Appendix 6 - Smoke Management 
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Appendix 6 - 1 

App. 6 1. Indiana Burning Regulations 

TITLE 326 AIR POLLUTION CONTROL BOARD 

ARTICLE 4. BURNING REGULATIONS 

Rule 1. Open Burning 

326 IAC 4-1-0.5 Definitions 

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

Affected: IC 13-12; IC 13-17-9; IC 36-9-27-2 

Sec. 0.5. Unless otherwise stated, the following definitions apply to this rule: 

(1) "Adequate fire fighting equipment" means equipment sufficient and appropriate under the 

circumstances to extinguish the fire. 

(2) "Clean petroleum products" means an uncontaminated, refined petroleum product, such as kerosene or 

diesel fuel, not previously used in any application. 

(3) "Clean wood products" means wood products, including vegetation, that are not coated with stain, paint, 

glue, or other coating material. 

(4) "Drainage ditch" shall have the meaning of regulated drain or open drain under IC 36-9-27-2. 

(5) "Emergency burning" means the burning of clean wood waste or deceased animals caused by a natural 

disaster or an uncontrolled event such as the following: 

(A) A tornado. 

(B) High winds. 

(C) An earthquake. 

(D) An explosion. 

(E) A hail storm, a rain storm, or an ice storm. 

(6) "Open burn" means the burning of any materials wherein air contaminants resulting from combustion 

are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber. 

(7) "Open burning approval" means an authorization allowing an activity that otherwise is not exempt or 

allowed by law. 

(Air Pollution Control Board; 326 IAC 4-1-0.5; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3340; readopted filed Jan 10, 

2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-1 Scope 

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

Affected: IC 13-12; IC 13-17-9-3 

Sec. 1. The requirements of this rule establish standards for open burning that would result in emissions of 

regulated pollutants. This rule applies to all open burning except for the following: 

(1) Open burning by and at a source that has obtained a registration or permit under 326 IAC 2-5.1, 326 

IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8 that specifically regulates the open burning to be performed by 

and at the source. This rule does apply to open burning not addressed in such a registration or permit, or if 

the registration or permit requires compliance with this rule. 

(2) Except as provided in IC 13-17-9-3, where open burning allowed under this rule is prohibited by other 

state or local laws, regulations, or ordinances. 

(Air Pollution Control Board; 326 IAC 4-1-1; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2419; filed Jul 30, 1996, 2:00 

p.m.: 19 IR 3340; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1067; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-2 Prohibition against open burning 

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

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

Sec. 2. Open burning is prohibited except as allowed in this rule. The department encourages alternatives to 

open burning, such as sale or reuse. (Air Pollution Control Board; 326 IAC 4-1-2; filed Mar 10, 1988, 1:20 p.m.: 11 
Appendix 6 - 2 

IR 2419; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1126; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3341; readopted filed Jan 10, 

2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-3 Exemptions 

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

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

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

(1) A person may open burn the following: 

(A) Vegetation from any of the following: 

(i) A farm. 

(ii) An orchard. 

(iii) A nursery. 

(iv) A tree farm. 

(v) A cemetery. 

(vi) A drainage ditch. 

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

(B) Wood products derived from the following: 

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

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

an unincorporated area. 

(C) Undesirable: 

(i) wood structures on real property; or 

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

located on real property; 

located in an unincorporated area. 

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

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

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

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

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

the following: 

(i) High winds. 

(ii) Temperature inversions. 

(iii) Air stagnation. 

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

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

(E) Asbestos containing materials may not be burned. 

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

the following conditions apply to any fire allowed by this subsection: 

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

(2) If at any time a fire creates a: 

(A) pollution problem; 

(B) threat to public health; 

(C) nuisance; or 

(D) fire hazard; 

it shall be extinguished. 

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

following: 

(A) High winds. 

(B) Temperature inversions. 

(C) Air stagnation. 

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

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

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

(6) Burning shall be conducted during daylight hours only, and all fires shall be extinguished before sunset. 
Appendix 6 - 3 

(c) The following types of fires are allowed: 

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

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

conditions: 

 (A) Only: 

(i) clean wood products; 

(ii) paper; 

(iii) charcoal; or 

(iv) clean petroleum products; 

may be burned. 

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

hours before any burning where the size of the pile being burned is more than one hundred twentyfive (125) cubic feet. 

(C) Fires shall: 

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

and 

(ii) be extinguished upon conclusion of the activity. 

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

one (1) pile may be burned at a time. 

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

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

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

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

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

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

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

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

(ii) has enclosed sides and a bottom. 

