters (l:SA#05-332l. The purpose of this

hearing is to receive public comment Glna.n~w r!Jle 3261AC

4-3, concerning outdoor hydronic heaters thatis proposed for'·":

preliminary adoption by the board. The draft-rUle adds new ' req!Jir,ements for outdoor hydronic heaters to address PM2.5

emISSIons. It adds new language to address emission limits

for new units, operatinj;J.requirements for existing units, ':{:

modifications for certam eXIsting units and notice require~ ments for sellers of the units."

For additional information concerning this rule contact Susan''';

Bern at the Indiana Department of Environmental Manage- :':, i

ment, Office of Air Quality, Room 1003, Indiana Government

Center North, 100 North Senate Avenue Indianapolis at (317)23;3-5697 or (800}451~6027(ext. 3-S697j{in Indiana), or sbem@ldem.lO,gov.

For the;se hearings, oral statements wilt be heard, but for th'!'!

accuracy of the record, please submit statements in writing'to

the attendant designated to re,celve written comments at the' <', public hearing. .' .' ';"

A transcript of the hearings and all written submissions to the

board at the public hearings shall be open to public inspection at the Indiana Department of Environmental Management;

copies may be made available to any person upon payment nf '

reproducllon costs. Any person heard or represented at the· ~~ .;'

hearing or requesting notice shall be given written notice of

the actIon of the board.: ' . Christine Pedersen, ehief. '

Rule and State Implementation ,Plan Development Section , Office of Air Quality

Individuals requiring reasonable accommodations for partici"

patl'on in this event should contact the Indiana Department of

Environmental Management, Americans with Disabilities Act

coordinator at: '

Attn: ADA Coordinator

Indiana Department of Environmental ~an.agement

100 N. Senate Avenue

Indianapolis, IN 46204

{Courier & Press,:July 29, 2010)

(

(
Prescribed by State Board of Accounts

<:::>G" -G,,0'-f

General Form No. 99P

(Rev. 2009A)

The Journal Gazette

COMPUTATION OF CHARGES

156 lines, g column(s) wide equals

312 equivalent lines at $ 0.371 cents per line $ 115.75

Additional charges for notices containing rule or tabular work

(50 per cent of above amount) 57.88

Charge for extra proofs of publication

($1.00 for each proof in excess of two)

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the type in which the body of the

advertisement is set) -- number of equivalent lines

Head -- number of lines

Body -- number of lines

Tail -- number of lines

Total number of lines in notice 312

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a:

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IAllen County, Indiana

PUBLISHER'S CLAIM

Account # 1060944 - 837551

Ind Dept Of Environmental Mgmt

TOTAL AMOUNT OF CLAIM $ 173.63

DATA FOR COMPUTING COST

Width of single column in picas .... 9.8 Size of type .... 7point.

Number of Insertions .... 1

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the .foregoing

account is just and correct, that the amount claimed is legally due, after allowing all just credits,

and that no part of the same has been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width

and type size, which was duly.published in said paper 1 times.

The dates of pUblication being as follows:

7/28/2010

Additionally, Newspaper has a Web site and this public notice was posted on the same day as it

was published in The Journal.Gazette.

Date: July 28,2010

~~~~~__~~~:;:=;:;:;:;;~..L~:L. -= '\'\-- -~%\:,,'" ...... \ T:l3ro Cl-t; it .

Legal Clerk
THE JOURNAL GAZETTE, FT. WAYNE, IN

(

legal Notice of Public Hearing

Under 40 CFR 51 102 notice is hereby given that th.e Indiana Air Pollution

Control Board (board) will hold public nearing? at Its ~egularly scheduled ~c"ti"g on Wednesday. September 1, 2010. The meetmg will convene at 'tOO 'p m. at the Indiana Gover\lment Genter.-South Comerence Room C, 402 West Washington. Street, IndianapoliS. Indiana. The purpose of ttJe hearings is to receive pubhc comm.ents PrI.or. to the proposed actlOn~. All mterested persons are mvtted and Will be given reasonable opportunity to express

, their views concernmg the proposed actions.

Copies of the draft and propos~d rules are available to aM persofl upon re- uest and are available for pubhc Inspectlon at the follo!",mg loc;aMns, ~diana Department of EnVironmental Management, Office of An Quality, Indiana Government center-North, .... 100 North Senate Avenue, 10th floor-East wmg, IndianapolIS. Indiana

~~~£~tive Services AgenC\i. lnd(ana Gqvernm!'lnt Center-North, 100 North

Senate Avenue Room N201, IndianapoliS, Indiana 46204. . Indiana Department otEI:wironmfilnta Management, Northwest Office. 8380

Louisiana Street MerrillVille, Indiana 46410. .. Indiana Department of Environmental Manage!Ylent. Northern Office, SUite

450 300 N. Michigan Stre.et, South Bend, IndIana 46601. . Indiana Department of EnVlronmental Management, Sou.thwest Offlc~ 1120

North Vincennes Avenue P.p. Box 128 Petersburg Indiana 47567.-u128.

Indiana Department of tnvlronment.al ManaKemen~ Southeast Of~lce. 820

West Sweet Street. Brqwnstown Indiana 472?O-95:17.. ' .

