U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

OCT 2 3 2009 

U.S. EPA 'AItbbi~lt J 

OFFICE OF REGIONAL ADMINISTUWr 

Re: Indiana Infrastructure (Section 1 1 O(a)(l) and (2)) 

State Implementation Plan Submittal 

Dear Mr. Mathur: 

I am writing to confirm that the State of Indiana continues to retain the resources necessary to 

evaluate ambient air quality, develop plans to attain new and existing ambient air quality standards, run 

a complete new source review program, and effectively enforce all applicable requirements of Section 

1 10 of the Clean Air Act. Specifically, the Indiana Department of Environmental Management 

(IDEM) can implement and satisfactorily complete the Section 1 10 requirements listed below. We satisfy these requirements for the current and any prospective future air quality standards, including the 

2006 24-hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS). 

The SIP elements listed below are required under section 110(a)(l) and (2). Section 110(a)(l) 

provides the procedural and timing requirements for State Implementation Plans (SIPs). Section 

1 10(a)(2) lists the basic or "infrastructure" elements that all SIPs must contain. Following each 

Section 1 10(a)(2) element is IDEM'S discussion as to the department's ability to fulfill the 

requirement. 

Section 1 1 O(aI(2) elements 

Section 1 lO(a)(2)(A)-Emission limits and other control measures: Section 1 10(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or techniques, and 

schedules for compliance. 

IDEM continues to update and implement needed revisions to Indiana's SIP as necessary to meet ambient air quality standards. The authority to adopt emission standards and compliance schedules is found at Indiana Code 13-14-8, IC 13-17-3-4, IC 13-17-3-11, and 

IC 13-17-3-14. 

Section 1 lO(a)(2)(B)-Ambient air quality monitoringtdata system: Section 1 10(a)(2)(B) requires 

SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air quality data, and making these data available to EPA upon 

request. 

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(PSD) and nonattainment NSR requirements. 

IDEM maintains an enforcement program to ensure compliance with SIP requirements. 

Indiana Code 13-14-1-12 provides the commissioner with the authority to enforce rules 

"consistent with the purposes of the air pollution control laws". The commissioner also 

has the authority, under IC 13-14-2-7 and IC 13-17-3-3, to assess civil penalties and obtain 

compliance with any applicable rule a board has adopted in order to enforce air pollution 

control laws. Additionally, IC 13-14-10-2 allows for an emergency restraining order that 

will prevent "any person causing or contributing to the alleged pollution to stop 

the. ..introduction of contaminants causing or contributing to the pollution." 

Section 1 lO(a)(2)@)-Interstate transport provisions: Section 1 10(a)(2)(D) requires SIPs to 

include provisions prohibiting any source or other type of emissions activity in one State from 

contributing significantly to nonattainment, or interfering with maintenance, or the NAAQs in another 

State, or from interfering with measures required to prevent significant deterioration of air quality or to 

protect visibility in another State. 

IDEM has adopted and implemented the various major programs related to the interstate 

transport of pollution. Indiana Administrative Code (IAC) 326 IAC 1-7 (Stack Height 

Provisions), 326 IAC 21-1 (Acid Deposition Control), and 326 IAC 10-4 (Nitrogen Oxides Budget Trading Program), all address Congressional and U.S. EPA concerns over the 

transport of emissions of regulated pollutants that could significantly contribute to 

nonattainment or interfere with maintenance in any other state. When the U.S. EPA 

promulgates new rules concerning interstate transport, IDEM will address these issues also. 

Indiana also has a rule that addresses the requirements associated with the federal Clean 

Air Interstate Rule (326 IAC 24-1,326 IAC 24-2,326 IAC 24-3). As with the federal Clean 

Air Interstate Rule, Indiana's rule remains in effect, has been implemented, and is being 

enforced. Indiana will amend its rule once the federal Clean Air Interstate Rule is 

amended or replaced. 

Indiana's SIP approved prevention of significant deterioration (PSD) rules are found in 

326 IAC 2-2. Early next year, 2010, IDEM will be submitting the final Regional Haze 

SIP, including Best Available Retrofit Technology (BART) requirements, to U.S. EPA to 

address Indiana's contribution to visibility in Class 1 areas. 
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therefore, there is no potential for conflicts of interest. 

Section llO(a)(2)(F)-Stationary source monitoring system: Section 1 10(a)(2)(F) requires States to 

establish a system to monitor emissions from stationary sources, to submit periodic emissions reports, 

to correlate the emissions reports with the corresponding SIP emission limits and standards, and to 

make emissions reports available to the public. 