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

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

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

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

conditions: 

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

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

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

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

prevention; United States Department of the Interior burning, to facilitate a National Park Service Fire 

Management Plan for the Indiana Dunes National Lakeshore, for example; and United States Department 

of Agriculture, Forest Service burning, to facilitate wildlife habitat maintenance, forestry purposes, natural 

area management, ecosystem management, and fire-fighting or prevention. Burning shall be subject to 

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

(A) If the fire creates a: 

(i) nuisance; 

(ii) fire hazard; or 

(iii) pollution problem; 

it shall be extinguished. 

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

the following: 

(i) High winds. 

(ii) Temperature inversions. 

(iii) Air stagnation. 

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

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

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

subsection (b) or this subdivision. 
Appendix 6 - 4 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the following: 

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

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

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

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

fuel that can be burned each day shall be determined as follows: 

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

the maximum volume allowed in clause (B) for that fuel. 

(ii) The sum of the percentages for each fuel burned each day shall not 

exceed one hundred percent (100%). 

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

enclosure that has enclosed sides and a bottom. 

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

contamination or uncontrolled spread of the fire. 

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

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

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

filed Mar 21, 2007, 2:48 p.m.: 20070418-IR-326050268FRA)

326 IAC 4-1-4 Emergency burning 

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

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

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

agent may be authorized for the following: 

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

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

or water pollution problem; or 

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

burn would result in an imminent health or safety hazard. 

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

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

established in the oral approval. (Air Pollution Control Board; 326 IAC 4-1-4; filed Mar 10, 1988, 1:20 p.m.: 11 IR 

2420; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-4.1 Open burning approval; criteria and conditions 

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

Affected: IC 4-21.5; IC 13-12; IC 13-17-9 

Sec. 4.1. (a) Burning not exempted by section 3 or 4 of this rule may be authorized by the issuance of an 

approval by the commissioner or the commissioner's designated agent after consideration of an approval application. 

Such burning may be authorized for, but not limited to, the following: 
Appendix 6 - 5 

(1) Burning for the purpose of fire training. 

(2) Burning of natural growth derived from a clearing operation, such as removal of natural growth for 

change in use of the land. 

(3) Burning of highly explosive or other dangerous materials for which no alternative disposal method 

exists or where transportation of such materials is hazardous. 

(4) Burning of clean wood products. 

(5) Burning of natural growth for the purpose of land management. 

(b) The following criteria may be considered for approval under this section: 

(1) The applicant has demonstrated that alternative methods for disposal are impractical or prohibitively 

expensive. 

(2) There are not more than five (5) residences or structures within five hundred (500) feet of the proposed 

burning site. 

(3) There have been no open burning violations at the site of the proposed burning or by the applicant. 

(4) If the application involves a structure for fire training, the structure has not been demolished prior to 

training activities. 

(5) The burning site is located in a county not designated as a nonattainment area for PM10 or ozone and is 

not located in Clark or Floyd County. The commissioner or the commissioner's agent may allow open 

burning in these areas, subject to conditions necessary to protect air quality. 

(c) No approval shall be granted at any time for residential burning in Clark, Floyd, Lake, or Porter County. 

(d) Any approval shall be subject to the following conditions unless otherwise stipulated in the open 

burning approval letter: 

(1) Only clean wood products shall be burned. 

(2) No asbestos-containing material shall be burned. 

(3) No burning shall be conducted during unfavorable meteorological conditions, such as: 

(A) high winds, temperature inversions, or air stagnation; or 

(B) when a pollution alert or ozone action day has been declared. 

(4) Burning shall be conducted during daylight hours only and all fires shall be extinguished prior to sunset. 

(5) If at any time the fire creates: 

(A) an air pollution problem; 

(B) a threat to public health; 

(C) a nuisance; or 

(D) a fire hazard; 

the burning shall be extinguished. 

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

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

(7) The approval letter shall be made available at the burning site to state and local officials upon request 

except during emergency burning. 

(8) Adequate fire fighting equipment shall be on-site for extinguishing purposes during burning times. 

(9) No burning shall take place within: 

(A) one hundred (100) feet of any structure or powerline; or 

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

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

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

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

(12) No waste that is regularly generated as a result of a routine business operation shall be burned. 

(13) The material to be burned shall not exceed one thousand (1,000) cubic feet. 

(e) An approval letter shall be valid for no longer than one (1) year from the date of issuance. However, an 

approval letter may be valid for as long as five (5) years if the approval application is accompanied by an open 

burning plan. The plan shall: 

(1) contain a description of the open burning proposed for the period of time for which an approval letter is 

sought; and 

(2) be incorporated as a condition of the approval letter under subsection (d) or (f). 