Indianapolis Central library, 40 East St. Clair Street, IndianapolIS, Indiana

~~~~ond Public Library, 564 Stat.e Street, Hammond, Indiana.46320.

Allen County Public Library. ,90Q library Plaza,.., Fort Wayne. lnd\ana 46802.

Evansville Vanderburgh Public Library, zOO St. Martin Luther King Jr. BlVd.•

Evansville, Indiana 47713.

Board documents may be viewed an~ downlqaded from the Indiana De.partment of Environmental Maflagem~nt s Web site as early as one week pnar to

the meeting at httP;l!www.ln.gov/ldem/4710.htm.

The following rules are noticed for hearing and action: . ,. Ozone Redeslgnations (LSA #10-342). The purQose of thiS h~aflng IS to re- lve public comment on amendments to 326 rAC 1:4 that IS proposed for ~aoption by the board. This draft rule amends the attal.nment status for Dearborn County, Lake County an,d Porter County to attamment for the a-hour

Olone standard.

f~~ f~~i~~O~l~e~~~~~~iogfC~r;~~~~~~ntr~( M;!~a~~~~~ib~1ri~~ ~;eAfrnU~a~: t R m 1003 Indiana Government Center North, 10 North Senate AvelLie ~gdianapolls at (3F) 2;32-8229 or (800) 451·6027 (ext. 2-8229)(in

Indi'anal, or mCleveng@ldern.in.gov.

VOC RACT Amendments (LSA #10-413). The purpOse of this hearing is to

receive public comment on amendments to 329 lAC 8-2-1 an.d 326 lAC 8- 2~9 concerning miscellan~ous metal and plast!c surface coatll)g operations thai are proposed for adoption by the board. ThiS dr.aft rule clanfies that sur- face coating of Qlastic parts 4t sO!Jfces not. located In Lake and Porter County are excluded from th~ aPDllcabll.Jty of thIS rule.. For additional informatIOn <;oncernlOg thiS rule contact Sl,lsan Bern. at the .Ind' a Department of EnVironmental Management, OffiCe of Air Quality, R~~m 1003, Indiana Government Ceater North. 100 North Senate ~venu~, Indianapolis at .<317).233-5697 or (800) 451~6027 (ext. 3-5697)(10 Indiana), or sbem@ldem.tn.gov.

Best Available Retrofit Technojogy (B.A,RT) Limits (LSA#09-498). The pur- eof this hearing is to r~celve Dubll~ comment on a.ne.w ru!e,.326 lAG ~%:2 concerning 5est avallaQle retrofit technology emiSSion hmlts tl:13t, IS

proposed for prel1minary adoption by the board. The draft rule .adds ~mlsslon

limIts for Alcqa, Inc. in Warrick County to address the BARl reqUIrements

under the Reglpnal Ha~e rule. .. . . For additionaT information concern109 thIS rule contact ChnstlOe Ped~rsen 2!t

the Indiana D~partment of Environmental ManagementbOffice of Air Quaht Room 1003. Indiana Government Center North. 10 North Senate AveJue, Indianapolis at (3.17) ~33-5684 or (800) 451-6027 (ext. 3-5684)(in

Indiana), or cpederse@ldern.ln.gov.

Architectural and Indu~triaj Mainte~ance «(\1M) Coatings (LSA#05-604J. The Qurpose of this heanng 1;:; to receive public co.mment on a new rule, 32.6

lAC 8-14, concerning er~usslOn.s of volatlle organic ~ompoungs (VOCs) from

architectural and indiJstnal mamtenance (AIM) coatH~gs that IS proposed for

final adoption by the board. T.he draft rule adds reqUIrements for VOCs frqm AIM coatings as part of a regional effort to contrpl ~Jlone. The draft erms- . limits based on the Ozone Transport CommISSIon model rule, are at a f~e~l at which a substantial number of coatings already exist that comply ·th the VOC content limits for each product category, The draft rule con- t'alins additional voe content requirem,ents and a,pplication standards for traf"

fic marking coatings that Will be applicable dunng the ozone season (May 1

through September 30).. .. _ For additional informatIOn <;oncernmg thIS rule contact Af!lY SmIth, at the .Indiana Degartment of EnVlfonmenta:l Management. OffIce of AIr QualIty, R m 10 3 Indiana Government Center North. NO North Senate Avenue. Inod~anapolis' at (317) ?33~8628 or (800) 451·6027 (ext. 2~8229)(in Indiana), or asmith@idem.ln.gov.

Consumer and Commerc.ial Products (LSA#07-351L The purpose of this

hearing is to receive public comment on a new rule. 326 lAC 8-15, concernlog emissions of volatile organic compounds from consumer and commercial

products that is proposed for final adoption by the board. The draft rule

adds requirements for volatile organic compounds (VOCs) from consumer and commercial products as part of a regional effort to control ozone. The

draft rule based on the Ozone Transport Commission model rule, establishes votcontent limits for specific consumer and commercial products that manufacturers are reQuired to meet either through reformulating prod·

ucts or substitution with compliant products.

For additional information concernin~ this rule contact Amy Smith at the Indiana Degartment of Environmental Management, Office of Air Quality, Room 10 3, Indiana Government Center North, 100 North Senate Avenue, Indianapolis at (317) 233-8628 or (BOO) 451-6027 (ext. 2-8229)On Indianal, or asmith@idem.in.gov.

Cargill Inc. Particulate Matter and Sulfur Dioxide Emission Limits

(LSA#b9-476L The purpose of this hearing is to receive public comment on amendments to 326 lAC 6.8 and 326 lAC 7 concerning the particUlate

matter (PM) and sulfur dioxide {S02} emission limitations at Cargill. Incorpo- rated (Cargill) in Hammond. Indiana that are proposed for final adoption by the board.the draft rule updates Cargill's S02 emission limits for consistency with a federal consent decree and removes emissions units no longer in

operation at CargilL It also removes emissions units in the PM rules that

Cargill has shut down.

For additional information concerning this rule contact Manda Clevenger at

the Indiana Department of Environmental ManagementbOffice of Air Quality, Room 1003, Indiana Government Center North. 10 North Senate Avenue:, Indianapolis at (317) 232-8229 or (BOO) 451-6027 (ext. 2-8229>On

Indiana), or mcleveng@idem.in,gov.

Outdoor Hydronic Heaters {LSA#05-332l. The purpose of this hearing is to

receive public comment on a new rule. 326 lAC 4-3. concerning outdoor

hydronic heaters that is proposed for preliminary adoption by the board. The

draft rule adds new requirements for outdoor hydronic heaters to address

PM2.5 emissions. It adds new language to address emission limits for new units, operating requirements for eXIsting units, modifications for certain ex- isting units and notice requirements for sellers of the units.

For additional information concerning this rule contact Susan Bern at the Indiana Department of Environmental Management, Office of Air Quality. Room 1003. Indiana Government Center North, 100 North Senate Avenue.

IndianapOlis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)On Indiana), or sbem@idem.in.gov.

r~2o~d:~leha~~~"~m9[~ii~iri~1il~ ~:ltrn~ 191~e iti~Ja~~iE'd~i~'ri:&'d 1~tre:

ceive written comments at the pubHc hearmg. A transcript of the hearings and all written submissions to the board at the

public hearings shall be open to pubHc inspection at the Indiana Department of Environmental Management; copies may be made available to any

person upon payment of reproduction costs. Any person heard or represent- ed at the hearing or requesting notice Shall be given written notice of the ac- tion of the board. . Christine Pedersen. Chief Rule and State Implementation Plan Development Section Office of Air Quality

"*""""""***""**"***""************"***********""*"*********"******"*

Individuals requiring reasonable accommodations for participation in this

event should contact the Indiana Department of EnvirOnmental Management, Americans with Disabilities Act coordinator at:

Attn: ADA Coordinator

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN 46204

or call (317) 233-1785. S~ech and hearing impai(ed callers may contact

ti:Je agen.cy via the Indiana Relay. $er'{ice at -1-800-743-3333. Please pro- Vide a minimum of 72 hours= notlflcatlon.

7-28 837551

(

(
oto-<.oO'-{

Prescribed by State Boerd of Accounts General Form No, 99P (Rev. 2009A)

/~ V}/} .......................... iLl

(Governmental Unit)

To: The Times Media Company

Lake County. Indiana 601-45th Avenue, Munster, IN 46321

PUBLISHER'S CLAIM

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the type in which the body of the

advertisement is set) -- number of equivalent lines

Head -- number of lines ______________ _ ..

Body -- number of lines _

Tail -- number of lines -- --- -- - __

Total number of lines in notice _

Size of type 7.0 point.

DATA FOR COMPUTING COST

Width of single column in picas 9p4

Number of insertions 1

COMP--lil1-TION OF h,HARGES '1_ '..0.0.. lines, ...d .. columns wide equafft"7LteQuivalent lines at 35.4

cents per line .

Additional charges for notices containing rule or tabular work (50 per cent

of above amount) __ _ _ -- -- -- _

Charge for extra proofs of publication ($1.00 for each proof in excess

of t;~~ALAMOUNT OF CLAiM-~_- ~~ ~~ ~~ _-_-_-~ ~~~~~ ~~~~~~~ ~_- ~~:_-~~ _-~: ~~ ~~:::: $ 9:2::t?L

tJ- 2-631.$171

iE

(E

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is

just.ahd correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same

has been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width and type size,

which was duly published In said paper one (1) J:e., The dates of publication being as follows:

.. .. . . Jv:~7 . 3/,. 24/ i? .....

Additionally, the statement checked below is true and correct:

Title: Legal Clerk

Newspaper does not have a Web site.

Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper.

. Newspaper has a Web site, but due to technical problem or error, public notice was posted on .

Newspaper has a Web site but refuses to post the public notice.

KateStePhen~~.~

.x.
Board documents may be viewed and downloaded from the Indiana Department of Environmental Management's Web site as early as one week

prior to the meeting at ~UYlidemJAZ.l.Qbtro.

! The foHowing rules are noticed 1ar hearing and action:

I

Ozone Redesignations (lSA #10~342). The purpose of this hearing IS to

receive public comment on amendments to 326 lAC 1-4 that is proposed

fo!" adoption by jhe board. This draft iUte amends the attainment status Ifor Dearborn County, Lake County and Porter County to attainment for the

a-hour ozone standard.

For additional information concerning this rule contact Manda Clevenger at

the Indiana Oepartr,n.ent ofEnvironmental Management, Office of Air Qua!-

ity, Room 1003,.lncbana Government Center North, 100 North Senata Avenue, Indianapolis at (317) 232-8229 or (800) 451·6027 (ext. 2-8229){in lndi· . ana), or m.cleveog@idem in gall.

vae RACT Amendments (lSA #10-413), The purpose of this hearing is

to receive public comment on amendments to 326 lAC '8,·2-~ and 326'IAC

8-2-9, concerning miscellaneous metal and plastic surface coaling operations that are proposed for adoption by the board, lhis draft rule clarifies

that sudace coating of plastic parts at sources not located in Lake and Porter Coun'ty are excluded from the appUcabiUty of this rule.

For additional information concerning this rule contact Susan Bern at the

i Indiana Department of Environmental Management, Office of Air Quality,

I

Room 1003, Indiana Government Center North, 100 North Senate Avenue,

Indianapolis at (317) 233·5697 or (800) 451-6027 (ext. 3-5697)(in Indiana), or sbem@ldemla..gn:Il,

Best Available Retrofit Technology (BART) Limits (lSA#09-498). The

I

purpose of this hearing is to receive public comment on a new rule, 326

lAC 26-2, concerning best available retrofit technology emission limits that

is proposed for preliminary adoption by the board. The draft rule adds

emission limits for Alcoa, Inc. in Warrick County to address the BAAT re- quirements under the Regional Haze rule,

For additional information concerning this rule contact Christine Pedersen

at the Indiana Department of Environmental Management, Ollice of Air

Quality, Room 1003, Indiana Government Center North, 100 North Senate

Avenue, Indianapolis at (317) 233-5684 or (800) 451-6027 (ext. 3-5684)(in

[

Indiana), or cp.edars.a@jdem.io..gm!.

Architectural and Industrial Maintenance (AIM) Coatings

(lSA#06-604). The purpose of th!s hear!nQ is to recei~e public comment on a neVi rule, 326 lAC 8-14, C<Jncermng emiSSions of volatlle organic com- , pounds (VOCs) from architectural and industrial maintenance (AIM) coat- . ings that is proposed for final adoption by the board. The draft rule adds

requirements lor VOCs from AIM coatings as part of a regional effort to

control ozone, The draft emission limits, b,ased on the Ozone Transport

Commission model rule, are at a level at which a substantial number of

coatings already exist that comply with the vec content limits for each

produci category. The draft rule contains additional VOC content requireI

ments and application standards for traffic marking coatings that will be applicable during the ozone season (May 1 through September 30).

For additional information concerning this rule contact Amy Smith at the Indiana Department of Environmental Management, Office of Air QuaHty,

! Room 1003, Indiana Governmenl Center North, 100 North Senate Avenue,

I

Indianapolis at (317) 233-8628 or (800) 451-6027 (ext 2-8229}(in Indiana),

, or asroith.@ide.mlo..aQ\!,

THE TIMES MEDIA COMPANY, MUNSTER, IN

legal Notice of PUblic Hearing

. Under 40 CFR 51.102 notice is hereby given that the Indiana Air Pollution C;;onsu:ne~ and C~mmercial Products (LSA#07-351). The purpose of

, Cix\trcl Board (board) wi!! hoid public hearings at its regularly st:;hedu(eo thIs ~eanng.ls ~I) receIve p~blic comment on a new rule, 325 lAC 8-15, con.

i m(~eting on WedneSday, September 1, 2010. The meehng "Jill convene at cerm09 emTSSlcns of v?!atlle organic compounds from consumer and com- i :00 p.m, a! the Indian'3. Govemmen\ Center,SOlJth, Conference Room C, merCia! pro~uc\s th~t IS proposed for final adoption by the board. The

i 402 West Washington Street, Indianapolis, Indiana. The purpose of the i draft rule aods reqUIrements for volatile organic compounds (VOCs) from

I

,hearings is 10 receivp. public comments prior to the proposed actions, All in- i consumer and commercial products as part of a regional effort to control

terested per~ons are jrwit~d and will be given r~asonable opportunity to ex- ! ozone. The. draft rule, basad on the Ozone Transport Commission model

, press thew Views CO/1cermng the proposed achons. I rule, eslabhshes voe content limits fQr specific consumer and commercial

I

Copies of the draft and proposed rules are available to any person upon I prOducts, that manufacturers are required to meet either through reformulatrequasl and are available for pubHe inspection at the following locations: mg prodl.!<:ts or.substitu,tion with co.mplia.nt products. .

, Indiana Department of Environmental Management, Office of Air Quality, ,For addillonal mformatlon .concernlng thiS rule contact Amy Smith at the InI

Indiana Government Center-North, 100 North Senate Avenue, 10th dIana Departm~nt of EnVIronmental Management, Office of Air Quality,

floor-East wing, Indianapolis, Indiana 46204. Room 1003, Indiana Government Center North. 100 North Senate Avenue _ Legislative Services Agency, Indiana Government Center-North, 100 lndian~poH~ at (?17) 233-8628 or (800) 451-6027 (ext. 2'8229)(in Indiana)' North Senate Avenue, Room N201, Indianapolis, Indiana 46204. or. asm1th@tdern..tO..gQ.ll. '

_ Indiana Department of Environmental Management, Northwest Office, Cargill, Inc. Particulate Matter and SUlfur Dioxide EmiSSion limits

8380 Louisiana Street, Merrillville. Indiana 46410. (LSA#09476), The purpose of this hearing IS to receIVe public comment

_Indiana Department of Environmental Management, Northern Office, Suite on amendments to 326 lAC 68 and 326 lAC 7 concemlng the partIculate

450 300 N. Michigan Street, South Bend, Indiana 46601. matter (PM) and sulfur dioXide (802) emiSSion hmltatlons at Cargill lncor- _ Indiana Department of Environmental Management, Southwest Office, . porated (CargIU) 111 Hammond, IndIana that are proposed for final adop~

1120 North Vincennes, Avenue, P.O. Box 128, PeterSburg, Indiana! tlon .by the b~ard. The draft rule updates Cargill's $02 emiSSIon limits for

47567-0128. ! conslst~ncy With. a federal c~nsent decree and removes emissiOns units no • Indiana Department of Environmental Management, Southeast Office, 820 Ilonger In oper,atlon at CargilL It also removes emissions units in the PM

West Sweet Street, Brownstown, Indiana 47220-9557. rules that CWgill has shut down.

-Indianapolis Central Library, 40 East SI. Clair Street, Indianapolis, Indiana I For a~ditional information co~cerning this ru.le contact Manda Clevenger.at.

46204. ~he Indiana Departm~nt of Environmental Management, Office of Alr QualHammond Public Library, 564 State Street, Hammond, Indiana 46320_ tty, Roo'!' 1003~ Indiana Government Center North, 100 North Senate Ave- _ Allen County Public Library, 900 Library Plaza, Fort Wayne, Indiana, nue, Indlanapohs at (317) 232-8229 or (800) 451-6027 (ext. 2-8229)(in Indi46802. ana),or~~_ .

• Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Outd?or Hyd.roOlc Heaters (LSA#05-332)_ The purpose of thiS: hearing is

Blvd., EvansvlHe, Indiana 47713. to rece.we pUbhc comf!lent on a new rule, 326, lAC 4-3, concerning outdoor

hydromc heaters that IS proposed for preliminary ad~ption by the board.

The draft rule adds new reqUirements for outdoor hydronic heaters to address PM2',5 emissi00s. \t ad9s new language to address emission limits

for n.ew ,:,n~ts, op.eratlng reqUIrements for existing units, modifications for

certain eXisting units,and notice requirements for sellers of the units

F?r additional information concerning this rule contact Susan Bern at the

Indiana Depart~ent of Environmental Management, Office of Air, Quality,

RO.?ffi 100,3, Indiana Government Center North, 100 North Senate Avenue, lnalanapol~s at ~317) 233-5697 or (800) 451-6027 (ext. 3~5697)(in Indiana) or Shem@,dem!Ogill{. '

For these hearings, or~l statements :-"Iii! ~e heard, but for the accuracy of

the r~rd, ~lease submit statements to wnting to the attendant designated

to receive ':Vntten comments at the public hearing.

A t:'anscnpl of the hearings and all written submissions to the board at the

oubllc hearrn.gs shall be open to public insp~etion at the Indiana Department of EnVIronmental Management; copIes may be made available to any

person upon payme.nt of reproduct!on cos~s. Any person heard or represented. at the heanng or requesttng notice shall be given written notice of

the action of the board.

. Christine Pedersen, Chief

Rule and State Implementation Plan Development Section

. . . .' Office of Air Quality Ind1Viduals requmng reasonable accommodations for participation in this

even! should contact the Indiana Department of Environmental Management, Americans with Disabilities Act coordinator at

Attn: ADA Coordinator

Indiana Department of Environmental Management

100 N. Senate Avenue

Indianapolis, IN 46204 .. or call (317). 233~178.5,. Speech and hearing impaired callers may contact

t~e agen~y. vIa the Indiana Relay Service at 1-800-743-3333. Please pro- ' Vide a minimum of 72 hours nOtificatir' 7/30 20325174 ,

(

(
Prescribed by State Board of Accounts General Form No. 99P (Rev. 20m

IDEM· Office of Air Qualitl,J

(Governmental Unit)

Clark County, Indiana

To.

THE EVENING NEWS

221 SPRING ST

JEFFERSONVILLE, IN 47130

PUBLISHER'S CLAIM

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the type in which the body of the

advertisement is set) •• number of equivalent lines

Head·· number of lines ••••••••••••.•......•••.•..••.•••••••••••••••••••••.

Body·· number of lines ••••••••••••••••••••••••••••••••••••••••••••••••••••

Tail •• number of lines •..•.•• _••••••••••••••••••••••••••••••••••••••••••.

Total number of lines in notice

342

342

COMPUTATION OF CHARGES

..l.'12.. .lines __1_ columns wide equals __342 equivalent lines at .2690

cents per line $ 92.00

Addiiional charges for·nouces·contain"ii;!rul,'-ortabulaTwork (5fi"percent·········-••••••••••••••••••

of above amount) Charge for extra proofs o{puiiiic;;iioii·($·f.O()f'ii-·eachiii-ooflnex·ce;;-···••- -••••-••••••••••••••••-.

oftwo) TOTAL AMOUI\ITOF CLAOOr···-••••••••••••••••••••••••••••••••••••••--••-•••••••-.-. $ 92.00

DATA FOR COMPUTING COST

Width of singie column in pica§ _7...p",ic",aw1wp",t~

Number of insertions 1

Size of type_7_point.

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same

has been paid.

I also certify that the ponted matter attached hereto is a true copy, of the same colunm width and type size,

which was dUly published in said paper 1 times. The dates of publication being as follows:

July 30,2010

Additionally, the statement checked below is true and correct:

---.JNewspaper does not have a Web site.

INewspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper.

Newspaper has a Web site, but due to technical problem or error, pUblic notice was posted on .

__Newpaper has a Web site but refuses to.poslthe public notice.

FEDERALID#

55-0870768

Reference Number 06524578

Date ....;...._;:===~O~9~I1~O:/~1~O~====~====,Melissa Tolnay, Legal Clerk
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Claim No. Warrant No. _

IN FAVOR OF

$,-----

ON ACCOUNT OF APPROPRIATION FOR

Appropriation No.

ALLOWED . ,

IN THE SUM OF $

t have examined the withIn claim and hereby certify as

follows:

That it is in proper form.

That it is dUly authenticated as required by law.

That it is based upon statutory authority.

correct

That it is apparently

incorrect

I certify that the within claim is true and correct; that the servw

ices there in itemized and for which charge is made were ordered

by me and were necessary to the public business
Individuals requiring rea- sonable accommodations

lor participation in this

event should contactlhe In"

idiana Department of Enviironmental Management,

iAmericans with Disabilities

I

Act coordinator at

Attn: ADA Coordinator

Indiana Department of Environmental Management

1100 N. Senate Avenue

hidianapolls, IN 46204

or call (317) 23'3~1785.

Speech and hearing imw

paired callers may contact

the agency via the Indiana

Relay Service at t -800-

743-3333. Please provide a minimum of 72 hours", noti·

ficatiOn.

CLARK COUNTY EVENING NEWS, JEFFERSONVILLE, IN

legal Notice For these hear~

of Public Hearing. menl of Environmental Quality, Room 1003, Indi- I rUle contact Amy Smith at :Ings, oral statements will be

Under 40 CFR 51.102 no· Management's Web s~e as ana Government Center the Indiana Department of I'heard, but for the accuracy'

lice is hereby given that the early as one week prior to North, 100 North Senate Environmental Mana!1e- of the record, please,sUbmlt

Indiana Air Pollution Control the meeting at Avenue, Indianapolis at ,ment, Office 01 Air Quality, statements in writing to the

Board (board) will hold pub.: hllp:llwww.ln.govljdeW471 (317) 233-5684 or (800) iRoom 1003, Indiana Gov- Iattendant designated to relic hearings at lls regularly Q...b1!I!. ,,' 451·6027 (ext. 3-S6a4)(in lernment Center North, 100 '1 ceive written comments at

scheduled meellng on The fOliowinQ rules are no- I ri'd ian a ) ,or tNorth Senate Avenue, lndi- the public hearing.

Wednesday, September 1, ticedforheanngandaction: cpederse@idemjngov. !anapolis at (317) 233-8628 . A transcrip.t of

2010. The meeting will con-· Ozone Aedesignatlons Architectural and Indus~ 'or (800) 451-6027 (ext. 2- ithe heanngs and aU wntten

vene at 1:00 p.m. at the In"1 (LSA #10"342). The pur" trial Maintenance (AIM) 8229 (in Indiana), or M: isubmlssions to the board at

diana Government Genter- pose of this hearing is to re- ;Coalings (LSA#06"604). . I min v. the public hearings shall be

South, Conference Roomiceive pUblic comment on iThe purpose 01 this hearing Cargill, Inc. Particulate open to public inspection at

C, 402 West Washington'amendments to 326 lAC 1- is to receive public com" Matler and Sulfur Dioxide the Indiana Department of

Street, Indianapolis, Indi·; 4 that is proposed 'for 'ment on a new rule, 326 Emission Limits (LSA#09~ Environmental Manage·

ana, The purpose of the"adoption by the board. lAC 8-14, concerning emis- i476). The purpose of this [ment; copies may be made

hearings is to receive public 'This d(alt rule amends the sions 01 volatile organic Ihearing is to receive public i available to any person,

comments prior to the pro- attainment status for Dear" compounds (VOCs) from Icomment on amendments !upon payment of reproduc-'

posed actions. All Interest" 'born County, Lake County architectural and Industnal to 326 lAC 6.8 and 326 lAC ilion costs. Any person

ed persons are invlted and and Porter County to attain- maintenance (AIM) coat- 7 concermng the partIculate,! heard or represented althe

will be given reasonable op- ment for the 8-hour ozone lOgS that is proposed for matter (PM) and sulfur dlox~ .ihearing o~ reque~ting notice

portunity to express their standard. iflnal adoption by the Jlde (S02) emission Ilmita- ishall be given .written notice