Indiana's rules for monitoring requirements contained in 326 IAC 3 include rules that 

specify the continuous monitoring of emissions, minimum performance and operating specifications, quality assurance requirements, record keeping requirements, source 

sampling procedure, and fuel sampling and analysis procedures. Additional emission 

reporting requirements are found in 326 IAC 2-6. Currently the state rules at 326 LAC 3 

are being revised and when completed, the revised rules will be submitted to U.S. EPA for SIP approval. Emission reports are available upon request by U.S. EPA or other 

interested parties. 

Section 1 lO(a)(2)(G)-Emergency episodes: Section 1 10(a)(2)(G) requires States to provide for 

authority to address activities causing imminent and substantial endangerment to public health and to 

provide for adequate contingency plans to implement the emergency episode provisions in their SIPs. 

326 IAC 1-5 (Episode Alert Levels) establishes air pollution episode levels based on 

concentrations of criteria pollutants. The rule requires that emergency reduction plans (ERP) be submitted to the commissioner by applicable major air pollution sources. The 

ERP9s shall state those actions that will be taken when each episode level is declared, to 

reduce or eliminate emissions of the appropriate air pollutants. There have been no 24- 

hour PM2.S levels greater than 140.4 pg/m3 in Indiana since the standard was established 

in 2006, or since Indiana began monitoring in 1999. IDEM certifies that it has appropriate general emergency powers to address PMzs related episodes, but given the 

existing monitored levels of PM2.s, it should not be necessary to implement the emergency 

powers, which include the authority to issue Commissioner Orders. 

Section 1 lO(a)(2)(H)-Future SIP revisions: Section 1 10(a)(2)(H) requires States to have the 

authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

IDEM continues to update and implement needed revisions to Indiana's SIP as necessary 

to meet ambient air quality standards. Authority to adopt emissions standards and 

compliance schedules is found at Indiana Code 13-14-8, IC 13-17-3-4, IC 13-17-3-11, and 

IC 13-17-3-14. 
public if NAAQS are exceeded in an area and to enhance public awareness of measure that can be 

taken to prevent exceedances. 

IDEM monitors air quality daily and when necessary reports the daily air quality index to the interested public and media. IDEM participates and submits information to U.S. 

EPA's AIRNOW program. Additionally, IDEM maintains SmogWatch which is an 

informational tool created by IDEM to share air quality forecasts each day. SmogWatch 

provides daily information about ground-level ozone, particulate matter concentration levels, health information, and monitoring data for seven regions in Indiana. 

Section llO(a)(2)(J)-PSD and visibility protection: Section 1 10(a)(2)(J) also requires SIPs to meet 

applicable requirements of part C related to prevention of significant deterioration and visibility 

protection. 

Indiana's SIP-approved prevention of significant deterioration (PSD) rules are found in 

326 IAC 2-2. Early next year, 2010, IDEM will be submitting the final Regional Haze 

SIP, including Best Available Retrofit Technology (BART) requirements, to U.S. EPA to 

address Indiana's contribution to visibility in Class 1 areas. 

Section 1 1 O(a)(2)(K)-Air quality modelingldata: Section 1 10(a)(2)(K) requires that SIPs provide 

for performing air quality modeling for predicting effects on air quality of emissions of any NAAQS 

pollutant and submission of such data to EPA upon request. 

IDEM reviews the potential impact of major and some minor new sources. Indiana's 

rules regarding air quality monitoring modeling are contained in 326 IAC 2-2-4,326 IAC 

2-2-5,326 IAC 2-2-6, and 326 IAC 2-2-7. Modeling data are available upon request by 

U.S. EPA or other interested parties. 

Section llO(a)(2)(L)-Permitting fees: Section 1 10(a)(2)(L) requires SIPs to require each major 

stationary source to pay permitting fees to cover the cost of reviewing, acting upon, implementing, and 

enforcing a permit until such fee requirement is superseded by EPA approval of a fee program under 

Title V of the Clean Air Act. 

IDEM continues to implement the approved Title V program, including requiring major 

sources to pay permit fees. The authority to establish Title V permit fees are found at 

Indiana Code 13-17-8. The fees for Title V are found at 326 IAC 2-7-19. Additional fees 

that may apply to Title V sources are found at 326 IAC 2-1.1-7. Fees for FESOPs are 

found at 326 IAC 2-8-16 and 326 IAC 2-8-18. IDEM is currently reorganizing the rule 

structure so these citations are expected to change once the work is completed. 
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to continue to satisfy these requirements of the Clean Air Act. If you have any questions, please feel 

free to contact Mr. Scott Deloney, Chief, Air Programs Branch at (3 17) 233-5694. 

Office of AQ ~uality) 

cc: Steve Rosenthal 

Thomas W. Easterly 

Dan Murray 

Scott Deloney 

Commissioner SIP file 

Rules SLP file