Any change in the plan must receive an additional approval letter, unless the change is to reduce open burning or the 

change is to conduct burning exempted under section 3 of this rule. The plan shall be available for review upon the 

request by the department. 
Appendix 6 - 6 

(f) The commissioner or the commissioner's designated agent may add conditions to an approval letter, as 

necessary, to prevent a public nuisance or protect the public health or the environment. Such conditions may be 

based on local air quality conditions, including whether the area is a nonattainment county as defined in 326 IAC 1-

4-1 or has been redesignated from nonattainment to attainment status. 

(g) A decision on the open burning approval letter is subject to IC 4-21.5 (Administrative Orders and 

Procedures Act). 

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

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

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

Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 IAC 4-1-

4.1; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Nov 15, 

2002, 11:17 a.m.: 26 IR 1077)

326 IAC 4-1-4.2 Open burning; approval revocation 

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

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

Sec. 4.2. The commissioner or the commissioner's designated agent may revoke an approval letter if the 

applicant: 

(1) violates any requirement of section 4.1(d) of this rule; 

(2) violates any condition added to the approval letter under section 4.1(f) of this rule; or 

(3) falsifies information on an application for an approval. 

(Air Pollution Control Board; 326 IAC 4-1-4.2; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3344; readopted filed Jan 10, 

2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-4.3 Open burning approval; delegation of authority 

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

Affected: IC 4-21.5; IC 13-12; IC 13-17-9 

Sec. 4.3. The commissioner may delegate the authority to issue open burning approval letters in accordance 

with this section to a local health department, fire department, solid waste management district, or other agency 

upon a demonstration that the agency: 

(1) has the necessary legal authority and resources to implement an approval program that is at least as 

protective of the public health, welfare, and the environment as the provisions of this rule; and 

(2) commits to implement the program described in subdivision (1) and to follow the public notification 

procedures of IC 4-21.5 in the issuance of approval letters. 

The commissioner may establish conditions for the delegation and may revoke any such delegation if the 

commissioner determines that any condition has not been satisfied or the circumstances under which the delegation 

was issued have changed. (Air Pollution Control Board; 326 IAC 4-1-4.3; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3344; 

readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-5 Liability for fire 

Authority: IC 13-1-1-4; IC 13-7-7 

Affected: IC 13-1-1 

Sec. 5. Any person who allows the accumulation or existence of combustible material which constitutes or 

contributes to a fire causing air pollution may not refute liability for violation of this rule (326 IAC 4-1) on the basis 

that said fire was set by vandals, accidental, or an act of God. (Air Pollution Control Board; 326 IAC 4-1-5; filed 

Mar 10, 1988, 1:20 pm: 11 IR 2420; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-6 Air curtain destructors; approval; exemptions 

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

Affected: IC 13-12; IC 13-17-9 
Appendix 6 - 7 

Sec. 6. (a) An owner or operator of an air curtain destructor as defined in 326 IAC 1-2-2.5 shall submit an 

application to the department to obtain a letter of approval from the commissioner or the commissioner's designated 

agent prior to its installation or operation at a new site. The owner or operator: 

(1) shall not operate the air curtain destructor unless the owner or operator holds a valid letter of approval; 

and 

(2) shall maintain the letter of approval at the air curtain destructor site at all times for verification by state 

or local officials. 

(b) Burning exempted under section 3 of this rule does not require a letter of approval from the 

commissioner under this section. However, the burning shall comply with the conditions set forth in section 7 of this 

rule. (Air Pollution Control Board; 326 IAC 4-1-6; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1126; filed Jul 30, 1996, 2:00 

p.m.: 19 IR 3345; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

326 IAC 4-1-7 Air curtain destructors; approval conditions 

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

Affected: IC 4-21.5; IC 13-12; IC 13-17-9 

Sec. 7. (a) To obtain an air curtain destructor letter of approval, the owner or operator shall ensure that 

installation and operation of such air curtain destructor will comply with subdivisions (1) through (22) as follows. 

Burning shall be terminated immediately at any air curtain destructor site that does not comply with this section. 

(1) Only untreated wood products shall be burned, except for minimal amounts of uncontaminated 

petroleum products that may be used for ignition. 

(2) Burning shall not be conducted during unfavorable meteorological conditions, such as high winds or air 

stagnation or when a pollution alert or ozone action day has been declared. 