views concerning the pro- For additional in" !bOaYd;' The d.r~!t rule Itlons at Carg!lI, Incorporat-liroft~e.aclionOftheboa~d .

•posed actions'iormaflon concerning thIS I adds requirements for I ed (Cargill) In Hammond, ,;Chnstlne Pedersen, Chief

Copies of the draft and pro·; rule conlact Manda Cle" IVOCs from AIM coatings as! lndlal}a that are proposed iRu!e and State Implemen"

posed rules are available to,!venger at the Indiana De- part of a regional effort to: for fmal adoption by the ,tatlOn Plan Development

any person upon requeslipartment of Environmental ! control ozone. The draft: board. The. draft rule u.p· Section Office of Air Quality

and are available for public, Management, Office of Air j emission limits based on i dates Carglil's S02 emrs~ ~'H"""'''''''''''''~'H'''' inspection at the following !Quality, Room 1003, Indi· : the Ozone Transport Com- :sion limits for consistency

locations: ana Government Center mission model rule are at a with a federal consent de~

Indiana Depart-. North 100 North Senate level at which a s~bstanlial cree and removes emisment of Environmental Avenue, Indianapolis at number of coatings already slons units no longer in opManagement, Ofllce of Air (317) 232-8229 or (BOO) exist that comply with the ;erationatC~rgjl1. lta'~or~· Quality, Indiana Govern- 451-6027 (ext. 2"8229)(1n voe content limits for each' moves emiSSIons umts !n

ment Center-North, 100 Indiana), . or ,product category. Thedrafti'the PM rules that Cargrll

North Senate Avenue, 10th1mcleveng@jdem-in.gov. 1rule contains additionali.has shut down. . .

floor-East wing, lndianapo-; VOC AACT Amendments IVOC content requirements! i . For add'~lonat I~' liS, Indiana 46204, (LSA #10"413). The pur- and application standards! IformahOn concermng thiS . Legisl~tive Serv- pose of this hearing is to re~ Ifor traffiC marking coatings! 'Irule contact Ma'!da Clew

Ices Agency, IndIana Gov- ceive public ,comment on !that will be applicable dur-: venger at the In,dlana De~ ernment Center-North, 100 amendments to 326 lAC Bw ilng the ozone season (Mayi partment of EnVIronmental

North Senate Avenue, 2"1 and 326 lAC 8-2~9, con- :1 ihrough September 30). Management, Office of Air

Room N201, Indianapolis, cerning miscellaneous met- ' For additional in. Quality, Room ,1003, IndiIndiana 46204. al and plastic surface coal-: formation concerning this ana Governmen1 Center

Indiana Depart-, ing operations that are pro~' rule contact Amy Smith at North, 100 Norlh Senate

tnent of Environmental: posed for adoption by the the Indiana Department of Avenue, Ind,lanapolis at

Management, Northwest: board. This draft rule clari~ Environmental Mana~e. ,(317) 232"8229 or (80<;1)

Office, 8380 L~uisi.anai fies that surface coating 01 ment, Oll1ce of Air Quahty, 451-6027 (ext. 2-B229}(m

;Stre,et, Merrillvllle, Indlan.a, plastic parts at sources not Room 1003 Indiana Gov~ In d ian a), 0 r

46410. . . located in Lake and Porter ernment Center North, 100 mcleveng@idem.ln:aov.

Indiana Depart- county are excluded from North Senate Avenue, Indl- Outdoor Hydromc Heat~

i:nent of Environmental the applicability 01 this rule. anapohs at \317) 233-8628 I rers (LSA#05"332). The

ty1anagement, Northern Of-, For additional in- or (800) 45 -6027 (ext 2- I I purpose of this hearmg IS to

fice, Suite 450, 300 N. formation concerning this i 8229)(m Indiana) or M-' receive publiC comment on Michigan. Street, South nJie contact Susan Bem at 1 mllh@!dem In gov ' -' a new rule, 326 lAC 4-3,

Bend,lndlana 46601. the Indiana Department of 1 Consumer and Commer~ concermng outdoor hydron"

Indiana Depart~ Environmental Manage~! clal Products (LSA#07~ Ic heaters that is proposed

!!lent 01 Environmental ment, Office of ~ir Quality,\ 351)_ The purpose of this ;for preliminary adoption

Management, Southwest Room 1003, Indiana Gov-' I hearing is to receive public: by the board. The draft rule

Office, 1120 North Vine· ernment Center North, 100: comment on a new rule adds new requirements lor

ennes Avenue, P.O..Bol< North ~enate Avenue, Indi~ 1 326 lAC 8"15, concerning outdoor hydronic heaters to

128, Petersburg, Indiana anapohs at (317) 233·5697 emissions of volatile organ" address PM2,5 emiSSions.

47567-0128. . or (800) 451"60.27 (ext. 3- i,c compounds Irom con. It addS new language to ad~

Indiana Depart- 5697){m Indiana), or sumer and commercial dress emission limits for

ment of Environmental ~demin.gov. products that is proposed new units. operating re~ Management, Southeast Best Available Retrofit for flnal adoption by the quirements lor existing

Office, 820 West Swe~t Technology (BART) Llm~ boa.rd, The draft rule adds units, modifications for cer"

Street, Brownstown, Indl" its {LSAlf09-498}. The pur" requirements lor volatile or- tain existing units and no" ana 47220-9557. pose of this hearIng is to re- ganic compounds (VOCs); tice requirements for sellers i . Indianapolis celve public comment on a from consumer and com~ ot the units. . Ce'!tralllbrary,49 East %1. new rUI~, 326 lAC ~6.2, mercial products as part ofi For additional in"

Clair Street, Indranapohs, concernmg best available a regional effort to control formation concerning this

Indiana 46204. retrofit technology emission ozone. The draft rUle,l rUle contact Susan Bern at

Hammond Pub- limits that is proposed for based on the Ozone Trans-i the Indiana Department of:

lic Library, 564.State Street, preliminary adoption by port Commission mode( Environmental Manage-]

Hammond, IndIana 46320. . the board. The draft rule rule, establishes VOC con-\ ment, Office of Air Quality,:,

'. . . Allen C9unty: adds emission'lif!lits for AI- lent limits lor speCifiC con" Room 1003, Indiana Gov-'

Public Library, 900 Llb,rary coa, Inc. in Warnck County sumer and commercial ernment Center North, 100

Plaza, Fort Wayne, Indiana to .address the BART re" products that manufactur- North Senate Avenue, Indi~ 46802. qUlrements under the Re" ers are required to meet el" anapolis a.t {317} 233-5697

Evansville Van·: glonal Haze rule. .. . ther through refo.rmulating or (800) 451 "6027 (ext. 3-

d,erbu'rgh Public Library, . Foraddl~lonall~- productsorsubstitu!ion,with 56:97)(ln Indiana); or

200 SE Martin Luther King formatmn concerf!!Og thIS :compliant products. sbem@idem.jo,g,ov.· Jr:' Blvd., .Evansville, Indi- rule contact Christine Ped-: For additIonal In.

an:a'.47713. . ersen al the Indiana De-:formation concerning this

Board documents may be parlment of Environmenta.H

yi.ewed and downloaded Management Office of Air

from the Indiana Depart~
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BEFORE THE STATE OF INDIANA

AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF JUNE 2, 2010

ORIGINAL

PROCEEDINGS

before the Indiana Air Pollution Control Board,

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11 Dr. James Miner, Chairman, taken before me,

12 Lindy L. Meyer, Jr., a Notary Public in and for

13 the State of Indiana, County of Shelby, at

14 Columbus East High School Auditorium, 230 South

15 Marr Road, Columbus, Indiana, on Wednesday,

16 June 2, 2010 at 4:13 o'clock p.m.

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23

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

ACCURATE REPORTING OF INDIANA

12922 Brighton Avenue

Carmel, Indiana 46032

(317) 848-0088
APPEARANCES:

BOARD MEMBERS:

Dr. James Miner, M.D.

Thomas Anderson

Randy Staley

Gregory Kissel

Chris Horn

Dr. Phil Stevens

Jeffery Quyle

David Benshoof

Howard W. Cundiff, Proxy, State Board of

Health

John Bacone, Proxy, Department of

Natural Resources

Pamela Fisher, Proxy, Indiana Economic

Development Corporation

IDEM STAFF MEMBERS:

Thomas W. Easterly, IDEM Commissioner

Keith Baugues, Asst. Commissioner

Scott Deloney

Chris Pedersen

Manda Clevenger

Amy Smith

Cynthia Holladay

Susan Bern

Ann Long

Catherine Mitchell

PUBLIC SPEAKERS:

Paul Berebitsky

David C. Ragan

Mark Kessler

Jimmy W. Bates

Frank L. Moore

Patty Nocek

Ron Phillips

Deborah Chubb

Paul Hoopengarner

Mark Johns

Tom Moosbrugger

Greg Walker

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PUBLIC SPEAKERS (CONT.)

Lisa Deaton

Jerry Clark

Roy Burton

David Miller (his wife)

Jodi Perras

Roger Hunter

Janet Gunter

Edwin A. Moll

Diane Titus

Dan Hasty

Blaine Boyland

Dan West

Zach Morris

Gary Kendrick

Brian Hoagland

Steve Musgrave

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Mr. Bacone?

Mr. Anderson?

MR. BACONE: Aye.

CHAIRMAN MINER: Mr. Bacone votes

DR. STEVENS: Yes.

CHAIRMAN MINER: Dr. Stevens votes

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Mr. Quyle votes yes.

MR. ANDERSON: Aye.

CHAIRMAN MINER: Mr. Anderson votes

CHAIRMAN MINER:

Dr. Stevens?

yes.

yes.

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13 yes, and I vote yes as well. The motion is

14 adopted unanimously.

15 The next item on our agenda is a public

16 hearing before the Air Pollution Control Board of

17 the State of Indiana regarding preliminary

18 adoption of new Rules 326 lAC 8-14, Architectural

19 and Industrial Maintenance Coatings.

20 I will now introduce -- thank you,

21 Chris Exhibit No.4, the draft rule, into the

22 hearing.

23 IS there someone from the Department who

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wishes to speak to this rule?

MR. DELONEY: Amy Smith. We have

someone other than Manda that's been busy the

past few months.

Smith, and I'm a rule writer in IDEM's Rule and

SIP Development Section.

In this rulemaking, IDEM proposes to add a

new rule to the Article 8 VOC rules at

326 lAC 8-14 concerning Architectural and

Industrial Maintenance Coatings, also known as

AIM Coatings.

This rulemaking is a larger part of VOC

control rules that Indiana has agreed to complete

based on recommendations from the Lake Michigan

Air Directors Consortium to its member states to

reduce VOC emissions and ozone formation in the

Upper Midwest and the Eastern United States.

AIM coatings are used to beautify and

protect homes, office buildings, factories,

pavements, curbs and their appurtenances on a

variety of surfaces such as metal, wood, plastics

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CHAIRMAN MINER:

MS. SMITH: Hi.

Ms. Smith?

My name is Amy
1 and concrete.

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These coatings are applied to both

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2 the interior and exterior. AIM coatings may be

3 applied by brush, roller or spray gun by

4 consumers, painting contractors or maintenance

5 personnel.

6 AIM coatings include over 50 subcategories

7 such as interior and exterior paints, traffic

8 markings, sign paints and industrial maintenance

9 coatings. VOC emissions result from the

10 evaporation of solvents in the coatings during

11 application and drying.

12 The Federal Government currently regulates (

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13 VOC's from AIM coatings at 40 CFR 59, Subpart D,

14 which went into effect in September of 1999. The

15 federal rule limits the VOC content of AIM

16 coatings manufactured for sale or distribution in

17 the United States, imposes container labeling,

18 record keeping, and reporting requirements on

19 manufacturers or importers of AIM coatings.

20 The federal AIM coatings rule was

21 estimated to yield VOC reductions of 20 percent

22 from the previously uncontrolled levels.

23 However, advances in technology since 1999 have

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1 made lower VOC content limits in AIM coatings

2 feasible, while maintaining levels of performance

3 and durability similar to coatings with higher

4 VOC concentration levels.

5 Indiana's draft rule is based on the Ozone

6 Transport Commission's (OTC) 2001 model rule

7 supplemented by regulation of the VOC content in

model rule includes VOC content limits for more

AIM coatings categories than the current federal

rule.

traffic marking coatings consistent with

Wisconsin's traffic markings VOC rule.

The OTC is a multistate organization

created under the Clean Air Act that is

responsible for developing regional solutions to

the ground level ozone problem in the Northeast

The draft rule applies to any person who

supplies, sells or manufactures any AIM coating

for use within Indiana, and any person who

applies or solicits the application of any AIM

coating. The rule includes VOC content limits

for approximately 55 categories of AIM coatings,

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and Mid-Atlantic regions of the U.S. The OTC
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1 some of which are currently regulated by the

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2 existing federal rule. However, the OTC model

3 rule generally lowers the VOC content limits for

4 those categories of AIM coatings. The draft rule

5 also includes container labeling requirements,

6 record keeping and reporting requirements, and

7 compliance and test methods.

8 In order to ease implementation, the rule

9 has a three-year sell-through provision that

10 allows distributors and retailers to sell

11 products manufactured before the rule's effective

12 date. Additionally, coatings manufactured before (

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13 the rule's effective date may be applied at any

14 time so long as the coating complied with the

15 standards in effect at the time the coating was

16 manufactured.

17 Finally, LADCO recommended, in conjunction

18 with the OTC model rule, implementation of the

19 Wisconsin rule limiting the VOC content of

20 traffic markings. Indiana's draft rule includes

21 application standards and a lower VOC content

22 limit for traffic marking coatings applicable

23 during the ozone season specified in the rule as

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1 May 1st through September 30th.

2 IDEM has received comments specific to

3 this portion of the draft rule during the Second

4 Notice of Comment Period and, most recently,

5 after the preparation and distribution of the

6 Board packet. The department is taking these

7 comments under consideration prior to final

8 adoption of this rule.

9 Although the draft rule is substantively

10 based on the GTC model rule, Indiana has opted

11 not to include the following provisions from the

12 GTC model rule: A petition provision for

13 industrial maintenance coatings; and the annual

14 submission of reports for manufacturers of clear

15 brushing lacquers, rust preventative coatings,

16 specialty primers, sealers, undercoaters, toxic

17 exempt compounds, recycled coatings, and

18 bituminous coatings.

19 IDEM modified the GTC's language requiring

20 annual reports of sales of these types of

21 products so that all manufacturers, as part of

22 their record creeping requirements, shall

23 maintain their sales information for Indiana and
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shall only submit that information upon the

Department's request.

The VOC content limits and requirements of

the OTC model rule have been in force in

California and the majority of OTC states

including Delaware, District of Columbia, Maine,

Maryland, Massachusetts, New Hampshire,

New Jersey, New York, Pennsylvania, Rhode Island

and Virginia since 2005. Furthermore, Ohio and

Illinois have effective AIMS coatings rules based

on the OTC model rule.

Indiana, as a participant in LADCO, has

agreed to regulate VOC emissions from source

categories that it has not previously regulated

in order to reduce its contribution to regional

ozone formation. The reductions in VOC's

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17 expected from this rulemaking are part of the

18 Department's state implementation development

19 process.

20 Therefore, the Department requests that

21 the Board adopt the new rule concerning AIM

22 coatings to the Article 8 VOC rules at

23 326 lAC 8-14.

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Smith.

I have one card in regards to this.

Mr. Berebitsky?

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Ms.

CHAIRMAN MINER: Thank you,

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5 MR. BEREBITSKY: I have copies of my

6 comments that I'll pass around here.

7 Thank you. I'm Paul Berebitsky. I'm a

8 staff member with the Indiana Construction

9 Association.

10 rCA is a statewide trade association of

11 building, heavy highway and utility contractors,

12 and we offer the following comments in regard to

13 the proposed changes in this document.

14 While today's comments focus on traffic

15 marking paint and epoxy penetrating sealer, we

16 continue to research the potential impact of this

17 proposal on other coatings used in the

18 construction industry. We are particularly

19 interested in availability, quality of products

20 that comply with the proposed VOC limits, and

21 costs. We may have information relative to other

22 products when the proposal reaches the next step

23 in the rulemaking process.
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1 For now, we have four concerns with the

2 proposal at it pertains to traffic markings.

3 First, we recommend that the ozone season limit

4 be increased from 91 grams per liter to 105.

5 This would allow a broader range of products to

6 be used, with the resulting added competition

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7 helping to control costs. Even at 105 grams per

8 liter, the limit would be well below the

9 allowable threshold for most of the other

10 products that are covered in this rulemaking.

11 Second, while products satisfying the

12 150-grams-per-liter content limit would be (

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13 suitable for some of the fall and spring season,

14 outside of the ozone season, where temperature

15 and humidity levels can greatly impact product

16 performance, rCA believes products that are

17 currently allowed under the u.s. EPA regulation

18 should be allowed during a limited three-to-four19 week window during the late fall.

20 The placement of traffic markings, whether

21 they be permanent markings or temporary markings,

22 is one of the f~nal operations that occurs during

23 the highway construction season. If other work

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1 is postponed for any number of valid reasons, the

2 placement of traffic markings may need to occur

3 during less-than-suitable climatic conditions.

4 Yet it is imperative that secure markings be

5 placed for the safety of motorists.

6 Now, these changes that ICI -- ICA

7 recommends would still limit VOC emissions, but

8 without jeopardizing highway safety.

9 The third concern with the proposal as it

10 affects traffic marking materials is in regard to

11 the record keeping requirements for users of

12 these materials. For other materials covered by

13 this proposal, the record keeping requirements,

14 at least as I understand it, apply only to the

15 product manufacturer.

16 ICA doesn't think there is any

17 justification for treating traffic marking

18 materials differently. Furthermore, the proposal

19 you are considering today requires those records

20 to be maintained for five years. This is two

21 years -- two additional years compared to the

22 additional Second Notice of Comment Period

23 version that was published back in October
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1 of 2008.

2 Our fourth and final concern regarding the

3 impact the proposal will have on traffic marking

4 materials pertains to the Section 7 provisions

5 that make the ozone season limitation effective

although we've not been able to verify, that none

of the products approved for use by the Indiana

Department of Transportation comply with the

proposed rule were pushed back one year as a

result of the several changes and delays in the

public hearing, the date in Section 7 has not

been revised.

The wording in this section also appears

to nullify for traffic markings the sell-through

provisions in Section 3(d) that allow materials

manufactured before the effective date of this

rule to be sold and used for an extended period

of time.

Our other area of concern pertains to

epoxy-penetrating sealer, which is product used

to protect concrete bridge decks.

While most other effective dates in the

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We believe,

proposed voe limits. While products with lower

6 in 2011.

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1 VOC limits are available in the market, INDOT

2 requires the contractors use only those products

3 on its approved list.

4 Unless INDOT were to find that the other

5 products are acceptable, adoption of this rule

6 would put contractors in a Catch 22 situation of

7 not being able to use the INDOT-acceptable

8 products because of their VOC content, but not

9 being able to use the other products due to lack

10 of acceptability to INDOT. We also understand

11 that contractors would have to invest in new

12 equipment to use some of the thicker and lower

13 VOC products because those products could not be

14 sprayed using existing equipment, so there would

15 be a cost impact.

16 So, I appreciate the opportunity to

17 present our concerns to the Board. I would be

18 happy to try to address any questions you may

19 have.

20 CHAIRMAN MINER: Are there any

21 questions for Paul at this time?

22 MR. BENSHOOF: Yes.

2~ CHAIRMAN MINER: Yes, David.
concluded.

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MR. BENSHOOF: Changing from 91 grams

per liter to 105, you state that would allow a

broader range of products to be used. What

give us an example of how that would --

MR. BEREBITSKY: That's based on

discussions I had with a paint manufacturer who

indicated that they have a product out there that

comes in at around 105, so if you drop the 91,

that product could not be used during the ozone

season.

CHAIRMAN MINER: Any other questions

for Mr. Berebitsky?

(No response.)

CHAIRMAN MINER: Thank you, Paul.

MR. BEREBITSKY: Thank you.

CHAIRMAN MINER: I have no other

cards at this time. Is there anyone else in the

audience who wishes to speak at this time?

(No response.)

CHAIRMAN MINER: This hearing is now

We are ready for Board action on

preliminary adoption of new rule 326 lAC 8-14,

Architectural and Industrial Maintenance, also

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MS. PEDERSEN: Dr. Miner?

CHAIRMAN MINER: Yes.

CHAIRMAN MINER: Yes.

MR. BENSHOOF: These numbers that are

where do

Okay. Well, my

I have a question.

I do have a question

If we changed it from

MR. BENSHOOF:

AUDIENCE MEMBER:

CHAIRMAN MINER: No.

AUDIENCE MEMBER:

AUDIENCE MEMBER: Thank you.

CHAIRMAN MINER: No problem.

CHAIRMAN MINER: All right.

comments will be tabled.

effect right now that -- do they have anything to

Is there anything in rules that's going into

in here, obviously this is -- this is driven by

known as AIM, Coatings.

of IDEM, if I could ask.

these numbers come from?

was changed to 105?

91 to 105, what impact does that have on the rest

do with the hydronic heaters in any way?

the states around us and the whole

of this number and can we proceed if that number

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1 MR. DELONEY: Are you referring to

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2 the fiscal impact analysis?

3 MR. BENSHOOF: No, I'm referring

4 to -- we have a list of numbers in compliance on

5 page 11.

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MR. DELONEY:

MR. BENSHOOF:

Okay.

It says, "Compliance

8 with the VOC content limits shall not exceed the

9 following limits," and what he's requesting is it

10 be moved from 91 to 105 on the limit per grams

11 per liter, and what I'm trying to decide here is:

12 What kind of impact does that have if it gives (

,

13 them much greater ability to use -- you know, I

14 mean there's a lot of construction going on, a

15 lot of road construction going on, and there's

16 going to be a lot more road construction going on

17 iR the State of Indiana.

18 And is this going to be a very

19 negligible and also, I think the key point

20 here is the safety of being able to get these

21 I mean I drive 465 every day from 69 to Meridian

22 Street, and there's not markings put down in

23 there timely all of the time, and redone so you

(
54

1 can see them.

2 What's one or two -- I mean the wrecks

3 that's gone on, what's one or two lives versus

4 the impact? So, I guess the question that I have

First off, you know, the point that was made is,

is: If we change this from 91 to 105 and gave

them so much broader use of materials, what im

could we continue to move forward with

preliminarily adopting this rule, or does that