(3) The air curtain destructor shall not be operated prior to one (1) hour after official sunrise, the fire shall 

not be fed after two (2) hours before official sunset, the fire must be completely extinguished by official 

sunset, and at least one (1) foot of dirt must be placed over the ashes in the pit by official sunset. 

(4) An air curtain destructor site shall be located no less than two hundred fifty (250) feet from any private 

residence, public roadway, power line, or structure, and no less than five hundred (500) feet from any 

pipeline or fuel storage area. 

(5) An air curtain destructor site shall not be located within one thousand (1,000) feet of a solid waste land 

disposal facility as defined in 329 IAC 10-2-176 or transfer station as defined in 329 IAC 11-2-47. 

(6) An air curtain destructor shall not be permanently located at any site. 

(7) An air curtain destructor shall be attended at all times while burning and until combustion is complete. 

Adequate firefighting equipment shall be maintained at an air curtain destructor site at all times during 

operation. 

(8) Burning shall not create or contribute to: 

(A) an air pollution problem; 

(B) a nuisance; or 

(C) a fire hazard. 

(9) An air curtain destructor and pit shall be maintained and operated according to the manufacturer's 

specifications and recommendations. 

(10) The fan blades of the air curtain destructor shall be regularly cleaned to reduce buildup of dirt and 

debris. 

(11) All canisters must be properly aligned, connected, and maintained so as to prevent leaks between 

adjacent canisters. 

(12) The nozzles must be maintained in good working condition. The minimum average velocity at the 

nozzle must be nine thousand fifty (9,050) feet per minute, and the air flow at the nozzle must be a 

minimum of seven hundred fifty (750) cubic feet per minute per foot of length. 

(13) The engine running the air curtain destructor fan must be maintained in proper working condition. 

(14) The width of the pit shall not extend beyond the length of the nozzle action. 

(15) The distance from the air curtain destructor to the opposite wall of the pit shall not exceed ten (10) 

feet. 

(16) The depth of the pit shall be of such distance to allow all burning material to be below the curtain of 

air created by the air curtain destructor. 
Appendix 6 - 8 

(17) All nozzles shall be aligned and directed toward the opposite wall so that the air strikes the opposite 

wall at least three (3) feet below the grade upon which the air curtain destructor is located so that the air 

tumbles in the pit. 

(18) The air curtain destructor shall not be at a higher elevation than the elevation of the opposite wall. 

(19) The pit shall be enclosed on four (4) sides, and the walls shall be perpendicular to level ground. 

(20) Material being loaded into the pit shall be picked up and dropped into the pit, and at no time shall the 

material protrude through the curtain of air while burning. 

(21) The approval letter shall be made available at the burning site to state or local officials upon request. 

(22) The owner or operator of an air curtain destructor shall provide twenty-four (24) hour notification in 

advance to the local fire department and the local health department of the dates and times that the air 

curtain destructor will be in operation. 

(b) An air curtain destructor letter of approval shall be valid for no longer than one (1) year. 

(c) The commissioner or the commissioner's designated agent may add conditions to an air curtain 

destructor letter of approval as necessary to prevent a public nuisance or protect the public health. 

(d) A decision on the air curtain destructor letter of approval is subject to IC 4-21.5 (Administrative Orders 

and Procedures Act (AOPA). (Air Pollution Control Board; 326 IAC 4-1-7; filed Jan 6, 1989, 3:30 p.m.: 12 IR 

1127; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3345; errata filed Oct 3, 2000, 2:31 p.m.: 24 IR 381; readopted filed Jan 

10, 2001, 3:20 p.m.: 24 IR 147 

326 IAC 4-1-8 Air curtain destructors; approval revocation 

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

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

Sec. 8. The commissioner or the commissioner's designated agent may revoke an air curtain destructor 

letter of approval if the owner or operator: 

(1) violates any requirement of section 7(a) of this rule; 

(2) violates any condition added to the letter of approval under section 7(c) of this rule; 

(3) violates any other state or local rule or ordinance pertaining to the installation or operation of air curtain 

destructors; 

(4) falsifies information on an application for a letter of approval; or 

(5) operates an air curtain destructor in a manner that is hazardous to the public health. 