send you back to the drawing board?

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MR. DELONEY: No. A few things.

12 is is that the availability of the products -- a

13 greater range of products would be available at

14 105 versus 91, and the products meeting

15 requirements in 91 are also available, but there

16 are a limited number of vendors that can supply

17 them.

18 And what I think his point is, is is that

19 this would increase the availability of products

20 available for use. What we have not done to this

21 date is look at what impact would that be in

22 terms of -- we have looked at cost/benefit from

23 total tons of VOC produced statewide, and that's
55

(

to date as well.

revision, but we have looked at the emissions

what's been factored into the chemical modeling

associated with the rulemaking.

(

Well, I think that, you

But these are

MR. DELONEY:

MR. CUNDIFF:

But as Amy had mentioned, these are

I think that it is very safe to say that

We have not looked at making this one

by the other state as well; am I wrong?

portion of our rule is not part of the OTC model

inventory and the overall benefit associated with

traffic markings -- the traffic marking coatings

if we were to make these changes prior to final

rule, the ozone; okay?

presentation that's worth clarifying, is that the

recommended numbers, recommended by this Great

comments that we have received prior to today's

this.

adoption, that it would be logical outgrowth

with regard to finalizing the rule.

Lakes States Consortium, and are being looked at

know, that's something else associated with Amy's

'meeting and are still taking into consideration

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1 COMM. EASTERLY: LADCO.

2 MR. DELONEY: But it was a

3 recommendation made by the Lake Michigan Air

4 Directors Consortium.

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MR. CUNDIFF:

MR. DELONEY:

Okay.

And it's based on the

7 Wisconsin model rule.

MR. BACONE: Mr. Chairman?

CHAIRMAN MINER: Yes, John.

MR. BACONE: So, these comments and

the comments submitted by Lilly, you will be

considering' those as you continue to grow the

rule?

MR. DELONEY: Yes.

MR. BACONE: So, specifically we'll

get your comments on everyone of these

suggestions at this time?

MR. DELONEY: That's correct.

COMM. EASTERLY: Yes, we'll consider

those before presenting the rule for final

adoption, but the part I want to come back to is

we don't know where EPA's ozone standards are

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1 lower than the 0.75 that we don't meet right now.

2 We're just finally met the 0.85, and that's the

3 redesignation that we have today.

4 So, we're going to need emissions

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reductions. If we don't get them here in the

place that we know we can get them, we're going

to have to get them some place that we don't know

how to do yet, so we're going to be conservative,

you know, and. we can tell you the impacts, but

unless the product really doesn't exist, we're

going to be hard pressed to say, "Well, let's

give up that right now and look for something

else."

CHAIRMAN MINER: Yes.

MR. BENSHOOF: Mr. Chairman, I would

(

16 like to make an amendment to this preliminarily

17 adopted rule, if we're going to act on it, that

18 we change the number from 91 to 105.

19 CHAIRMAN MINER: I have a motion on

20 the floor for amending the presented preliminary

21 rule. .Is there a second to Mr. Benshoof's

22 motion?

23 (No response.)

(
58

Mr. Benshoof, so your motion dies.

Any

No second,

Can I make a comment,

CHAIRMAN MINER:

MR. BENSHOOF:

too, to that?

CHAIRMAN MINER: Sure.

MR. BENSHOOF: I think we need to be

very careful, especially as we look at -- I mean

highway safety has got to be a priority to us,

and to be putting these contractors out there,

limiting their vendors' ability of product they

get, which increases their costs, which increase

can cause a whole snowball effect, I don't think

this 91 figure -- I don't know about the rest of

them, but in particular when we're dealing with

highway traffic and markings and how important

that is, I would like to see some good reason why

91 is the number and not 105 when you're

restricted in the amount of products available

for use.

And if it's because we're driven by

meeting some ozone standard that we may have to

deal with to pick up somewhere else and we're

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1 jeopardizing lives out on the road to do it

2 because of good markings, I've got a problem with

(

3 that. I mean there's a hierarchy of

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5 Dave.

COMM. EASTERLY: They're available,

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MR. BENSHOOF: I realize

COMM. EASTERLY: They're available.

8 There's just not enough manufacturers that --

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10

MR. BENSHOOF: But they're limited.

COMM. EASTERLY: have an interest

11 in making sure that his marking is also safe.

12 MR. BENSHOOF: Right, but they're (

,

13 limited, and I think you haven't come and shown

14 that 91 is going to produce that much more

15 reduction in ozone than the 105.

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17 less.

COMM. EASTERLY: It's 15 percent

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19 what I hear.

MR. BENSHOOF: All right. That's

20 CHAIRMAN MINER: I certainly think

21 that there are -- there will be good efforts on

22 the part of the Department to listen to all of

23 these comments and make reasonable decisions

(
60

1 going forward in a logical fashion, and I

2 certainly don't think that their intent in any

3 way is to jeopardize anybody's safety.

4 Any further comments or questions in this

5 regard at this time?

6 Yes.

7 MR. QUYLE: May I just make one

8 comment?

9 CHAIRMAN MINER:

10 MR. QUYLE:

Yes.

I know, I mean serving

11 two terms as the Commissioner, that the .second

12 point the gentleman raised about how late in the

13 season markings are put down on pavement is a

14 consideration. I know that we have -- when we

15 put county roads in, we sometimes put paint down

raised, I'd like the staff to please take a look

at that and see if there's an opportunity there.

CHAIRMAN MINER: Very good.

Any other comments or questions?

(No response. )

CHAIRMAN MINER: All right. I would

16 before the season closes. So, the second point

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23 entertain a motion at this time for preliminary
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adoption of the draft rule.

MR. QUYLE: SO moved.

CHAIRMAN MINER: I have a motion from

Mr. Quyle.

DR. STEVENS: Second.

CHAIRMAN MINER: A second from

Dr. Stevens.

Any further discussion?

(No response.)

CHAIRMAN MINER: All those in favor,

signify by saying aye.

MR. HORN: Aye.

MR. BACONE: Aye.

MR. ANDERSON: Aye.

MR. BENSHOOF: Aye.

MS . FISHER: Aye.

MR. CUNDIFF: Aye.

MR. QUYLE: Aye.

MR. KISSEL: Aye.

DR. STEVENS: Aye.

MR. STALEY: Aye.

CHAIRMAN MINER: Aye.

Opposed?

(

\

(

(
62

(No response.)

Ms. Smith?

The motion carries

Amy Smith.

Again, my name's Amy

MR. DELONEY:

MS. SMITH:

CHAIRMAN MINER:

CHAIRMAN MINER:

for preliminary adoption.

The next item on the agenda is a public

hearing before the Air Pollution Control Board of

the State of Indiana regarding preliminary

adoption of new rule 326 lAC 8-15, Consumer and

commercial products.

We will now introduce Exhibit No. 5 --

thank you, Chris -- the draft rule, into the

record of the hearing.

Is there someone from the Department who

wishes to speak in regards to this rule?

Smith, and I'm a rule writer in IDEM's Rule and

SIP Development Section.

In this rulemaking, IDEM proposes to add a

new rule to the Article 8 VOC Rules at

326 lAC 8-15 concerning consumer and commercial

products.

This rulemaking, along with the AIM

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{
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(

CERTIFICATE

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

My Commission expires October 27, 2016.

(

(

. Meyer,

for the State of Indiana.

Notary Public in and

Lindy

transcribed by me.

hereby certify that the foregoing is a true and

City of Shelbyville, Shelby County, Indiana, do

correct transcript of the proceedings taken by me

Court Reporter and Notary Public residing in the

on Wednesday, June 2, 2010 in this matter and

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1

BEFORE THE STATE OF INDIANA

AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF SEPTEMBER 1, 2010

ORIGINAL

PROCEEDINGS

before the Indiana Air Pollution Control Board,

Thomas Anderson, Chairman, taken before me,

Lindy L. Meyer, Jr., a Notary Public in and for

the State of Indiana, County of Shelby, at the

Indiana Government Center South, Conference

Center, Room C, 402 West Washington Street,

Indianapolis, Indiana, on Wednesday, September 1,

2010 at 1:02 o'clock p.m.

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

ACCURATE REPORTING OF INDIANA

12922 Brighton Avenue

Carmel, Indiana 46032

(317) 848-0088
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, ..,i

APPEARANCES:

BOARD MEMBERS:

Thomas Anderson, Chairman

David Benshoof

Randy Staley

Gregory Kissel

Chris Horn

Dr. Phil Stevens

Jeffery L. Quyle

Howard W. Cundiff, Proxy, State Board of

Health

John Bacone, Proxy, Department of

Natural Resources

Brandon Seitz, Proxy, Lieutenant

Governor

Pamela Fisher, Proxy, Indiana Economic

Development Corporation

IDEM STAFF MEMBERS:

Thomas W. Easterly, IDEM Commissioner

Keith Baugues, Asst. Commissioner

Scott Deloney

Chris Pedersen

Manda Clevenger

Susan Bem

Amy Smith

Catherine Mitchell

PUBLIC SPEAKERS:

Paul Berebitsky

Jodi Perras

Frank Moore

James Donnelly

Chris M. Holt

2

(

(

,

(
42

1 carries and the rule is preliminarily adopted.

2 Okay. We are at E.5. (a). This is a

3 public hearing before the Air Pollution Control

4 Board of the State of Indiana regarding final

5 adoption of a new rule, 326 IAC 8-14,

6 Architectural and Industrial Maintenance, AIM,

7 Coatings, LSA No. 06-604.

8 I will now introduce Exhibit 5, the

9 proposed rule as preliminarily adopted with

10 IDEM's suggested changes incorporated, into the

11 record of the hearing.

12 Is there anyone from the Department who

13 would like to comment on the rule?

14 MR. DELONEY: Amy Smith.

15 MS. SMITH: Hi. I'm Amy Smith, and

16 I'm a rule writer with the Office of Air Quality,

17 Rules SIP Development section.

18 In this rulemaking, IDEM proposes to add a

19 new rule to the Article 8 VOC rules at

20 326 IAC 8-14 concerning emissions of volatile

21 organic compounds from Architectural and

22 Industrial Maintenance Coatings. The proposed

23 rule was preliminarily adopted on June 2nd, 2010.
43

1 Following preliminary adoption IDEM made

2 the modeling amendments to the proposed rule:

3 IDEM amended the implementation date of the rule

4 from January 1st, 2011 to October 1st, 2011.

5 This revised implementation date will ensure that

6 regulated sources have adequate time to comply

7 with the new requirements. For consistency,

8 additional dates affecting sell-through

9 provisions were amended based on the new

(

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19

October 1st, 2011 implementation date.

IDEM amended 326 lAC 8-14-3(b) to clarify

and correct rule language. The conversion factor

in the proposed rule, found at the end of the

table listing the VOC content limits, was for

pounds per gallon to grams per liter. However,

the metric units provided in the table are for

the primary limits.

Therefore, IDEM amended the conversion

factor by reversing it to provide the conversion

(

20 from grams per liter to pounds per gallon.

21 Because IDEM used a more specific conversion

22 factor than was used in the proposed rule, the

23 converted English units had to be amended to

(
44

1 account for the appropriate number of significant

2 figures.

3 Additionally, at the first public hearing

4 the Board received public comments on the draft

5 rule language. The following is a summary of

6 IDEM's subsequent amendments to the proposed rule

7 based on comments received during the first

8 public hearing.

9 First, the Indiana Construction

10 Association, ICA, recommended that the ozone

11 season of May 1st to September 30th VOC content

12 limit for traffic marking coatings be increased

13 from 91 grams per liter to 105 grams per liter.

14 Using information provided by the Indiana

15 Department of Transportation, IDEM determined

16 that the increase in area source emissions

17 resulting from this amendment would be

18 negligible. Per ICA's request, IDEM increased

19 the ozone season VOC content limit for traffic

20 marking coatings under 326 lAC 8-14-3(b) to 105

21 grams per liter.

22 Second, ICA requested that IDEM amend the

23 record-keeping requirements from five years to

.
45

(

1 three years. The Wisconsin traffic marking rule

2 on which the rule language for traffic marking

3 materials was based -- excuse me -- requires

4 records to be maintained for a period of three

5 years.

6 IDEM amended the record-keeping

7 requirements for traffic marking coatings under

8 326 lAC 8-14-7(c) to be consistent with the

9 language in Wisconsin's traffic marking rule, and

10 required records for traffic marking materials to

11 be maintained for a period of three years instead

12 of five. (

,

13 Finally, ICA noted that the draft rule

14 language at 326 lAC 8-14-7(a) appeared to nullify

15 for traffic marking coatings the sell-through

16 provisions in Section 3(d) of the rule that

17 allows materials manufactured before the

18 implementation date of the rule to be sold and

19 used for an extended period of time.

20 IDEM amended the proposed rule language at

21 326 lAC 8-14-7(a) to ensure that sell-through

22 provisions for AIM coating in 326 lAC 8-14-3(d)

23 also applies to traffic marking coatings.

(
46

1 IDEM requests that the Board final adopt

2 the proposed rule with IDEM's suggested changes

3 incorporated concerning AIM coatings.

4 CHAIRMAN ANDERSON: Thank you.

5 Are there any questions?

6 MR. QUYLE: Just one quick question.

7 CHAIRMAN ANDERSON: Sure, uh-huh.

8 MR. QUYLE: Amy, I know contractors

9 have also raised the issue of trying to have a

10 little extra time in the fall season for

11 application. Could you address that, please.

12 MS. SMITH: Yeah.

13 MR. QUYLE: I did read what we had in

14 the comments, and I --

15 MS. SMITH: Okay. ICA did request, I

16 think it was, a four-week window towards the end

17 of the late fall to apply traffic marking

18 materials that have a higher VOC content limit

19 than would currently be allowed under the new

20 rule, and our response, or the agency's response,

21 was that when the OTC model rule -- I should go

22 back.

23 Under the federal rule, there is a
47

1 subsection for zone marking coatings that has a

2 higher VOC content limit, but the OTC model rule

3 subsumed that definition of zone marking coatings

4 and included that all into traffic marking

5 coatings, so they all fell under the lower VOC

6 content limit. So, we went with the OTC model

7 rule language and applied an across-the-board

8 limit instead of having that exception for the

9 zone marking coatings.

(

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MR. QUYLE: As I said at the previous

meeting, having been a county commissioner for a

coupe of terms, I know sometimes they just can't

get the asphalt down until late because the

bigger jobs take away contractors that smaller

(

15 communities need to use, and so we consequently

16 can't get the stripping down until later.

17 Is it possible to still get that language

18 put in there? I guess that's a Board decision to

19 make at this point, and it wouldn't cause us to

20 run afoul of the Feds or anything if we were to

21 do it with a slightly longer period?

22 MS. SMITH: Well, currently Indiana

23 operates under the federal rule, so yes, you

(
48

(No response.)

CHAIRMAN ANDERSON: Thank you.

MR. BENSHOOF: Well, what happens

I guess the question is: What happens if you

don't maintain consistency? We do a lot of

MR. QUYLE: That's--

MR. BENSHOOF: -- there's potentially

a real need here that is being brought forward by

somebody who has lived through this on the

ability of getting traffic markings down, and I

brought up the fact last time that -- I mean I

know how difficult it is, especially with, you

know, in Indiana you can apply the zone markings

as long as they comply with the federal rule.

So, yeah, I mean we could put that in our rule,

but, again, it would be inconsistent with the OTC

model rule, and our -- the Department's primary

goal was to maintain that consistency.

MR. QUYLE: I appreciate it.

CHAIRMAN ANDERSON: Are there any

other questions?

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things that aren't consistent.

real --

I mean there's a
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know, construction zones and other things when

you're putting markings down, how critically

important these things are.

And, you know, what type of -- you know,

when you're talking net value to what you're

trying to accomplish here, it's more important to

have good markings put on the road than it is,

you know, to have a few more VOC's go up in the

air, when it comes down to the severity of

safety. I mean that's what you've got to go back

and look at, public safety. What's going on

here? If you can't put markings down --

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13 MR. DELONEY: If I could just add one

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14 thing to Amy's comments, another consideration

15 that was given is, is that as we get moving

16 between summer and fall, towards the end of

17 construction season, both the low VOC and the

18 high VOC markings are available for use, so it's

19 not a matter of the materials not being available

20 in order to get the striping down.

21 The one situation that we have is, is that

22 our ozone season is getting longer, and last year

23 the Federal Government had proposed to extend

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coatings themselves would function the same

Indiana's ozone season by starting it a month

earlier and extending it a month later, and in

conjunction with what EPA has proposed for yet a

new -- another ozone standard, which would be

revising the 2008 version, if that standard is

reduced to 60 or 65 parts per billion, we expect

our ozone season to go through the month of

November.

So, when we are looking at VOc reductions

in conjunction with ozone control plans, we are

looking at a different time of the year as

opposed to the traditional May through September.

MR. BENSHOOF: What's the

feasibility? I mean when you're talking about

November having ozone season, I mean temperatures

are different, the sun's different. I mean, you

know, the whole -- I mean I guess we're dealing

on a very unknown if we would even run into any

kind of compliance issues with that, but, you

know, you're getting pretty late in the year

for --

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MR. DELONEY: Uh-huh. But the
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1 whether applied in October or November as --

2 whether they were applied in July or August.

3 Availability of the coatings at that time of the

4 year for application isn't the concern, I mean as

5 far as, you know, being able to apply for safety

6 purposes, that wouldn't be the concern.

7 It would just be the cost difference

8 between which product needs to be used during

9 that time of the year. In most cases, if you

10 intend to apply the coatings during the month of

11 September, you would have already purchased the

12 lower VOC content for that application, even if

13 you end up applyin~ that application towards the

14 end of the construction season as opposed to

15 before the end.

16 CHAIRMAN ANDERSON: Are there other

17 questions for the Department?

18 (No response.)

19 CHAIRMAN ANDERSON: I do have a

20 card -- if there are no further questions, I do

21 have a card from Mr. Paul Berebitsky.

22 MR. BEREBITSKY: Berebitsky.

23 CHAIRMAN ANDERSON: Berebitsky?

(
statement I'll be reading here.

CHAIRMAN ANDERSON: And if you could

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Thank you.

MR. BEREBITSKY:

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I have copies of my

5 state your name and position for the record.

6 MR. BEREBITSKY: I'm Paul Berebitsky,

7 and I'm the authorized spokesperson for the

8 Indiana Construction Association, which is a

9 statewide trade association of building, highway,

10 heavy and utility contractors.

11 And we appreciate the changes that were

12 made to the proposed rule in response to comments

13 that ICA offered at the earlier public hearing on

14 June 2nd in Columbus. ICA also recognizes the

15 importance of attaining the ozone air quality

16 standards.

17 However, ICA still has two concerns with

18 the proposal as it impacts traffic marking

19 materials. Even though other states already have

20 150-grams-per-liter limit for the nonozone

21 period, which runs October 1 through April 30th,

22 we still see the potential for difficulties in

23 getting markings applied late in the year, when
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1 contractors are scrambling to complete projects

2 before winter.

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If these concern about potential problems

become reality after this rule is -- becomes

effective, we hope the Board and the Department

will be open to considering alternatives at that

time.

The other concern pertains to the

record-keeping requirements in Section 7 for

companies that apply traffic markings. While the

construction industry very much appreciates the

changes to the section that clarified that the

sell-through provision is applicable for traffic

marking materials and limits the record-retention

period to three years, we still question why

companies that apply marking materials must

maintain records showing the voe content of the

products that they use.

All other record-keeping requirements in

the rule, which are covered by Section 5, are

applicable only to the product manufacturers.

Traffic marking companies are the only users

singled out with the requirement to keep records.

(

(
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These are small businesses for the most part.

Some are literally mom-and-pop operations.

Since they likely don't have chemists

working for them, they will have to rely on the

manufacturers to provide information on the VOC

content for emission rates. This will duplicate

the information the rule will also require the

record-keeping requirements for companies that

apply traffic markings will contribute to a

reduction in VOC emissions.

While the fiscal impact statement prepared

for the proposal states that administrative costs

for product manufacturers will be minimal, we

think this will be a significant burden for those

companies that apply traffic markings. The

fiscal impact statement does not appear to

acknowledge this impact.

Additional costs incurred as a result of

these new record-keeping requirements will

ultimately need to be passed on to customers, who

are primarily state and local government

agencies. The fiscal impact statement also

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manufacturers to maintain. rCA fails to see how
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1 overlooks the cost impact for government

2 agencies.

3 Before the Board acts on this proposal,

4 ICA asks you that you remove any record-keeping

5 requirements for companies that only apply

6 traffic marking materials, or limit the required

7 records for them to a list of the manufacturers

8 from whom they purchase the product.

9 Thank you for considering our comments.

(

Are there any questions from the Board?

MR. QUYLE: Paul, I guess to go back

to the conversation we had before you began

regarding the extension of the season, what's

what's your feeling, given the fact that the

level during the ozone season has been raised

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CHAIRMAN ANDERSON: Thank you.

(

17 from the 91 parts to the 105 parts, do you still

18 see the need for re -- for --

19 MR. BEREBITSKY: The concern is in

20 the nonozone period, when you get into November,

21 even the first part of December. Yeah, I'm told

22 that they currently, in some situations, will use

23 products that have VOC's well over the 150 limit
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1 for the nonozone period.

2 You know, part of the Department's

3 rationale was that Illinois and Ohio have the 150

4 limit and apparently don't have a problem. I

5 don't know whether that's the case or not. Kind

6 of willing to take a wait-and-see attitude, and

7 if we do encounter problems, hope that you would

8 be willing to reopen it at that point.

9 MR. QUYLE: Okay.

10 CHAIRMAN ANDERSON: Are there other

11 questions?

12 MR. BENSHOOF: I guess the -- I guess

13 the question can go back to IDEM. I mean he

14 states something in here, and I'd like you to

15 respond to my addenda. He fails to see how

16 record keeping requirements for companies that

17 apply traffic markings will contribute to the

18 reduction of VOC emissions. How is that -- how

19 is record-keeping requirements going to do that?

20 What are you trying to do with the record-keeping

21 requirements, just keeping --

22

23

MR. DELONEY: The record

MR. BENSHOOF: Is it for enforcement
57

(

1 later?

2 MR. DELONEY: Yeah, it's for -- to

3 help ensure complianc€.

4

5 time?

6

7

MR. BENSHOOF: At a later point in

MR. DELONEY: Correct.

MR. BENSHOOF: So--

8 COMM. EASTERLY: The alternative

9 would be to prohibit the sale in the state, of

10 any sale or use, and since you can use different

11 things at different times, that would be

12 difficult. (

,

13 MR. BENSHOOF: That would be

14 difficult.

15 MR. QUYLE: Well, they had offered

16 the alternative of having a list of manufacturers

17 from whom they purchase products.

18 COMM. EASTERLY: But they have

19 different chemistries for different times.

20 MR. BEREBITSKY: I don't understand

21 what you mean by "different chemistries for

22 different times." Different products, perhaps,

23 at different times.

(
58

obligated to keep those records of sales at this

time; do you know?

MR. BEREBITSKY: I don't think.

MR. DELONEY: under the ruling,

they aren't -- the record-keeping requirements

really a list of every single product that you

buy and how many gallons, and if you have that,

you really have this information.

have records of who they sold goods to?

MR. KISSEL: And how long would they

have to retain those?

So, we'd need

If the rule does

Yes.

Not -- not under our

Would the manufacturers

Are the manufacturers

COMM. EASTERLY:

MR. BEREBITSKY:

MR. QUYLE:

MR. QUYLE:

MR. DELONEY:

The manufacturers

require the manufacturers to maintain records, if

you know who they're purchasing the products

from, you can go to the manufacturers and ask to

see their records.

rule.

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20

21

22 only apply to the users, those that apply, not

23 the manufacturer.
59

(

records?

They have I'm

Yeah, I believe it

That was to be consistent

MS. SMITH:

MS. SMITH:

applies to the manufacturer.

double-checking; I'm sorry.

MR. BENSHOOF: And I guess the other

question I have, and again, you can verify this

or not. Traffic marking companies are the only

users singled out with the requirement to keep

1

2

3

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5

6

7

8

9

10 with the Wisconsin rule per the LADCO

recommendation to include the Wisconsin rule into

11

12

recommendation. Again, we went with LADCO's

(

13 our rule, and that is a requirement of LADCO.

14 And again, I think it comes down to the differing

15 ozone season. You need to keep your MSDS from

16 what you purchased because of the different

17 chemistries from ozone season to nonozone season.

fact that it applies to the user, the seller and

the record requirement is just to keep the MSDS

of what you've purchased?

18 MR. BENSHOOF:

19

20

21

22

23

MS. SMITH:

MR. DELONEY:

So, that -- basically

Well, I think --

The -- based on the

(
60

1 the manufacturer, which Chris has confirmed, the

2 basis of the record keeping is, is that in order

3 to be able to take emission reduction credit

4 within the state implementation plan and

5 incorporate those, those reductions, into, you

6 know, attainment demonstrations and so forth, EPA

7 uses a sliding scale for which -- a percentage of

8 reductions that you can take credit for.

9 Record keeping is one of the key

10 components with regard to how that sliding scale

11 moves. So, when you have the record-keeping

12 requirements that apply to the manufacturer, the

13 distributor, as well as the user, you're able to

14 take a hundred percent of the emission reductions

15 associated with that particular control measure.

16 Once you start reducing the record-keeping

17 requirements, the percent reduction credit that

18 you can take, the assumed effectiveness of the

19

20

rule slides downward.

MR. BENSHOOF: You know, I guess my

21 thought is that if record-keeping requirements is

22 maintaining an MSDS sheet for three years.

23 COMM. EASTERLY: And how many
1

2

gallons.

MR. BENSHOOF: And how many gallons

61

(

3 you're using, I guess that's not that's not

4 huge. I mean you've got to have an MSDS sheet

5 anyway for employee safety, I mean the person

6 applying the coating's going to have to have

7 that, so if it's a matter of just keeping

8 inventory records, I guess that's not too

9 burdensome.

10 MR. BEREBITSKY: The rule does

11 require monthly quantities of each type of

12 marking material applied, so you not only have

13 to -- you know, you may purchase it one month and

14 use it three months later, so this requires you

15 to show when you've used the material, which

16 would be -- there's a variety of different

17 materials a company might use, some of which have

18 zero VOC's, but they're still traffic marking

19 material.

20 CHAIRMAN ANDERSON: Are there other

21 questions either for the speaker or the

22

23

department?

(No response.)

(
62

MR. QUYLE: Second.

CHAIRMAN ANDERSON: Mr. Jeffery Quyle

MR. BEREBITSKY: Thank you.

CHAIRMAN ANDERSON: Thank you.

That's the only card that I have. Is

there anyone else who wishes to speak on the

rule?

(No response.)

CHAIRMAN ANDERSON: Seeing none, this

hearing is now concluded. We are ready for Board

action on final adoption of a new rule,

326 lAC 8-14, Architectural and Industrial

Maintenance, AIM, Coatings, LSA No. 06-604. If

there are any other questions, ask your question.

If not, I will entertain a motion to adopt the

IDEM's suggested changes to the preliminarily

adopted rule.

MR. BENSHOOF: So moved.

CHAIRMAN ANDERSON: I'm sorry, David?

MR. BENSHOOF: So moved.

CHAIRMAN ANDERSON: Okay. David--

Mr. David Benshoof moves. Is there a second?

has seconded. This is a voice vote on the

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1 amendments.

(

MR. BENSHOOF: Aye.

MR. STALEY: Aye.

CHAIRMAN ANDERSON: Aye.

Opposed?

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All in favor, say aye.

MR. HORN: Aye.

MR. BACONE: Aye.

DR. STEVENS: Aye.

MR. SEITZ: Aye.

MS. FISHER: Aye.

MR. CUNDIFF: Aye.

MR. KISSEL: Aye.

MR. QUYLE: Aye.

(No response.)

CHAIRMAN ANDERSON: If none, the

(

17 motion carries. Now I will entertain a motion to

18 final adopt the proposed rule as preliminarily

19 adopted with IDEM's suggested changes

20 incorporated. I will entertain -- is there a

21 motion to final adopt with the amendments?

22

23

DR. STEVENS: So moved.

CHAIRMAN ANDERSON: Dr. Phil Stevens

(
1 has moved. Is there a second?

64

2 MR. STALEY: Second.

3 CHAIRMAN ANDERSON: Mr. Randy Staley

4 has seconded. I'll now poll the Board.

5

6

7

Mr. David Benshoof?

MR. BENSHOOF: Yes.

CHAIRMAN ANDERSON: Mr. Benshoof

8 votes yes.

yes.

9

10

11

12

13

14

15

16 yes.

Mr. Howard Cundiff?

MR. CUNDIFF: Yes.

CHAIRMAN ANDERSON: Mr. Cundiff votes

Ms. Pamela Fisher?

MS. FISHER: Yes.

CHAIRMAN ANDERSON: Ms. Fisher votes

17

18

19

20

21

22

23

yes.

Mr. Chris Horn?

MR. HORN: Yes.

CHAIRMAN ANDERSON: Mr. Horn votes

Mr. Gregory Kissel?

MR. KISSEL: Yes.

CHAIRMAN ANDERSON: Mr. Kissel votes

---------------------------------------------
65

(

1 yes.

2 Mr. Brandon Seitz?

3 MR. SEITZ: Yes.

4 CHAIRMAN ANDERSON: Mr. Seitz vot€S

5 yes.

6 Mr. Randy Staley?

7 MR. STALEY: Yes.

8 CHAIRMAN ANDERSON: Mr. Staley vo-tes

9 yes.

10 Mr. Jeffery Quyle?

11 MR. QUYLE: Y€s.

12 CHAIRMAN ANDERSON: Mr. Quyle votes (

,

13 yes.

14 Dr. Phil Stevens?

15 DR. STEVENS: Yes.

16 CHAIRMAN ANDERSON: Dr. Stevens votes

17 yes.

18 Mr. John Bacone?

19 MR. BACONE: Yes.

20 CHAIRMAN ANDERSON: Mr. Bacone votes

21 yes, and I vote yes. The final the vote is

22 unanimous to final adopt the rule.

23 We'll now move to the next item. This is

'. (
112

CERTIFICATE

Notary Public in and

for the State of Indiana.

City of Shelbyville, Shelby County, Indiana, do

hereby certify that the foregoing is a true and

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

Court Reporter and Notary Public residing in the

correct transcript of the proceedings taken by me

on Wednesday, September 1, 2010 in this matter

and transcribed by me.

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8

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12

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14

15 My Commission expires October 27, 2016.

16

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23
G
TITLE 326 AIR POLLUTION CONTROL BOARD

Proposed Rule

LSA Document #06-604

DIGEST

Adds 326 IAC 8-14 concerning volatile organic compound emissions and limitations applicable to

architectural and industrial maintenance coatings. Effective 30 days after filing with the Publisher.

HISTORY

First Notice of Comment Period: January 10, 2007, Indiana Register (DIN: 20070110-IR-326060604FNA).

Second Notice of Comment Period: October 15, 2008, Indiana Register (DIN: 20081015-IR-326060604SNA).

Notice of First Hearing: October 15, 2008, Indiana Register (DIN: 20081015-IR-326060604PHA).

Change in Notice of Public Hearing: December 3, 2008, Indiana Register (DIN:

20081203-IR-326060604CHA).

Change in Notice of Public Hearing: February 25, 2009, Indiana Register (DIN:

20090225-IR-326060604CHA).

Change in Notice of Public Hearing: February 3, 2010, Indiana Register (DIN: 20100203-IR-326060604CHA).

Change in Notice of Public Hearing: April 28, 2010, Indiana Register (DIN: 20100428-IR-326060604CHA).

Date of First Hearing: June 2, 2010.

Fiscal Impact Statement: July 21, 2010, Indiana Register (DIN: 20100721-IR-326060604FIA).

PUBLIC COMMENTS UNDER IC 13-14-9-4.5

IC 13-14-9-4.5 states that a board may not adopt a rule under IC 13-14-9 that is substantively different from

the draft rule published under IC 13-14-9-4 until the board has conducted a third comment period that is at least

21 days long.

Because this proposed rule is not substantively different from the draft rule published on October 15, 2008, at

20081015-IR-326060604SNA, the Indiana Department of Environmental Management (IDEM) is not requesting

additional comment on this proposed rule.

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD

IDEM requested public comment from October 15, 2008, through November 14, 2008, on IDEM's draft rule

language. IDEM received comments from the following parties:

Eli Lilly and Company (ELC)

Improving Kids Environment (IKE)

Indiana Manufacturers Association, Inc. (IMA)

National Paint and Coatings Association (NPCA)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: Improving Kids Environment supports the agency moving forward with this rulemaking for the

following reasons:

1. These coatings can be a significant source of volatile organic compounds (VOCs), one of the key

contributors to ground level ozone. Although ozone levels have been improving throughout Indiana, high

ozone still presents a public health threat to our citizens throughout the state. Data presented by IDEM at the

October 2008 Indiana Air Pollution Control Board meeting indicate that 12 counties measured ozone air

quality in excess of the recently revised ozone health standard of 0.075 part per million (based on 2006-08

monitoring data). With the recent overturning of the Clean Air Interstate Rule and resulting uncertainty about

continued power plant reductions of nitrogen oxides and sulfur dioxide, it is prudent to continue to implement

reasonable measures to reduce harmful air pollutants where it makes sense to do so.

2. We are increasingly aware of the regional nature of ozone pollution. Concentrating control programs in the

urban areas is no longer sufficient to address unhealthy ozone levels. Implementing cleaner AIM coatings

across a broad geographic region will be most effective in improving air quality. Participating constructively

with the regional consortium (LADCO) is neighborly and good public policy.

3. The market for AIM coatings is regional and national. Having different requirements in different states or

different regions within states is disruptive, confusing, and does not lead to the most economically efficient

result.

4. If and when U.S. EPA promulgates a rule addressing this category, IDEM and the other Midwest states

can evaluate whether any adjustments need to be made. Indiana should not continue to wait for a federal rule

that has been promised but not delivered. (IKE)

Response: IDEM is cognizant of the importance in addressing the ozone issue from a regional perspective.

This rulemaking, in conjunction with the rulemakings conducted by the other LADCO states, will assist in

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Date: Dec 09,2010 9:13:05AM EST DIN: 20100721-IR-326060604PRA Page 1
controlling VOCs in order to ensure compliance with U.S. EPA's newly issued 8-hour ozone standard and the

proposed revised standard currently under consideration.

Ensuring that AIM coating requirements are consistent with other LADCO states and the eleven OTC states

that have effective AIM rules, has been an important consideration for the department when drafting the rule

language. IDEM understands the importance of consistency for a rulemaking that affects AIM coatings producers

nationwide.

When U.S. EPA amends the existing federal AIM coatings rule (40 CFR Part 59, Subpart D), IDEM will

amend the state AIM rule, if necessary. However, to date, U.S. EPA has not published their proposed revisions to

the federal AIM rule. Therefore, IDEM is moving forward with this rulemaking.

Comment: The NPCA supports the proposed implementation date of January 1, 2010. (NPCA)

Response: IDEM had to complete a fiscal impact analysis for this rulemaking as required under Indiana

Code, Section 4-22-2-28(c) and (e), which added additional time to the rulemaking schedule, and made IDEM's

original proposed implementation date of January 1, 2010 impractical. Therefore, IDEM has amended the

implementation date to January 1, 2011.

Comment: Lilly generally supports the concept of limiting VOC content in architectural and industrial

maintenance (AIM) coatings as a step towards achieving the National Ambient Air Quality Standards for Ozone.

By focusing the requirements of the rule on the production of the coating material itself, the rule can achieve

environmental benefit at a reasonable cost.

Lilly believes, however, that the rule should apply only to the manufacture and sale of AIM coatings in

Indiana, and users of AIM coatings should be outside the scope of the rule. IDEM's proposed rule extends liability

and compliance management requirements to "any person who applies or solicits the application of any AIM

coating within the state of Indiana." This means that any company that applies AIM coatings to its facilities, or

hires someone to apply AIM coatings to its facilities is in violation of the proposed rule if a manufacturer or seller

of an AIM coating provides a coating that does not meet the VOC content requirements of the proposed rule, or if

a painting contractor uses noncompliant coatings. Extending liability to the party that has the least ability to control

the VOC content of coatings is excessive, and merely serves a punitive purpose, not an air quality purpose.

Moreover, if proposed rule 326 IAC 8-14 were applicable to facility owners that are subject to the Title V

operating permit program, the rule would be an "applicable requirement", and consequently must be contained in

the facility's Title V permit. The responsible official for the facility (typically a plant manager) would then be

required each year to certify the facility's compliance status with regard to the rule. In order to certify compliance

status, the facility would have to develop a compliance management system that ensures it knows whether each

and every AIM coating applied at the facility meets the requirements of Rule 8-14. For a large industrial or

commercial facility, where AIM coatings are applied perhaps on a daily basis, developing a system to monitor and

verify that each coating meets the requirements of Rule 8-14 would be quite extensive, and yet provide little

environmental benefit because the true environmental benefit for the proposed rule occurs when the low VOC

coating is manufactured.

Lilly recommends changing the draft rule language to remove references that would extend the applicability

of the rule to "any person who applies or solicits the application of any AIM coating within the state of Indiana."

(ELC)

Comment: The interest of the IMA in the proposed rule is primarily one of applicability. The greatest benefit

for VOC reduction will occur in the reformulation of the product itself. The application of the product from current

inventories will yield a finite amount of reduction and compared to the administrative burden there is a diminished

return.

Manufacturing facilities are constantly engaged in maintenance projects which employ the use of various

coatings. Many of these facilities are also subject to regulation under Title V. The proposed rule would ultimately

be part of the facility's annual certification of compliance; and as a result, the facility would need to implement

costly internal verification procedures to assure appropriate coatings were used. These procedures, however,

would yield very little environmental benefit because the real environmental benefit of the proposed rule occurs at

the point of coating production, not at the point of application.

Please consider modification of the draft rule to focus less on the end use of AIM coatings so as to avoid

unnecessary burden to facility compliance efforts with limited environmental benefit. (IMA)

Response: IDEM reviewed the status of AIM coatings rules in the thirteen OTC member states. Eleven of the

thirteen OTC states have effective AIM coatings rules and all eleven states extend applicability of the rule to

persons that apply or solicit the application of any AIM coating. Additionally, Illinois and Ohio have effective AIM

coatings rules that extend the applicability to persons who apply or solicit the application of AIM coatings.

IDEM understands ELC's concern about the extension of liability in the case where a painting contractor may

apply a noncompliant coating. However, emissions of VOCs occur not just during the production of the coatings

but also at the point of application. IDEM has made a commitment to institute an AIM coatings rule as part of

Indiana's State Implementation Plan (SIP) development. The department has included the expected reductions of

VOCs resulting from both manufacturing and end users as part of the SIP development process. Limiting the

scope of applicability to exclude end users will result in the department failing to honor existing commitments

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regarding regional ozone SIP planning and development.

Regarding concerns about extension of liability, companies that apply AIM coatings or hire contractors to

apply coatings may ensure compliance by requiring that contracts for the application of coatings or coating

purchases require the use of compliant coatings. Generally, manufacturers of coatings have this information

readily available. The rule does require that facilities monitor more closely their usage and type of coatings, but,

IDEM does not believe that such a requirement is overly burdensome as to require a change the scope of

applicability of the rule that has been consistently utilized in the majority of states with AIM coating rules.

ELC and IMA are concerned that large industrial facilities, where AIM coatings are applied frequently, would

be burdened by having to develop a system in order to monitor and verify that each coating meets the

requirements of the rule. IDEM respectfully disagrees. Compliant coatings for the coating categories in this rule

have been readily available for several years. Eleven of the thirteen OTC states, Ohio, and Illinois have nearly

identical AIM coating rules in place, many which have been in effect since 2005. In all of these states, there are

facilities that have Title V permits that are also subject to their state's AIM coatings rule. Additionally, the draft rule

has sell through provisions that apply to all AIM coatings (326 IAC 8-14-3(d)). The sell through provisions allow: 1)

coatings manufactured prior to January 1, 2011, to be sold, supplied or offered for sale until January 1, 2014; and

2) coatings manufactured before January 1, 2011, to be applied at any time both before and after January 1,

2011, so long as the coating complied with the standards in effect at the time the coating was manufactured.

IDEM understands that sources may have coatings subject to this rule in their inventory or they may purchase

noncompliant coatings after the effective date of the rule. The sell through provisions allow a phasing in of

compliant coatings into the company's operations.

Comment: The draft rule has special provisions for traffic markings. IKE supports these requirements, but

suggests that the limits be applied year round rather than just during the ozone season. Seasonal limitations add

a layer of complication for implementation and compliance determinations. Without a compelling reason to adopt

a seasonal limit, IKE urges uniformity and simplicity. (IKE)

Comment: For consistency with other OTC and LADCO AIM rules, NPCA suggests that IDEM drop the lower

"ozone season" VOC limit from the rulemaking for traffic marking coatings and include only one VOC content limit

of 150 g/l. (NPCA)

Response: The draft rule provides two VOC content limits for traffic marking coatings. One for the ozone

season that runs from May 1 through September 30 (91 g/l) and one for the nonozone season that runs from

October 1 through April 31 (150 g/l). The VOC content limit recommended by NPCA of 150 g/l is the VOC content

limit for traffic marking coatings in the existing federal AIM coatings rule (40 CFR Part 59, Subpart D).

Manufacturers of traffic marking coatings are already subject to this VOC content limit.

Including more stringent VOC limits for traffic marking coatings in the rule was part of LADCO's

recommendations to its member states as part of the regional effort to control ozone. The draft rule language is

from Wisconsin's rule limiting the VOC content of traffic marking coatings (NR 422.17). The more stringent VOC

content limit for traffic markings is approximately 39% lower than the limit imposed by the federal rule and the

OTC model rule.

Sources subject to the traffic marking coating VOC content limit and 326 IAC 8-14-7 (application of traffic

marking materials) of the draft rule, may comply with the lower VOC content limit year round if it would be more

effective or efficient for them to do so. The rule does not compel a source to comply with the lower limit only

during the ozone season.

Comment: Lilly recommends the following changes to the proposed rule shown by underlining:

326 IAC 8-14-2 Definitions

(70) "Traffic marking coating" means a coating labeled and formulated for marking and striping

publicly-owned streets, publicly-owned highways, or other publicly-owned traffic surfaces, including, but not

limited to, the following:

(A) Curbs.

(B) Berms.

(C) Driveways.

(D) Parking lots.

(E) Sidewalks.

(F) Airport runways. (ELC)

Response: The definition that IDEM used for traffic marking coatings in the draft rule is the definition for traffic

marking coatings that is used in the existing federal AIM coatings rule (40 CFR Part 59, Subpart D) and the OTC

model rule. IDEM will maintain consistency with the existing federal AIM coatings rule and the OTC model rule.

Comment: NPCA recommends adding "Reactive Penetrating Carbonate Stone Sealer" to the definitions and

VOC table. Carbonate stone, and in particular Indiana limestone is widely utilized as an exterior structural and

facade component in commercial and institutional construction. Limestone, marble and other carbonate