(Air Pollution Control Board; 326 IAC 4-1-8; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1127; filed Jul 30, 1996, 2:00 

p.m.: 19 IR 3346; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 

1567) 
Appendix 6 - 9 

App. 6 2. Indiana Department of Natural Resources Prescribed Burning Policy 
Appendix 6 - 10 
Appendix 6 - 11 
Appendix 6 - 12 
Appendix 6 - 13 
Appendix 6 - 14 
Appendix 6 - 15 
Appendix 6 - 16 
Appendix 6 - 17 
Appendix 6 - 18 
Appendix 6 - 19 
Appendix 6 - 20 
Appendix 6 - 21 
Appendix 6 - 22 
Appendix 6 - 23 
TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule

LSA Document #09-498(F)

DIGEST

Adds 326 IAC 26-2 to establish best available retrofit technology (BART) emission limitations in order to

comply with the federal regional haze rule. Effective 30 days after filing with the Publisher.

HISTORY

First Notice of Comment Period: July 22, 2009, Indiana Register (DIN: 20090722-IR-326090498FNA).

Second Notice of Comment Period: June 30, 2010, Indiana Register (DIN: 20100630-IR-326090498SNA).

Notice of Public Hearing: June 30, 2010, Indiana Register (DIN: 20100630-IR-326090498PHA).

Date of First Public Hearing: September 1, 2010.

Proposed Rule: September 29, 2010, Indiana Register (DIN: 20100929-IR-326090498PRA).

Notice of Public Hearing: September 29, 2010, Indiana Register (DIN: 20100929-IR-326090498PHA).

Date of Second Public Hearing and Final Adoption: November 3, 2010.

326 IAC 26-2

SECTION 1. 326 IAC 26-2 IS ADDED TO READ AS FOLLOWS:

Rule 2. Best Available Retrofit Technology Emission Limitations

326 IAC 26-2-1 Applicability

Authority: IC 13-14-8; IC 13-14-9; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 1. (a) This rule applies to a BART-eligible source determined to be subject to BART under 326 IAC

26-1-4.

(b) Alcoa in Warrick County is determined to be subject to BART and is required to meet the emission

limitations and other requirements as specified in section 2 of this rule not later than February 22, 2013.

(Air Pollution Control Board; 326 IAC 26-2-1; filed Feb 9, 2011, 10:26 a.m.: 20110309-IR-326090498FRA)

326 IAC 26-2-2 Alcoa emission limitations and compliance methods

Authority: IC 13-14-8; IC 13-14-9; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 2. Alcoa Power Generating Inc. - Warrick Power Plant, Source Identification Number 00002, and

Alcoa, Inc. - Warrick Operations, Source Identification Number 00007, shall comply with the emission

limitations and compliance methods as follows:

(1) Boiler 1 at Alcoa Power Generating Inc. - Warrick Power Plant shall be in compliance with the

following requirements:

(A) PM (filterable) as follows:

(i) The emission limitation is three-hundredths (0.03) pounds per million British thermal units

(lb/MMBtu) on a twenty-four (24) hour daily average.

(ii) The compliance method is a continuous emissions monitoring system (CEMS) at the scrubber

outlet in accordance with 40 CFR 60, Appendix B, Performance Specification 11 (PS-11)*.

(B) SO2as follows:

(i) The removal efficiency is ninety-one percent (91%) SO2removal on a twenty-four (24) hour daily

average.

(ii) The compliance method is a CEMS at the scrubber inlet and outlet in accordance with 40 CFR

60, Appendix B, Performance Specification 2 (PS-2)*.

Indiana Register

Date: Mar 09,2011 3:36:12PM EST DIN: 20110309-IR-326090498FRA Page 1
(C) NOx

as follows:

(i) The emission limitation is thirty-eight hundredths (0.38) lb/MMBtu on a twenty-four (24) hour

daily average.

(ii) The compliance method is a CEMS at the scrubber outlet in accordance with PS-2*.

(2) Boilers 2 and 3 at Alcoa Power Generating Inc. - Warrick Power Plant shall each be in compliance

with the following requirements:

(A) PM (filterable) as follows:

(i) The emission limitation is three-hundredths (0.03) lb/MMBtu on a twenty-four (24) hour daily

average.

(ii) The compliance method is a CEMS at the scrubber outlet in accordance with PS-11*.

(B) SO2as follows:

(i) The removal efficiency is ninety percent (90%) SO2removal on a twenty-four (24) hour daily

average.

(ii) The compliance method is a CEMS at the scrubber inlet and outlet in accordance with PS-2*.

(C) NOxas follows:

(i) The emission limitation is thirty-eight hundredths (0.38) lb/MMBtu on a twenty-four (24) hour

rolling average.

(ii) The compliance method is a CEMS at the scrubber outlet in accordance with PS-2*.

(3) Boiler 4 at Alcoa Power Generating Inc. - Warrick Power Plant shall be in compliance with PM

(filterable) requirements as follows:

(A) The emission limitation is one-tenth (0.1) lb/MMBtu on a twenty-four (24) hour daily average.

(B) The compliance method is in accordance with 40 CFR 60, Appendix A, Method 5*.

(4) Potlines 2 through 6 at Alcoa, Inc. - Warrick Operations shall be in compliance with the following

requirements:

(A) PM (filterable) as follows:

(i) The emission limitation is five-thousandths (0.005) grains per standard cubic foot (grains/scf) as

measured at the outlet of the primary control devices for potlines 2 through 6.

(ii) The compliance method is in accordance with 40 CFR 60, Appendix A, Method 5* for the:

(AA) Gas Treatment Center control device for potlines 3 and 4; and

(BB) primary control devices for potlines 2, 5, and 6, except that the stacks selected for sampling

shall use the method described in the Site Specific Test Plan for measuring annual total fluoride

emissions from potroom group primary control devices, as required by 40 CFR 63.847(b).

(B) SO2as follows:

(i) The emission limitations in 326 IAC 7-4-10(a)(4)(B) through 326 IAC 7-4-10(a)(4)(F).

(ii) The compliance method is 326 IAC 7-4-10(c) and:

(AA) 326 IAC 7-4-10(b); or

(BB) material balance calculations approved by the department.

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

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

copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana

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

(Air Pollution Control Board; 326 IAC 26-2-2; filed Feb 9, 2011, 10:26 a.m.: 20110309-IR-326090498FRA)

LSA Document #09-498(F)

Proposed Rule: 20100929-IR-326090498PRA

Hearing Held: November 3, 2010

Approved by Attorney General: January 20, 2011

Approved by Governor: February 4, 2011

Filed with Publisher: February 9, 2011, 10:26 a.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Alison Beumer, IDEM Small Business Regulatory Coordinator, MC 60-04

IGCS W-041, 100 N. 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 1301, 100 N. Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386 or

(800) 451-6027, bbaughn@idem.in.gov

Posted: 03/09/2011 by Legislative Services Agency

Indiana Register

Date: Mar 09,2011 3:36:12PM EST DIN: 20110309-IR-326090498FRA Page 2
An html version of this document.

Indiana Register

Date: Mar 09,2011 3:36:12PM EST DIN: 20110309-IR-326090498FRA Page 3
Appendix 8 - Public Hearing Process 
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Appendix 8a - Legal Notice of Public Hearing 
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LEGAL NOTICE OF PUBLIC HEARING

Indiana Regional Haze State Implementation Plan 

Notice is hereby given under 40 CFR 51.102 that the Indiana Department of 

Environmental Management (IDEM) will hold a public hearing on January 11, 2011. The 

purpose of this hearing is to receive public comment on the Draft Indiana Regional Haze 

State Implementation Plan. The meeting will convene at 6:00 p.m. (local time) in the 

Indianapolis-Marion County Library-West Indianapolis Branch, located at 1216 S. 

Kappes Street, Indianapolis, Indiana. All interested persons are invited and will be given 

opportunity to express their views concerning the draft document. 

The federal Regional Haze Rule (64 FR 35714, July 1, 1999) requires states to 

submit State Implementation Plans (SIP) to the United States Environmental Protection 

Agency (U.S. EPA) to reduce visibility impacts in 156 Federally-protected parks and 

wilderness areas, called “mandatory Class 1 Federal areas” (Class 1) areas. Indiana does 

not have any Class 1 areas; however, Indiana sources have been determined to impact 

visibility in Class 1 areas in other states. The Clean Air Act requires Indiana to develop a 

strategy to mitigate visibility impairment in those areas. This SIP is being drafted and 

submitted consistent with U.S. EPA guidance. 

Copies of the draft documents will be available on or before December 11, 2010 

to any person upon request and at the following locations: 

 Indiana Department of Environmental Management, Office of Air Quality, Indiana 

Government Center North, 100 North Senate, Room N1003, Indianapolis, Indiana. 

 IDEM Northern Regional Office, 300 N. Michigan Street, Suite 450, South Bend, 

Indiana 

 IDEM Northwest Regional Office, 8380 Louisiana Street, Merrillville, Indiana 

 IDEM Southeast Regional Office, 820 West Sweet Street, Brownstown, Indiana 

 IDEM Southwest Regional Office, 1120 N. Vincennes Avenue, Petersburg, Indiana 

The draft documents will also be available on the following web 

page:http://www.in.gov/idem/4499.htm

Oral statements will be heard, but for the accuracy of the record, statements 

should be submitted in writing. Written statements may be submitted to the attendant 

designated to receive written comments at the public hearing. 