substrates are generally durable and sustainable; however, they are subjected to accelerated weathering and

decay due to biological growth, water intrusion and freeze/thaw cycles, and are particularly sensitive to acid rain.

The northeastern United States has an estimated inventory of 50,000 buildings, 10,000 memorials and tens of

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Date: Dec 09,2010 9:13:05AM EST DIN: 20100721-IR-326060604PRA Page 3
millions of grave markers constructed of carbonate stone subject to acid rain degradation that needs protection.

Penetrating reactive carbonate stone sealers are typically specified by building maintenance specialists and

conservators. These sealers function by penetrating the surface and reacting at a molecular level and do not form

a surface film and therefore allow outward migration of internal moisture while preventing water intrusion. Since

carbonate stone does not contain necessary silicates for reaction so a "bridging" silicate source is required,

however these products are incompatible with aqueous carriers so a higher VOC content is needed. Please add

the provided definition of "Reactive Penetrating Carbonate Stone Sealer" to the definitions and VOC table (600

g/L). (NPCA)

Response: IDEM reviewed the AIM coating rules of the OTC states and Ohio. This coating category for

reactive penetrating carbonate stone sealer is not included in any of the rules that IDEM reviewed. Throughout

this rulemaking, IDEM has strived to ensure consistency with the OTC model rule and neighboring states' AIM

coating rules. Imposing new VOC content restrictions on a coating category that is not covered in a majority of

AIM coatings rules adds complexity for regional and national manufacturers. In order to maintain consistency with

other states' AIM coating rules IDEM has not included the coating category for reactive penetrating carbonate

stone sealer. If, and when, the federal rule is revised, and if it includes this coating category, IDEM will consider

amending Indiana's AIM rule.

Comment: The category definition for waterproofing concrete/masonry sealers in the current OTC model rule

was adopted from regulatory language that has been corrected in the South Coast Air Quality Management

District and is in the process of being corrected in the California Air Resource Board's (CARB) revised Suggested

Control Measure (SCM). As written, the definition applies to film forming coatings; however, it is broadly

recognized that this class of materials also includes penetrating, clear water, and stain repellents that do not form

films in the traditional sense. Additionally, CARB has recognized that the list of properties in the proposed

definition is not necessarily all inclusive for every type of coating in this diverse category. Instead, NPCA

recommends that the words "film forming" be deleted from the definition of waterproofing concrete/masonry

sealers. (NPCA)

Response: IDEM removed the words "film forming" from the definition of waterproofing concrete or masonry

sealer at 326 IAC 8-14-2(75).

Comment: NPCA recommends that the record keeping and reporting requirements for perchloroethylene and

methylene chloride, recycled coatings, and bituminous roof coatings be changed. It is important to note that these

"automatic reporting" requirements originated from the California Air Resources Board (CARB) 2000 AIM SCM

and were subsequently included in the OTC model rule. However, in October 2007, CARB deleted these reporting

requirements from the 2007 AIM SCM since it felt that this information was no longer needed. NPCA suggests

that to be consistent with CARB that IDEM delete these requirements as well. If over the objection of NPCA,

IDEM does not delete these requirements, NPCA requests that IDEM include a 90 day period of time for

manufacturers to report this information. (NPCA)

Response: IDEM amended the record keeping and reporting requirements for the following: AIM coatings

that contain perchloroethylene or methylene chloride (326 IAC 8-14-5(d)); recycled coatings (326 IAC 8-14-5(e));

and bituminous roof coatings or bituminous roof primers (326 IAC 8-14-5(f)). The automatic reporting

requirements were removed. However, the department generally gives a source thirty (30) days to submit a

report, not ninety (90) and has amended the rule language accordingly to represent the department's general

practice.

Comment: There is an overlap issue with the definitions for flat and nonflat coatings. A coating with a 60

degree gloss of 6 and an 85 degree gloss of 10 could be considered either, based on the proposed definitions.

NPCA recommends the following:

"Flat Architectural coating" means a coating that does not meet the definition in this regulation for another

coating and which registers a gloss of less than 15 on an 85-degree gloss meter held at an 85oangle to the

coated surface or less than 5 on a 60-degree gloss meter held at a 60oangle, and which is described on the

label as a flat coating, according to ASTM Designation D 523-89 (1999), incorporated by reference in

paragraph 33.6.5(c) of this regulation. "Non-flat Architectural coating" means a coating that does not meet the

definition in this regulation of another coating and which registers gloss of 15 or greater on an 85-degree

gloss meter held at an 85oangle to the coated surface and 5 or greater on a gloss meter when held at a 60o

angle, according to ASTM Designation D 523-89 (1999), incorporated by reference in paragraph 33.6.5(c) of

this regulation. (NPCA)

Response: The language included in the comment from NPCA does not match the definitions of flat coating

at 326 IAC 8-14-2(26) and nonflat coating at 326 IAC 8-14-2(41) in the published draft rule language. However,

IDEM amended the two definitions to clarify and remove the overlap issue in response to NPCA's comment. This

amendment is also consistent with the Illinois' and Ohio's definitions of flat and nonflat coatings.

Comment: The reporting requirements under Section 5(a) are very extensive and while NPCA appreciates

that IDEM included a 90 day period of time for manufacturers to reply, for the amount of information requested,

additional time will be needed. To help alleviate this problem, NPCA recommends that IDEM grant manufacturers

extensions if these extensions are requested in writing. NPCA recommends revising the language in Section 5(a)

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as follows:

Such records shall be kept for a period of not less than five (5) years and shall be made available to the

Department for inspection within 90 days of request, unless an extension of time is granted by the State (as

per written manufacturer request for extension). (NPCA)

Response: IDEM reviewed the AIM coating rules of the OTC states and Ohio. Based on IDEM's review of

those rules, the standard period of time given to manufacturers to reply to a request from the department is 90

days with no language providing for an extension. The reporting requirements in section 5(a) are similar, if not

identical, to those required by the OTC states and Ohio. To maintain consistency with other states' AIM coating

rules, Indiana will not grant extensions to the 90 day reporting requirement.

Comment: For consistency with the Illinois and other OTC state rules, NPCA suggests that Section 3(g)

regarding rust preventive coatings be replaced with the following:

"No person shall apply or solicit the application of any rust preventive coating for industrial use unless such a

rust preventive coating complies with the industrial maintenance coating VOC limit specified in subsection

(b). If the coating is also regulated under another Part, the more restrictive limit shall apply." (NPCA)

Response: IDEM reviewed the language in 326 IAC 8-14-3(g) regarding rust preventative coatings. In the

draft rule language that published in the Second Notice of Comment Period, IDEM included additional

requirements for rust preventative coatings based on Ohio's AIM rule. However, after reviewing the OTC model

rule and other OTC states' rules, IDEM amended the language to match the OTC model rule language.

Comment: NPCA recommends clarifying that section 4(4) applies to Industrial Maintenance Coatings and

revise as follows:

Industrial Maintenance Labels - The label or the lid of the container in which the coating. . .. (NPCA)

Response: IDEM amended the language in section 4(4) to clarify that the section applies to industrial

maintenance coatings.

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING

On June 2, 2010, the Air Pollution Control Board (board) conducted the first public hearing/board meeting

concerning the development of a new rule at 326 IAC 8-14. Comments were made by the following parties:

Eli Lilly and Company (ELC)

Indiana Construction Association (ICA)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: The Indiana Construction Association (ICA) is a statewide trade association of building, heavy,

highway and utility contractors. While our comments focus on traffic marking paint and epoxy penetrating sealer,

ICA continues to research the potential impact of this proposal on other coatings used in the construction industry.

ICA is particularly interested in the availability and quality of products that comply with the proposed VOC limits

and costs. ICA may have information relative to other products when the proposal reaches the next step of the

rulemaking process. ICA recommends that the ozone season limit be increased from 91 grams/liter to 105

grams/liter. This would allow a broader range of products to be used, with the resulting added competition helping

to control costs. Even at 105 grams/liter, the limit would be well below the allowable threshold for most other

products. (ICA)

Response: The proposed rule has two separate VOC content limits for traffic marking coatings. Traffic

marking coatings applied during the ozone season (May 1 to September 30) have a limit of 91 grams/liter and

coatings applied during the nonozone season (October 1 to April 30) have a limit of 150 grams/liter.

In the State of Indiana, the Indiana Department of Transportation (INDOT) is one of the largest users of traffic

marking coatings. Using estimates from INDOT regarding the amount of paint that the agency and their

contractor's will order this year (2010) for traffic marking applications, IDEM calculated the increase in VOC

emissions if the ozone season VOC content limit was increased from 91 grams/liter to 105 grams/liter. IDEM

determined that the increase in area source emissions would be negligible. Per ICA's request, IDEM will increase

the ozone season (May 1 to September 30) VOC content limit for traffic marking materials to 105 grams/liter in the

rule proposed for final adoption.

Comment: While products satisfying the 150 grams/liter content limit would be suitable for some of the fall

and spring season, where temperature and humidity levels can greatly impact product performance, ICA believes

products that are currently allowed under the U.S. EPA regulation should be allowed during a limited three to four

week window during the late fall. The placement of traffic markings-whether permanent or temporary-is one of the

final operations during the highway construction season. If other work is postponed for any number of valid

reasons, the placement of traffic markings may need to occur during less than suitable climatic conditions. Yet it is

imperative that secure markings be placed for the safety of motorists. (ICA)

Response: The federal architectural and industrial maintenance (AIM) coatings rule at 40 CFR Part 59,

Subpart D, Ozone Transport Commission (OTC) model rule, and Indiana's proposed rule all use the same

definition for traffic marking coatings. A "traffic marking coating" is defined as a "coating formulated and

recommended for marking and striping streets, highways, or other traffic surfaces including, but not limited to,

curbs, berms, driveways, parking lots, sidewalks, and airport runways." The federal rule and OTC model rule both

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have a VOC content limit of 150 grams/liter for traffic marking coatings, which is the same as Indiana's proposed

VOC content limit for traffic markings during the non-ozone season (October 1 through April 30).

However, the federal rule contains a separate definition and VOC content limit for zone marking coatings.

Under the federal rule, a "zone marking coating" is defined as a "coating formulated and recommended for

marking and striping driveways, parking lots, sidewalks, curbs, or airport runways, and sold or distributed in a

container with a volume of 19 liters (5 gallons) or less. The VOC content limit for a zone marking coating under

the federal rule is 450 grams/liter. Because of the overlap of definitions of zone marking coating and traffic

marking coating in the federal rule, an exception paragraph is provided at 40 CFR Part 59.402(c)(16) which

clarifies that zone marking coatings that also meet the definition for traffic marking coatings are subject only to the

federal VOC content limit for zone marking coatings.

The U.S. EPA published the federal AIM coatings rule on September 11, 1998, and the rule went into effect

one year later on September 11, 1999. The OTC model rule for AIM coatings was finalized in 2001. The OTC

model rule does not contain a separate definition for zone marking coatings. The OTC model rule's definition of

traffic marking coatings and VOC content limit for traffic marking coatings subsumed the federal definition and

VOC content limit (450 grams/liter) for zone marking coatings. Therefore, states that have adopted AIM coatings

regulations based on the OTC model rule no longer recognize the zone markings coating category and coatings

that could have previously fallen under the zone marking coatings exception in the federal rule must now satisfy

the VOC content limits for traffic marking coatings which is 150 grams/liter.

ICA requested a limited three to four week window in the late fall to apply products that would exceed the

proposed rule's VOC content limit of 150 grams/liter for traffic marking coatings during the non-ozone season but

presumably fall under the federal rule's definition of zone marking coatings. IDEM reviewed the AIM coatings rules

of the other states that have adopted the OTC model rule and those states do not recognize the federal exception

for zone marking coatings. All traffic coatings must comply with the 150 grams/liter VOC content limit.

Furthermore, Indiana's neighboring states of Illinois and Ohio, which have effective AIM coatings rules based on

the OTC model rule, require all traffic marking coatings to meet the 150 grams/liter VOC content limit. These

states must deal with seasonal challenges very similar to Indiana's when applying traffic marking coatings, and

they have not reported any performance issues with compliant coatings applied during the late fall. IDEM believes

the nonozone season VOC content limit of 150 grams/liter that has been adopted by several other states is

appropriate and should not be amended.

Comment: For other materials covered by this proposal, the record keeping requirements apply only to the

product manufacturer. ICA doesn't think there is any justification for treating traffic marking materials differently.

Furthermore, IDEM's draft rule that the Air Pollution Control Board is considering requires those records to be

maintained for five years. This is two additional years compared to the original Second Notice of Comment Period

version published on October 15, 2008. (ICA)

Response: Prior to preliminary adoption of the proposed rule, IDEM amended the record keeping

requirement under 326 IAC 8-14-7, "Application of traffic marking materials", to be internally consistent with other

record keeping requirements in the rule at 326 IAC 8-14-5. The record keeping requirements at 326 IAC 8-14-5

require each manufacturer of a product subject to a VOC content limit in the rule to maintain records for a period

of five years.

The Wisconsin traffic marking rule (NR 422.17), on which the rule language for traffic marking materials is

based, requires records to be maintained for a period of three years and requires any person subject to the rule

who applies traffic marking materials to maintain records. IDEM will amend the record keeping requirements for

traffic marking coatings under 326 IAC 8-14-7 to be consistent with the language in Wisconsin's traffic marking

rule and require records for traffic marking materials to be maintained for a period of three years instead of five

years.

Comment: While most other effective dates in the proposed rule were pushed back one year as a result of

the several changes in the date for this hearing, the January 1, 2011 date in Section 7 of the rule has not been

revised. The wording in this section also appears to nullify for traffic markings, the sell-through provisions in

Section 3(d) of the rule that allow materials manufactured before the effective date of this rule to be sold and used

for an extended period of time.(ICA)

Response: The January 1, 2011 date is cited consistently throughout the proposed rule as the effective date

of the rule. This rule is expected to be finalized and effective in late 2010 or early 2011. IDEM will amend the

current implementation date in the proposed rule prior to final adoption from January 1, 2011 to October 1, 2011

in order to provide adequate time for manufacturers and users of AIM coatings to meet rule requirements.

Additionally, IDEM will amend the language in 326 IAC 8-14-7(a), "Application of traffic marking materials", to

ensure that the sell through provisions for AIM coatings in 326 IAC 8-14-7(d) applies to traffic marking materials.

Comment: ICA's other area of concern pertains to epoxy-penetrating sealer, which is a product used to

protect concrete bridge decks. ICA believes, although is not able to verify, that none of the products approved for

use by the INDOT comply with the proposed VOC limits. While products with lower VOC limits are available in the

market, INDOT requires that contractors use only those products on its approved list. Unless INDOT were to find

that other products are acceptable, adoption of this rule would put contractors in a Catch 22 situation of not being

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able to use the INDOT acceptable products because of their VOC content, but not being able to use other

products due to lack of acceptability to INDOT. ICA also understands that contractors would have to invest in new

equipment to use some of the thicker, lower VOC products because those products could not be sprayed using

existing equipment. (ICA)

Response: INDOT's Office of Materials Management is in the process of checking whether epoxy penetrating

sealers on its approved materials list comply with the proposed VOC content requirement. It is not yet known with

certainty whether any of the approved products meet the proposed rule's VOC content requirement. It takes

approximately six months to a year for INDOT to approve a new product to be added to their materials list.

IDEM recognizes the difficulties that INDOT contractors will face if compliant products have not been

approved by INDOT prior to the rule's implementation date. INDOT is aware of this rulemaking and its impact on

their operations and is currently working on assessing their approved materials list to determine compliance with

the proposed VOC content limits. IDEM will amend the implementation date of the proposed rule to October 1,

2011, in order to give users of AIM coatings like INDOT additional time to find and approve compliant products, if

necessary.

Comment: Eli Lilly and Company ("Lilly") owns and operates several facilities in Indiana that would be subject

to this, including three sites which are subject to the Title V operating permit program. Lilly generally supports the

concept of limiting VOC content in architectural and industrial maintenance coatings as a step towards achieving

the National Ambient Air Quality Standards (NAAQS) for ozone. By focusing the requirements of the rule on the

production of the coating material itself, the rule can achieve environmental benefit at a reasonable cost and with

great efficiency. Once manufacturers begin producing compliant coatings, especially in the context of multi-state

or national programs, then virtually all of the coatings that are used in commerce will be low emitting coatings

when applied. When a facility owner such as Lilly purchases and applies a coating, the chances of that coating

not meeting the standards of IDEM's rule are very slim.

IDEM's proposed rule extends liability and compliance management requirements to "any person who applies

or solicits the application of any AIM coating within the State of Indiana." This means that any company that

applies coatings to its facilities or hires someone to apply coatings to its facilities, has a new Clean Air Act

obligation to use compliant AIM coatings. As a result, because rule 326 IAC 8-14 will apply to facility owners that

are subject to the Title V operating permit program, the rule would be an "applicable requirement", and

consequently must be contained in the facility's Title V permit. The responsible official for the facility would then

be required each year to certify the facility's compliance status with regard to the rule. In order to certify

compliance status, the facility would have to develop a compliance management system that ensures it knows

whether the AIM coatings applied at the facility meet the requirements of rule 8-14. For a large industrial or

commercial facility, where various AIM coatings are applied, perhaps on a daily basis, throughout the plant site,

developing a system to monitor and verify the coatings meet the requirements of Rule 8-14 would be quite

extensive, and yet provide little environmental benefit because the true environmental benefit for the proposed

rule occurs when the low VOC coating is manufactured and sold.

Lilly's Corporate Center in downtown Indianapolis and our Lilly Technology Center on the southwest side of

Indianapolis are both good examples of how implementing the rule becomes complicated and a heavy burden for

companies that want to comply with all their Clean Air Act requirements. Both of these sites are large, complex

facilities that consist of dozens of buildings that are constantly undergoing various painting and maintenance

activities that involve coatings subject to the proposed rule. In any given week, there could be a dozen different

contractors or Lilly employees applying AIM coatings throughout the facilities. We can specify in our purchasing

contracts that all coating must be compliant coatings, and we can specify in our building maintenance contracts

that our contractors use compliant coatings. But the existence of those contracts does not satisfy the requirement

of the Title V compliance certification that we conduct a reasonable inquiry into our operations to ensure that we

are in compliance with Clean Air Act requirements such as the AIM coatings rule.

It is not clear what a reasonable inquiry is for an obligation such as being required to use compliant AIM

coatings. It probably doesn't mean checking every single coating used at the sites. On the other hand it clearly

doesn't mean depending on contractors to follow their contracts without ever checking the coatings they are

using. When you consider that sites like ours and other large industrial sites may use hundreds of different AIM

coatings in the course of a year, you can begin to understand how baffling and potentially burdensome this issue

can become.

In response to the comments Lilly submitted on this rule during the Second Notice of Comment Period, IDEM

avoided providing a direct response to our concerns about the administrative burden of ensuring everyone at our

sites was using compliant coatings. IDEM's response noted that all the other states that have adopted AIM

coatings rules have extended liability to the owners and operators of facilities where coatings are applied, and that

those states have sources subject to Title V permitting requirements too. The response implicitly suggests that

because no other states attempted to address the issue, than Indiana does not need to address it either.

IDEM did suggest that Lilly could limit potential liability by requiring compliant coatings in our purchasing and

maintenance contracts. We agree that such contracts can greatly reduce our potential liability. That is not our

concern, however. As stated earlier, Lilly is concerned that the existence of those contracts alone does not