IDEM will also accept written comments through January 13, 2011. Mailed 

comments should be addressed to: 
Indiana Regional Haze State Implementation Plan 

Scott Deloney, Chief 

Programs Branch 

Office of Air Quality MC 61-50 

100 North Senate Avenue 

Indiana Department of Environmental Management 

Indianapolis, IN 46206-2251 

A transcript of the hearing and all written submissions provided at the public 

hearing shall be open to public inspection at IDEM and copies may be made available to 

any person upon payment of reproduction costs. Any person heard or represented at the 

hearing or requesting notice shall be given written notice of actions resulting from the 

hearing. 

For additional information contact Mr. Ken Ritter, at the Indiana Department of 

Environmental Management, Air Programs Branch, Office of Air Quality, Room 1001, 

Indiana Government Center North, 100 North Senate Avenue, Indianapolis or call (317) 

233-5682 or (800) 451-6027 ext. 3-5682 (in Indiana). 

************************************************************************ 

Individuals requiring reasonable accommodations for participation in this hearing 

should contact the IDEM Americans with Disabilities Act (ADA) coordinator at:

Attn: ADA Coordinator 

Indiana Department of Environmental Management – Mail Code 50-10 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

Or call (317) 233-1785 (voice) or (317) 232-6565 (TDD). Please provide a minimum of 

72 hours notification.
Appendix 8b - Certification of Publication
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Prescribed by Slale Board ofAccounts 80315-5747296 General Fonn No. 99P (Rev. 2009A)

IND DEPT OF ENVIRONMENTAL MANA

MARION COUNTY, INDIANA

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145

PUBLISHER'S CLAIM

LINE COUNT

.00

$.__~96=.3~4

$,__---"--'96=.30:....:. 4

,.~"

. .. .-.... i" ',.... >{''0''::..\Y\li\'-:~ VCJC\j....,10 \[ '\

Title: Clerk

Size oftype 1

LEGAL NOTICE OF PUBLIC HEARING ·'.'lir - (Must not exceed two actual lines, neither ofwhich shall

Indiana Regional Haze State

Implementation Plan '\e than four solid lines ofthe type in which the body ofthe

~hoi~Ct'f,~sl~d'i~er:'1Jl~~~~::,~~ron~J;~o~l.l ent is set). - number of equivalent lines

~~aXna;~~e~~~~rV~~~:io~t.\~~lgu~pP oflines this hearing is to receive public com • the Draft Indiana Regional Haze State'lmp r of hnes mentation Plan. The meeting will conveile

6:00 p.m. (local time) in the Indianapol oflines Marion County Library-West. Indianar.

Brl\nch. l.ocateq at 1216 S: Kappes Stree , l!lf;'.nber oflines in notice d,anapolJs, Indiana. All Interested perso.ns" are invited and will be given opportuni~ tOd, a~~~~~n~~elr views concerning the ra1'l:,r'- ---"'= _

The federal Regional Haze Rule 64

35714, July 1, 1999) requires states to F CHARGES

D1'f~~d Imfi:t~~nt~~~i~o,;,:;~~tafSI~ro Agency (U.S. EPA) tb reduce visibility i .0 columns wide equals 216.0 equivalent lines at .446

e.,~IJ:r~~s~5~r::~,e~~II~tr.~~~~~!r~r~fa;s'.; line

Federal.areas" (Class 1) areas. Indiana do~s)l • , , not have any Class 1 areas; howe~er, Indiatla.U'ge for notices contammg rule and figure work (50 per cent sources have been determined to Impact VISe

~~~~ 1\.cl~~Sr~q~r;e~S l~ndi~~:~~t;~~~ill1~\amount) strategy to miti9ate vi~ibility impairmenfin;ctra proofs of publication ($1 00 for each proofin excess oftwo) those areas. ThIS SIP 's being drafted· am:!', . sUbmitt~d consistent with'U.S. EPA 9Uid~n~~;,;AMOUNT OF CLAIM

CopIes of the draft documents wIll be

~~~i1g~:;o':,n u"rJo~e:~~~~~c::;~r:ft~e ~~tl~0~1 ing locations: '}"~'UTING COST • Indiana Department of Environmental /:

l'f;~e~~'in~~~7:~~ireJ6~~~?~o"~~rt~dia~'t~e column 5.8 ems Senate, Room N1003, Indianapolis,lndian<i'!'ertions 1 0 • IDEM Northern Regional Office, 300 N. . ,cJ --'- [';l~~~\jl':1n Street, Suite 450, South Bend, .:\