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constitute a reasonable inquiry for the purposes of meeting our Title V compliance certification requirements, and

that we, and others, will expend unnecessary administrative resources establishing an internal system to ensure

that the coatings are compliant.

Lilly understands that if sources are not using compliant coatings then the objective of the rule is undermined.

We believe, however, that the vast majority of the benefit of this rule occurs when the coatings are manufactured

and sold. At that point, nearly all of the coatings that are used in the field will be compliant coatings because those

are the coatings that will be readily available in the market. The benefit of the rule will be widely achieved. After

the market is filled with compliant coatings, the only people who will be using noncompliant coatings will be those

who are intentionally purchasing noncompliant coatings or those who have been tricked to believe their coatings

are compliant coatings. These folks will comprise only a very small portion of the businesses applying AIM

coatings. It will be difficult to find these noncompliant actors. And meanwhile, Indiana facilities that wrestle with

the issue of conducting their Title V compliance certifications correctly will take on additional administrative cost

for minimal, if any, environmental benefit.

Lilly requests that all references to potential applicability of the rule to facilities that apply coatings or have

coatings applied for them be taken from the rules. (ELC)

Response: IDEM has committed to implement a VOC AIM coatings rule per LADCO's recommendation to its

member states and the department has included the expected reductions of VOCs resulting from both

manufacturing and end users as part of the Indiana's State Implementation Plan development process. As ELC

notes, limiting VOC content in AIM coatings is a step towards assisting Indiana in maintaining and achieving the

NAAQS for ozone. Currently, U.S. EPA is considering lowering the existing 8-hour ozone NAAQS of 0.075 parts

per million. U.S. EPA will issue a final decision by August 31, 2010. Once Indiana has an effective AIM coatings

rule, the state will be able to receive credits for VOC reductions to assist ozone nonattainment counties in meeting

the 8-hour ozone NAAQS.

The following states or jurisdictions have adopted an AIM coatings rule with applicability that extends to users

of AIM coatings: California, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts,

New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Virginia. Approximately 45% of

the United States population is subject to the VOC content limits for AIM coatings in the proposed rule.

Furthermore, Title V facilities exist in all of these states and those facilities must comply with their state's AIM

coatings VOC regulations. IDEM's response to ELC's concerns during the Second Notice of Comment Period did

not mean to implicitly suggest that no other states attempted to address the issue. IDEM discussed this issue with

representatives from the states mentioned above and no other state found ELC's concerns regarding Title V

compliance certification to be an issue that placed an undue burden upon facilities like the ones alluded to in

ELC's comments.

IDEM believes that the primary compliance obligation is on manufacturers and others who sell AIM coatings

products in Indiana. The majority of the rule requirements including container labeling (326 IAC 8-14-4), record

keeping and reporting (326 IAC 8-14-5) and compliance provisions and test methods (326 IAC 8-14-6) do not

apply to users of AIM coatings.

However, in addition to manufacturers, IDEM believes that users of AIM products should also be responsible

for ensuring they are using compliant products, particularly when non-compliant products are available in the

market. IDEM disagrees with the statement that "after the market is filled with compliant coatings, the only people

who will be using noncompliant coatings will be those who are intentionally purchasing noncompliant coatings...."

Compliant coatings are readily available in the market, and facilities such as those operated by ELC that use a

multitude of AIM coatings have a responsibility to ensure that their contractors and employees are complying with

Indiana's VOC regulations. Without a national rule in place, noncompliant products can be easily obtained. Failing

to extend applicability of this rule to users of AIM coatings will mean that a significant portion of reduction potential

will be lost.

IDEM reiterates that compliance obligations may be achieved by requiring compliant coatings in purchasing

and maintenance contracts. The proposed rule does require that facilities take on some additional administrative

responsibilities to ensure that employees and contractors are aware of the facility's compliance obligations, but,

IDEM does not believe that the requirements and additional administrative due diligence is overly burdensome as

to require a change to the scope of applicability of the proposed rule. IDEM does not believe it is necessary to

amend the applicability of the rule.

Small Business Assistance Information

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

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

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

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

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

http://www.in.gov/idem/4108.htm

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

Alison Surface

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IDEM Compliance and Technical Assistance Program - OPPTA

MC 60-04 IGCS W041

100 North Senate Avenue

Indianapolis, IN 46204-2251

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

ctap@idem.in.gov

The Small Business Assistance Program Ombudsman is:

Brad Baughn

IDEM Small Business Assistance Program Ombudsman

MC 50-01 IGCN 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386

bbaughn@idem.in.gov

326 IAC 8-14

SECTION 1. 326 IAC 8-14 IS ADDED TO READ AS FOLLOWS:

Rule 14. Architectural and Industrial Maintenance (AIM) Coatings

326 IAC 8-14-1 Applicability

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

Affected: IC 13-12

Sec. 1. This rule applies to any person who supplies, sells, offers for sale, or manufactures any AIM

coating for use within the state of Indiana, as well as any person who applies or solicits the application of

any AIM coating within the state of Indiana, except for the following:

(1) Any AIM coating that is sold or manufactured for:

(A) use outside of the state of Indiana; or

(B) shipment to other manufacturers for reformulation or repackaging.

(2) Any aerosol coating product.

(3) Any AIM coating that is sold in a container with a volume of one (1) liter (one and fifty-seven

thousandths (1.057) quarts) or less.

(Air Pollution Control Board; 326 IAC 8-14-1)

326 IAC 8-14-2 Definitions

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

Affected: IC 13-12

Sec. 2. The following definitions apply throughout this rule:

(1) "Adhesive" means any chemical substance that is applied for the purpose of bonding two (2)

surfaces together other than by mechanical means.

(2) "Aerosol coating product" means a pressurized coating product containing pigments or resins

that:

(A) dispenses product ingredients by means of a propellant; and

(B) is packaged in a disposable can for hand-held application or for use in specialized equipment for

ground traffic or ground marking applications.

(3) "AIM coatings" means architectural and industrial maintenance coatings.

(4) "Antenna coating" means a coating labeled and formulated exclusively for application to

equipment and associated structural appurtenances that are used to receive or transmit

electromagnetic signals.

(5) "Antifouling coating" means a coating labeled and formulated for application to submerged

stationary structures and their appurtenances to prevent or reduce the attachment of marine or

freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered

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with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136).

(6) "Appurtenance" means any accessory to a stationary structure coated at the site of installation,

whether installed or detached, including, but not limited to, any of the following:

(A) Bathroom and kitchen fixtures.

(B) Cabinets.

(C) Concrete forms.

(D) Doors.

(E) Elevators.

(F) Fences.

(G) Hand railings.

(H) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or

stationary tools.

(I) Lampposts.

(J) Partitions.

(K) Pipes and piping systems.

(L) Rain gutters and downspouts.

(M) Stairways.

(N) Fixed ladders.

(O) Catwalks and fire escapes.

(P) Window screens.

(7) "Architectural coating" means a coating to be applied to any of the following:

(A) Stationary structures or the appurtenances at the site of installation.

(B) Portable buildings at the site of installation.

(C) Pavements.

(D) Curbs.

The term does not include adhesives, coatings applied in shop applications, or coatings applied to

nonstationary structures, such as airplanes, ships, boats, railcars, and automobiles.

(8) "Bitumens" means black or brown materials, including, but not limited to, asphalt, tar, pitch, or

asphaltite, that:

(A) are soluble in carbon disulfide;

(B) consist mainly of hydrocarbons; and

(C) are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

(9) "Bituminous roof coating" means a coating that incorporates bitumens that is labeled and

formulated exclusively for roofing.

(10) "Bituminous roof primer" means a primer that incorporates bitumens that is labeled and

formulated exclusively for roofing.

(11) "Bond breaker" means a coating labeled and formulated for application between layers of

concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is

poured.

(12) "Calcimine recoaters" means flat solvent borne coatings formulated and recommended

specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

(13) "Clear brushing lacquers" means clear wood finishes, excluding clear lacquer sanding sealers,

formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical

reaction and to provide a solid, protective film, that are:

(A) intended exclusively for application by brush; and

(B) labeled as specified in section 4(5) of this rule.

(14) "Clear wood coatings" means clear and semitransparent coatings, including lacquers and

varnishes, applied to wood substrates to provide a transparent or translucent solid film.

(15) "Coating" means a material applied onto or impregnated into a substrate for protective,

decorative, or functional purposes. Such materials include, but are not limited to, the following:

(A) Paints.

(B) Varnishes.

(C) Sealers.

(D) Stains.

(16) "Colorant" means a concentrated pigment dispersion of water, solvent, or binder that is added to

an architectural coating after packaging in sale units to produce the desired color.

(17) "Concrete curing compound" means a coating labeled and formulated for application to freshly

poured concrete to retard the evaporation of water.

(18) "Concrete surface retarder" means a mixture of retarding ingredients, such as:

(A) extender pigments;

(B) primary pigments;

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(C) resin; and

(D) solvent;

that interact chemically with the cement to prevent hardening on the surface where the retarder is

applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an

exposed aggregate finish.

(19) "Conjugated oil varnish" means a clear or semitransparent wood coating, labeled as such,

excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (tung oil) and

modified with other natural or synthetic resins, a minimum of fifty percent (50%) of the resin solids

consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes

penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may

contain small amounts of pigment to control the final gloss or sheen.

(20) "Conversion varnish" means a clear acid-curing coating with an alkyd or other resin blended with

amino resins and supplied as a single component or two (2) component product. Conversion

varnishes produce a hard, durable, clear finish designed for professional application to wood flooring.

Film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification

at the reactive ethers of the amino resins.

(21) "Dry fog coating" means a coating labeled and formulated only for spray application such that

overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the

surface coating activity.

(22) "Exempt compound" means a compound identified as exempt under the definition of VOC. The

exempt compounds content of a coating shall be determined in accordance with Method 24 of 40 CFR

Part 60, Appendix A* or SCAQMD Method 303-91 "Determination of Exempt Compounds", approved

June 1, 1991, and revised February 1993*.

(23) "Faux finishing coating" means a coating labeled and formulated as a stain or a glaze to create

artistic effects including, but not limited to, the following:

(A) Dirt.

(B) Old age.

(C) Smoke damage.

(D) Simulated marble.

(E) Simulated wood grain.

(24) "Fire-resistive coating" means an opaque coating labeled and formulated to protect structural

integrity by increasing the fire endurance of interior or exterior steel and other structural materials,

that has been:

(A) fire tested and rated by a nationally recognized testing organization; and

(B) approved for use in bringing assemblies of structural materials into compliance with federal,

state, and local building code requirements.

The fire-resistive coating shall be tested in accordance with ASTM E119-05a "Standard Test Methods

for Fire Tests of Building Construction and Materials", November 2005*.

(25) "Fire-retardant coating" means a coating labeled and formulated to retard ignition and flame

spread, that has been:

(A) fire tested and rated by a nationally recognized testing organization; and

(B) approved for use in bringing building and construction materials into compliance with federal,

state, and local building code requirements.

The fire-retardant coating shall be tested in accordance with ASTM E84-05e1 "Standard Test Method

for Surface Burning Characteristics of Building Materials", February 2005*.

(26) "Flat coating" means a coating that:

(A) is not defined under any other definition in this rule; and

(B) registers a gloss less than fifteen (15) on an eighty-five (85) degree gloss meter or less than five

(5) on a sixty (60) degree gloss meter according to ASTM D523-89 "Standard Test Method for

Specular Gloss", May 1999*.

(27) "Floor coating" means an opaque coating that is labeled and formulated for application to

flooring, including, but not limited to, the following:

(A) Decks.

(B) Porches.

(C) Steps.

(D) Other horizontal surfaces that may be subjected to foot traffic.

(28) "Flow coating" means a coating labeled and formulated exclusively for use by electric power

companies or their subcontractors to maintain the protective coating systems present on utility

transformer units.

(29) "Form-release compound" means a coating labeled and formulated for application to a concrete

form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood,

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metal, or some material other than concrete.

(30) "Graphic arts coating or sign paint" means a coating labeled and formulated for hand application

by artists using brush or roller techniques to indoor and outdoor signs, excluding structural

components, and murals including the following:

(A) Letter enamels.

(B) Poster colors.

(C) Copy blockers.

(D) Bulletin enamels.

(31) "High-temperature coating" means a high performance coating labeled and formulated for

application to substrates exposed continuously or intermittently to temperatures above two hundred

four (204) degrees Celsius (four hundred (400) degrees Fahrenheit).

(32) "Impacted immersion coating" means a high performance maintenance coating formulated and

recommended for application to steel structures subject to immersion in turbulent, debris-laden water.

These coatings are specifically resistant to high energy impact damage by floating ice or debris.

(33) "Industrial maintenance coating" means a high performance architectural coating, including

primers, sealers, undercoaters, intermediate coats, or topcoats, formulated for application to

substrates exposed to one (1) or more of the following extreme environmental conditions and labeled

as specified in section 4(4) of this rule:

(A) Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or

chronic exposures of interior surfaces to moisture condensation.

(B) Acute or chronic exposure to:

(i) corrosive, caustic, or acidic agents;

(ii) chemicals;

(iii) chemical fumes; or

(iv) chemical mixtures or solutions.

(C) Repeated exposure to temperatures above one hundred twenty-one (121) degrees Celsius (two

hundred fifty (250) degrees Fahrenheit).

(D) Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent)

scrubbing with industrial solvents, cleansers, or scouring agents.

(E) Exterior exposure of metal structures and structural components.

(34) "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers,

formulated with cellulosic or synthetic resins to:

(A) dry by evaporation without chemical reaction; and

(B) provide a solid, protective film.

(35) "Low-solids coating" means a coating containing twelve-hundredths (0.12) kilogram or less of

solids per liter (one (1) pound or less of solids per gallon) of coating material.

(36) "Magnesite cement coating" means a coating labeled and formulated for application to magnesite

cement decking to protect the magnesite cement substrate from erosion by water.

(37) "Manufacturer's maximum recommendation" means the maximum recommendation for thinning

that is indicated on the label or lid of the coating container.

(38) "Mastic texture coating" means a coating labeled and formulated to:

(A) cover holes and minor cracks; and

(B) conceal surface irregularities;

that is applied in a single coat of at least ten mils (0.010 inch) dry film thickness.

(39) "Metallic pigmented coating" means a coating containing at least forty-eight (48) grams of

elemental metallic pigment per liter of coating as applied (four-tenths (0.4) pounds per gallon) when

tested in accordance with SCAQMD Method 318-95 "Determination of Weight Percent Elemental Metal

in Coatings by X-Ray Diffraction", July 1996*.

(40) "Multicolor coating" means a coating that:

(A) is packaged in a single container; and

(B) exhibits more than one (1) color when applied in a single coat.

(41) "Nonflat coating" means a coating that:

(A) is not defined under any other definition in this rule; and

(B) registers a gloss of fifteen (15) or greater on an eighty-five (85) degree gloss meter and five (5) or

greater on a gloss meter when held at a sixty (60) degree angle according to ASTM D523-89

"Standard Test Method for Specular Gloss", May 1999*.

(42) "Nonflat-high-gloss coating" means a nonflat coating that registers a gloss of seventy (70) or

above on a sixty (60) degree gloss meter according to ASTM D523-89 "Standard Test Method for

Specular Gloss", May 1999*.

(43) "Nonindustrial" use means any use of architectural coatings except in the construction or

maintenance of any of the following:

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(A) Facilities used in the manufacturing of goods and commodities.

(B) Transportation infrastructures, including the following:

(i) Highways.

(ii) Bridges.

(iii) Airports.

(iv) Railroads.

(C) Facilities used in mining activities, including petroleum extraction.

(D) Utilities infrastructures, including power generation and distribution and water treatment and

distribution systems.

(44) "Nuclear coating" means a protective coating formulated and recommended to seal porous

surfaces, such as steel (or concrete), that otherwise would be subject to intrusions by radioactive

materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure

and be tested in accordance with ASTM Method D4082-89 "Standard Test Method for Effects of

Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants", January 2002*. These

coatings must also be relatively easy to decontaminate and resistant to various chemicals to which

coatings are likely to be exposed and be tested in accordance with ASTM Method D3912-80 "Standard

Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants",

approved January 2001*.

(45) "Person" has the meaning set forth in IC 13-11-2-158(a).

(46) "Postconsumer coating" means a finished coating that would have been disposed of in a landfill,

having completed its usefulness to a consumer. The term does not include manufacturing wastes.

(47) "Pretreatment wash primer" means a primer that:

(A) contains a minimum of five-tenths percent (0.5%) acid, by weight, when tested in accordance

with ASTM D1613-03 "Standard Test Method for Acidity in Volatile Solvents and Chemical

Intermediates Used in Paint, Varnish, Lacquer, and Related Products", October 2003*; and

(B) is labeled and formulated for application directly to bare metal surfaces to:

(i) provide corrosion resistance; and

(ii) promote adhesion of subsequent topcoats.

(48) "Primer" means a coating labeled and formulated for application to a substrate to provide a firm

bond between the substrate and subsequent coats.

(49) "Quick-dry enamel" means a nonflat coating that is labeled as specified in section 4(8) of this rule

and that is formulated to have the following characteristics:

(A) Is capable of being applied directly from the container under normal conditions with ambient

temperatures between sixteen (16) and twenty-seven (27) degrees Celsius (sixty (60) and eighty (80)

degrees Fahrenheit).

(B) When tested in accordance with ASTM D1640-03 "Standard Test Methods for Drying, Curing, or

Film Formation of Organic Coatings at Room Temperature", December 2003*:

(i) sets to touch in two (2) hours or less;

(ii) is tack free in four (4) hours or less;

(iii) dries hard in eight (8) hours or less by the mechanical test method; and

(iv) has a dried film gloss of seventy (70) or above on a sixty (60) degree meter.

(50) "Quick-dry primer, sealer, and undercoater" means a primer, sealer, or undercoater that:

(A) is dry to the touch in thirty (30) minutes; and

(B) can be recoated in two (2) hours when tested in accordance with ASTM D1640-03 "Standard Test

Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature",

December 2003*.

(51) "Recycled coating" means an architectural coating formulated such that not less than fifty percent

(50%) of the total weight consists of secondary and postconsumer coating, with not less than ten

percent (10%) of the total weight consisting of postconsumer coating.

(52) "Residence" means areas where people reside or lodge, including, but not limited to, the

following:

(A) Single and multiple family dwellings.

(B) Condominiums.

(C) Mobile homes.

(D) Apartment complexes.

(E) Motels.

(F) Hotels.

(53) "Roof coating" means a nonbituminous coating labeled and formulated exclusively for application

to roofs for the primary purposes of preventing penetration of the substrate by water or reflecting heat

and ultraviolet radiation. The term does not include metallic pigmented roof coatings that qualify as

metallic pigmented coatings. These roof coatings shall be considered to be in the metallic pigmented

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coatings category.

(54) "Rust preventive coating" means a coating:

(A) formulated:

(i) exclusively for nonindustrial use; and

(ii) to prevent the corrosion of metal surfaces; and

(B) labeled as specified in section 4(6) of this rule.

(55) "Sanding sealer" means a clear or semitransparent wood coating labeled and formulated for

application to bare wood to:

(A) seal the wood; and

(B) provide a coat that can be abraded to create a smooth surface for subsequent applications of

coatings.

The term does not include a sanding sealer that also meets the definition of a lacquer, but it is

included in the lacquer category.

(56) "SCAQMD" means the South Coast Air Quality Management District in California.

(57) "Sealer" means a coating labeled and formulated for application to a substrate to prevent:

(A) subsequent coatings from being absorbed by the substrate; or

(B) harm to subsequent coatings by materials in the substrate.

(58) "Secondary coating (rework)" means a fragment of a finished coating or a finished coating from a

manufacturing process that has converted resources into a commodity of real economic value. The

term does not include excess virgin resources of the manufacturing process.

(59) "Shellac" means a clear or opaque coating:

(A) formulated solely with the resinous secretions of the lac beetle (Laciffer lacca);

(B) thinned with alcohol; and

(C) formulated to dry by evaporation without a chemical reaction.

(60) "Shop application" means an application of a coating to a product or a component of a product in

or on the premises of a factory or a shop as part of a:

(A) manufacturing;

(B) production; or

(C) repairing;

process.

(61) "Solicit" means to require for use or to specify, by written or oral contract.

(62) "Specialty primer, sealer, and undercoater" means a coating:

(A) labeled as required in section 4(7) of this rule; and

(B) formulated for application to:

(i) a substrate to seal fire, smoke, or water damage;

(ii) condition excessively chalky surfaces;

(iii) seal in efflorescence; or

(iv) block stains.

An excessively chalky surface is one that is defined as having a chalk rating of four (4) or less as

determined by ASTM D4214-98 "Standard Test Methods for Evaluating the Degree of Chalking of

Exterior Paint Films", August 1998*.

(63) "Stain" means a clear, semitransparent, or opaque coating labeled and formulated to change the

color of a surface but not conceal the grain pattern or texture.

(64) "Stone consolidant" means a coating that is labeled and formulated for application to stone

substrates to repair historical structures that have been damaged by weathering or other decay

mechanisms. Stone consolidants must:

(A) penetrate into stone substrates to create bonds between particles and consolidate deteriorated

material; and

(B) be specified and used in accordance with ASTM E2167-01 "Standard Guide for Selection and Use

of Stone Consolidants"*.

(65) "Swimming pool coating" means a coating labeled and formulated to:

(A) coat the interior of swimming pools; and

(B) resist swimming pool chemicals.

(66) "Swimming pool repair and maintenance coating" means a rubber-based coating labeled and

formulated to be used over existing rubber-based coatings for the repair and maintenance of

swimming pools.

(67) "Temperature-indicator safety coating" means a coating labeled and formulated as a

color-changing indicator coating for:

(A) the purpose of monitoring the temperature and safety of the substrate, underlying piping, or

underlying equipment; and

(B) application to substrates exposed continuously or intermittently to temperatures above two

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hundred four (204) degrees Celsius (four hundred (400) degrees Fahrenheit).

(68) "Thermoplastic rubber coating and mastics" means a coating or mastic:

(A) formulated and recommended for application to roofing or other structural surfaces; and

(B) that incorporates not less than forty percent (40%) by weight of thermoplastic rubbers in the total

resin solids and may also contain other ingredients including, but not limited to:

(i) fillers;

(ii) pigments; and

(iii) modifying resins.

(69) "Tint base" means an architectural coating to which colorant is added after packaging in sale

units to produce a desired color.

(70) "Traffic marking coating" means a coating labeled and formulated for marking and striping

streets, highways, or other traffic surfaces, including, but not limited to, the following:

(A) Curbs.

(B) Berms.

(C) Driveways.

(D) Parking lots.

(E) Sidewalks.

(F) Airport runways.

(71) "Undercoater" means a coating labeled and formulated to provide a smooth surface for

subsequent coatings.

(72) "U.S. EPA" means United States Environmental Protection Agency.

(73) "Varnish" means a clear or semitransparent wood coating, excluding lacquers and shellacs,

formulated to dry by chemical reaction. Varnishes may contain small amounts of pigment to:

(A) color a surface; or

(B) control the final sheen or gloss of the finish.

(74) "Volatile organic compound" or "VOC" means a compound as defined in 326 IAC 1-2-90.

(75) "Waterproofing concrete or masonry sealer" means a clear or pigmented coating that is labeled

and formulated for sealing concrete and masonry to provide resistance against the following:

(A) Water.

(B) Alkalis.

(C) Acids.

(D) Ultraviolet light.

(E) Staining.

(76) "Waterproofing sealer" means a coating labeled and formulated for application to a porous

substrate for the primary purpose of preventing the penetration of water.

(77) "Wood preservative" means a coating:

(A) labeled and formulated to protect exposed wood from decay or insect attack; and

(B) that is registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. Section 136).

* These documents are incorporated by reference. Copies are available for review and copying at the

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

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

(Air Pollution Control Board; 326 IAC 8-14-2)

326 IAC 8-14-3 Standards for AIM coatings

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

Affected: IC 13-12

Sec. 3. (a) Except as provided in subsections (c) and (d), on or after January 1, 2011, no person shall:

(1) manufacture, blend, or repackage for sale within the state of Indiana;

(2) supply, sell, or offer for sale within the state of Indiana; or

(3) solicit for application or apply within the state of Indiana;

any AIM coating with a VOC content in excess of the corresponding limit specified in subsection (b).

(b) Compliance with the VOC content limits shall not exceed the following limits:

Coating Category VOC Limit VOC Limit

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(grams/liter) (pounds/gallon)

Flat coatings 100 0.83

Nonflat coatings 150 1.25

Nonflat-high-gloss coatings 250 2.08

Specialty coatings:

Antenna coatings 530 4.42

Antifouling coatings 400 3.33

Bituminous roof coatings 300 2.50

Bituminous roof primers 350 2.92

Bond breakers 350 2.92

Calcimine recoaters 475 3.96

Clear wood coatings:

Clear brushing lacquers 680 5.67

Lacquers, including clear lacquer sanding sealers 550 4.59

Sanding sealers, excluding clear lacquers 350 2.92

Varnishes other than conversion varnishes 350 2.92

Conjugated oil varnish 450 3.75

Conversion varnish 725 6.04

Concrete curing compounds 350 2.92

Concrete surface retarders 780 6.50

Dry fog coatings 400 3.33

Faux finishing coatings 350 2.92

Fire-resistive coatings 350 2.92

Fire-retardant coatings (clear) 650 5.42

Fire-retardant coatings (opaque) 350 2.92

Floor coatings 250 2.08

Flow coatings 420 3.50

Form-release compounds 250 2.08

Graphic arts coatings (sign paints) 500 4.17

High temperature coatings 420 3.50

Impacted immersion coatings 780 6.50

Industrial maintenance coatings 340 2.83

Low-solids coatings 120 1.00

Magnesite cement coatings 450 3.75

Mastic texture coatings 300 2.50

Metallic pigmented coatings 500 4.17

Multicolor coatings 250 2.08

Nuclear coatings 450 3.75

Pretreatment wash primers 420 3.50

Primers, sealers, and undercoaters 200 1.67

Quick-dry enamels 250 2.08

Quick-dry primers, sealers, and undercoaters 200 1.67

Recycled coatings 250 2.08

Roof coatings 250 2.08

Rust preventive coatings 400 3.33

Shellacs (clear) 730 6.09

Shellacs (opaque) 550 4.59

Specialty primers, sealers, and undercoaters 350 2.92

Stains 250 2.08

Stone consolidants 450

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Swimming pool coatings 340 2.83

Swimming pool repair and maintenance coatings 340 2.83

Temperature-indicator safety coatings 550 4.59

Thermoplastic rubber coatings and mastics 550 4.59

Traffic marking coatings (ozone season-May 1 to September 30) 91 0.76

Traffic marking coatings (nonozone season- October 1 to April 30) 150 1.25

Waterproofing sealers 250 2.08

Waterproofing concrete or masonry sealers 400 3.33

Wood preservatives 350 2.92

Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams per liter.

(c) If anywhere on the container of an AIM coating, or any label or sticker affixed to the container, or in

any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf,

any representation is made that indicates that the coating meets the definition or is recommended for use

for more than one (1) of the categories listed in subsection (b), then the category with the most restrictive

VOC content limit shall apply. This provision does not apply to the coating categories specified as

follows:

(1) Lacquer coatings, including lacquer sending sealers.

(2) Metallic pigmented coatings.

(3) Shellacs.

(4) Fire-retardant coatings.

(5) Pretreatment wash primers.

(6) Industrial maintenance coatings.

(7) Low-solids coatings.

(8) Wood preservatives.

(9) High temperature coatings.

(10) Temperature-indicator safety coatings.

(11) Antenna coatings.

(12) Antifouling coatings.

(13) Flow coatings.

(14) Bituminous roof primers.

(15) Specialty primers, sealers, and undercoaters.

(16) Thermoplastic rubber coatings and mastics.

(17) Calcimine recoaters.

(18) Impacted immersion coatings.

(19) Nuclear coatings.

(d) The following sell through provisions apply to AIM coatings:

(1) A coating manufactured prior to January 1, 2011, may be sold, supplied, or offered for sale until

January 1, 2014.

(2) A coating manufactured before January 1, 2011, may be applied at any time both before and after

January 1, 2011, so long as the coating complied with the standards in effect at the time the coating

was manufactured.

(3) The provisions in subdivisions (1) and (2) do not apply to any coating that does not display the date

or date code required by section 4(1) of this rule.

(e) The following work practices are required:

(1) All AIM coatings containers used to apply the contents therein to a surface directly from the

container by:

(A) pouring;

(B) siphoning;

(C) brushing;

(D) rolling;

(E) padding;

(F) ragging; or

(G) other means;

shall be closed when not in use.

(2) Containers of any VOC-containing materials used for thinning and cleanup shall be closed when

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not in use.

(f) No person who applies or solicits the application of any AIM coating shall apply a coating that is

thinned to exceed the applicable VOC limit specified in subsection (b).

(g) No person shall apply or solicit the application of any rust preventative coating for industrial use,

unless the rust preventative coating complies with the industrial maintenance coating VOC content limit

specified in subsection (b).

(h) If a coating does not meet any of the definitions for the specialty coatings categories listed in

subsection (b), the VOC content limit shall be determined by classifying the coating as a flat coating,

nonflat coating, or nonflat-high-gloss coating as defined in section 2 of this rule. The corresponding flat

or nonflat coating VOC content limit shall apply.

(Air Pollution Control Board; 326 IAC 8-14-3)

326 IAC 8-14-4 Container labeling

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

Affected: IC 13-12

Sec. 4. On and after January 1, 2011, each manufacturer of any AIM coating subject to this rule shall

prominently display the following information on the coating container or label in which the coating is

sold or distributed:

(1) A date code, as follows:

(A) The date the coating was manufactured, or a date code representing the date, shall be indicated

on the label, lid, or bottom of the container.

(B) If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation

of each code with the department.

(2) Thinning recommendations, as follows:

(A) A statement of the manufacturer's recommendation regarding thinning of the coating shall be

indicated on the label or lid of the container.

(B) This requirement does not apply to the thinning of architectural coatings with water.

(C) If thinning of a coating prior to use is not necessary, the recommendation must specify that the

coating is to be applied without thinning.

(3) VOC content, as follows:

(A) Each container of any coating subject to this rule shall display either the maximum or the actual

VOC content of the coating, as supplied, including the maximum thinning recommended by the

manufacturer.

(B) VOC content shall be displayed in grams of VOC per liter of coating.

(C) VOC content displayed shall be:

(i) calculated using product formulation data; or

(ii) determined using the test methods in section 6(b) of this rule.

The equations in section 6(a) of this rule shall be used to calculate VOC content.

(4) The label or the lid of the container in which an industrial maintenance coating is sold or

distributed shall display one (1) or more of the following industrial maintenance coatings descriptions:

(A) "For industrial use only".

(B) "For professional use only".

(C) "Not for residential use".

(D) "Not intended for residential use".

(5) The labels of all clear brushing lacquers shall prominently display the following statements:

(A) "For brush application only".

(B) "This product must not be thinned or sprayed".

(6) The labels of all rust preventive coatings shall prominently display the statement "For metal

substrates only".

(7) The labels of all specialty primers, sealers, and undercoaters shall prominently display one (1) or

more of the following descriptions:

(A) "For blocking stains".

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(B) "For fire-damaged substrates".

(C) "For smoke-damaged substrates".

(D) "For water-damaged substrates".

(E) "For excessively chalky substrates".

(F) "To seal in efflorescence".

(8) The labels of all quick dry enamels shall prominently display the words "Quick Dry" and the dry

hard time.

(9) The labels of all nonflat-high-gloss coatings shall prominently display the words "High Gloss".

(10) The labels of all stone consolidants shall prominently display the statement "Stone

Consolidant-For Professional Use Only".

(Air Pollution Control Board; 326 IAC 8-14-4)

326 IAC 8-14-5 Recordkeeping and reporting requirements

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

Affected: IC 13-12

Sec. 5. (a) Each manufacturer of a product subject to a VOC content limit in section 3(b) of this rule

shall keep records demonstrating compliance with the VOC content limits. The records shall clearly list

each product by all of the following:

(1) Name.

(2) Identifying number if applicable.

(3) VOC content as determined by section 6 of this rule.

(4) Name or names and chemical abstract service (CAS) number of the VOC constituents in the

product.

(5) Dates of the VOC content determinations.

(6) Coating category and applicable VOC content limit.

(b) The records required by subsection (a) shall be:

(1) kept for a period not less than five (5) years; and

(2) made available to the department for inspection within ninety (90) days of request.

(c) Each manufacturer shall, upon request of the department, provide data concerning the distribution

and sales of coatings subject to a VOC content limit in section 3(b) of this rule. The manufacturer shall

within ninety (90) days provide the following information:

(1) The name and mailing address of the manufacturer.

(2) The name, address, and telephone number of a contact person.

(3) The name of the product as it appears on the label and the coating category under which it is

regulated, as listed in section 3(b) of this rule.

(4) Whether the coating is marketed for interior use or exterior use, or both.

(5) The number of gallons sold in the state of Indiana in containers greater than one (1) liter.

(6) The actual VOC content and VOC content in grams per liter. If thinning is recommended, list the

actual VOC content and VOC content limit after recommended thinning.

(7) The names and CAS number of the VOC constituents in the product.

(d) Manufacturers of an AIM coating that contains perchloroethylene or methylene chloride shall,

within thirty (30) days upon request of the department, submit a report to the department that includes the

following information for the product sold in the state during the previous twelve (12) months from the

date of the department's request:

(1) The product's brand name and a copy of the product label with the legible usage instructions.

(2) The coating category, listed in section 3(b) of this rule, to which the coating belongs.

(3) The total sales during the twelve (12) month period to the nearest gallon.

(4) The volume percent, to the nearest one-tenth of one percent (0.10%), of perchloroethylene and

methylene chloride in the coating.

(e) Manufacturers of recycled coatings shall, within thirty (30) days upon request of the department,

submit a letter to the department certifying their status as a recycled paint manufacturer. The report shall

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include the following information for all recycled coatings for the previous twelve (12) months from the

date of the department's request:

(1) The total number of gallons distributed in Indiana during the twelve (12) month period.

(2) A description of the method used by the manufacturer to calculate state distribution.

(f) Manufacturers of bituminous roof coatings or bituminous roof primers shall, within thirty (30) days

upon request of the department, submit a report that includes the following information for the previous

twelve (12) months from the date of the department's request:

(1) The total number of gallons of bituminous roof coatings or bituminous roof primers sold in Indiana

during the twelve (12) month period.

(2) A description of the method used by the manufacturer to calculate state sales.

(Air Pollution Control Board; 326 IAC 8-14-5)

326 IAC 8-14-6 Compliance provisions and test methods

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

Affected: IC 13-12

Sec. 6. (a) For the purpose of determining compliance with the VOC content limits in section 3(b) of

this rule, the VOC content of a coating shall be determined using the procedures described in subdivision

(1) or (2), as appropriate. The VOC content of a tint base shall be determined without colorant that is

added after the tint base is manufactured. VOC content shall be determined as follows:

(1) With the exception of low-solids coatings, determine the VOC content in grams of VOC per liter of

coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water

and exempt compounds, using the following equation:

Where: VOC Content = grams of VOC per liter of coating

Ws= weight of volatiles, in grams

Ww= weight of water, in grams

Wec= weight of exempt compounds, in grams

Vm= volume of coating, in liters

Vw= volume of water, in liters

Vec= volume of exempt compounds, in liters

(2) For low solid coatings, determine the VOC content in units of grams of VOC per liter of coating

thinned to the manufacturer's maximum recommendation, including the volume of any water and

exempt compounds, using the following equation:

Where: VOC Contentls = the VOC content of a low-solids coating in grams per liter of

coating

Ws= weight of volatiles, in grams

Ww= weight of water, in grams

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Wec

= weight of exempt compounds, in grams

Vm= volume of coating, in liters

(b) To determine the physical properties of a coating in order to perform the calculations in subsection

(a), the reference method for VOC content is Method 24 of 40 CFR Part 60, Appendix A*, except as

provided in subsections (c) and (d). An alternative method to determine the VOC content of coatings is

SCAQMD Method 304-91* "Determination of Volatile Organic Compounds in Various Materials", February

1996. The exempt compounds content shall be determined by SCAQMD Method 303-91* "Determination of

Exempt Compounds", February 1993. To determine the VOC content of a coating, the manufacturer may

use Method 24 of 40 CFR Part 60, Appendix A*, or an alternative method, as provided in subsection (c),

formulation data, or any other reasonable means for predicting that the coating has been formulated as

intended, for example, quality assurance checks, recordkeeping. However, if there are any

inconsistencies between the results of a test conducted utilizing Method 24 of 40 CFR Part 60, Appendix

A* and any other means for determining VOC content, the results of the test utilizing Method 24 of 40 CFR

Part 60, Appendix A* will govern, except when an alternative method is approved as specified in

subsection (c). The department may require the manufacturer to conduct an analysis using Method 24 of

40 CFR Part 60, Appendix A*.

(c) The use of alternative test methods demonstrated to provide results that are acceptable for

purposes of determining compliance with subsection (b) after review and approval in writing by the

department and the U.S. EPA may be used.

(d) Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall be

conducted according to a modification of Method 24 of 40 CFR Part 60, Appendix A*. This method has not

been approved for methacrylate multicomponent coatings used for purposes other than as traffic marking

coatings or for other classes of multicomponent coatings.

*These documents are incorporated by reference. Copies are available for review and copying at the

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

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

(Air Pollution Control Board; 326 IAC 8-14-6)

326 IAC 8-14-7 Application of traffic marking materials

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

Affected: IC 13-12

Sec. 7. (a) After January 1, 2011, during the ozone season (May 1 through September 30), no person

may cause, allow, or permit the application of traffic marking material that exceeds the following limits:

(1) For traffic marking material that is a liquid at the time of application, the VOC content limits listed in

section 3(b) of this rule.

(2) For field-reacted traffic marking material, or for traffic marking material that is not measurable as a

liquid at the time of application, a VOC emission rate of three and six-tenths (3.6) kilograms per

stripe-kilometer or twelve and two-tenths (12.2) pounds per stripe-mile.

(b) Any person subject to this section who applies traffic marking material shall maintain the following

records:

(1) Types and amounts of traffic marking materials purchased annually.

(2) The VOC content or emission rate of each type of traffic marking material applied in any of the

following:

(A) Grams per liter.

(B) Pounds per gallon.

(C) Kilograms per stripe-kilometer.

(D) Pounds per stripe-mile.

(3) Monthly quantities of each type of traffic marking material applied.

Indiana Register

Date: Dec 09,2010 9:13:05AM EST DIN: 20100721-IR-326060604PRA Page 21
(c) The records required in subsection (b) shall be:

(1) kept for a period of five (5) years after the traffic marking material is applied; and

(2) made available to the department for inspection within ninety (90) days of the request.

(Air Pollution Control Board; 326 IAC 8-14-7)

Notice of Public Hearing

Posted: 07/21/2010 by Legislative Services Agency

An html version of this document.

Indiana Register

Date: Dec 09,2010 9:13:05AM EST DIN: 20100721-IR-326060604PRA Page 22
H
ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V)

I. The submittal is accompanied by a formal letter ofsubmittal

from the governor or his designee.

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

or body ofregulations; or issued the permit, order, consent

agreement ("document"); in final form.

a. Date of adoption or final issuance:

b. The effective date ofthe plan, if different

from the adoption/issuance date.

3. Evidence that the State has the necessary legal authority

under state law to adopt and implement the plan.

4. A copy ofthe actual regulation or document submitted for

approval and incorporation by reference into the plan,

including the following:

a. Indication ofthe changes made to the existing

approved plan, where applicable.

b. The submittal shall be a copy ofthe official State

regulation or document signed, stamped, dated by

the appropriate state official indicating that it is fully

enforceable by the State. Effective date shall be stated

in the document itself.

Enclosed

Attachment B

September I, 20 I0

December I, 2010

IC 13-14-8

Attachment A

5. Evidence that the State followed all ofthe procedural Attachment B

requirements ofthe State's laws and constitution in

conducting and completing the adoption/issuance ofthe plan.

6. Evidence that public notice was given, including date of Attachment D

proof of publication.

_X_Notice of First Public Hearing and Publisher's Affidavits

_X_ Notice of Second Public Hearing and Publisher's Affidavits

7. Certification that public hearings were held in accordance Attachments E and F

with information provided in public hearing notice.

_X_ Transcript from First Public Hearing

_X_ Transcript from Second Public Hearing

8. Compilation of public comments and State's response. Attachments C and G

_X_ Second Notice

_X_ Proposed Rule

_N/A_Third Comment Period

9. Technical support (ifsource specific rule change). N/A