1--------------------------------- ·~~~i~~~~~;:t~~~~i71~liI?et;'I'it"di~~~0 >1

• lP:~tS~t~~~~~~~~~~~~~~~m~'fa~~O ~e~t ,i\~ provisions and penalties ofIC 5-11-10-1, I hereby certify that the foregoing account is

• IDEM Southwest Regional Office, 1120' N. ,Yilt the amount claimed is legally due, after allowing all just credits, and that no part ofthe same Vincennes Avenue, Petersburg, Indiana \_:1 ' The draft documents will also be available on the'following web

page:http://www.in.gov/idem/4499.htm

acc~(:~:~'}~i'h~~~}~~i,"s~:t~;;,~~isb~M~rdt~;,batthe printed matter attached hereto is a true copy ofthe same column width and type size submItted

~a1Uios~~c~l~ee~~lh~~e

on wrotlng. Wrotten

c~~~~~rst statenient~,;i~e'i:~~plIshed

'

in said paper 1 times, The dates of publication

'.'

being between the dates of:

public hearing. ';d

IDEM will also accept written comments I

through January 13, 20 1. Mailed commentsll0/2010 should be addressed to: .. .,>1

Indiana Regional Haze State" i

Implementation Plan " Scott Deloney, Chief atement checked below is true and correct: Programs Branch

Office of Air Quality MC 61·50 100 North Senate Avenue

~~~a"ng"e~~1rtment of Environmental " s not have a Web site.

Indianapolis, IN 46206-2251 .' W b' d h' bl" d h d . bl' h d . , A transcript of the hearing and all writ" a e SIte an t IS pu IC notlce was poste on t e same ay as It was pu IS e m

I~~ "s'l,~'Ii'iS~~o~~g~o~~dep'L~fi~Ii'fn~~~~S hear, aper

IDEM and copies may be mad!! availa W b' b d hn' 1 bl bl" d

any person upon payment. of reprod a e SIte, ut ue to a tec lca pro em or error, pu IC notice was poste on _ costs. Any' person heardort. represen ,', . " . • . - tl)e hea~ing or requestin,9 notice ~hall. a Web SIte but refuses to post the publIc notice. given written notice of actions resulting ,f.. the hearing.

For additional information contact Ken Ritter, at the Indiana Department Environmental Management, Air Progr Branch, Office of Air Quality, Room 1001, ne diana Government Center North, 100 North,

~j~_~~82A~~n<:60ln~k''i~~8fjiSex~~ f_~1xJ~3W~':i Indiana). .. , . '1

~na~I~~~a}~rre~mgi~a't'fg~07~bli'hi~cc~e~::r,\'g:i

should contact the IDE.M Americans with Dis-l abilities Act (ADA) coordinator at: , Attn: ADA Coordinator • I'ndiana Department of Environmental i

Management - Mail Code 50-10 . 100 North Senate Avenue .,' Indianapolis, IN 46204-2251'>'1

Or call (317) 233·1785 (voice) or' (3FT) 232",', 6565 (TDD). Please provide a minimum of 72- hours notification. _',,"'il (S -12/10/10 . 5747296) . ,
·~"'_' :~~~a~ :w\ 't"ilOJd

- .... "':ed.~ 'sA\uv (A\uO lIt))
Appendix 8c - Public Hearing Transcript 
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10

BEFORE THE INDIANA DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

PUBLIC HEARING REGARDING

THE DRAFT INDIANA REGIONAL HAZE

STATE IMPLEMENTATION PLAN (SIP)

()RIGiNAL

PROCEEDINGS

1

11 in the above-captioned matter, before the Hearing

12 Officer Ken Ritter, taken before me, Lindy L.

13 Meyer, Jr., a Notary Public in and for the State

14 of Indiana, County of Shelby, at the

15 Indianapolis-Marion County Public Library, West

16 Indianapolis Branch, 1216 South Kappes Street,

17 Indianapolis, Indiana, on Tuesday, January 11,

18 2011 at 6:15 o'clock p.m.

19

20

21

22

23

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

ACCURATE REPORTING OF INDIANA

12922 Brighton Avenue

Carmel, Indiana 46032

(317) 848-0088
1 APPEARANCES:

2 ON BEHALF OF IDEM:

Ken Ritter, Hearing Officer

3

4 SPEAKERS PRESENT:

None

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2
1

2

3 THE HEARING OFFICER:

6:15 o'clock p.m.

January II, 2011

Good evening.

3

4 I'm Ken Ritter, Chief of the IDEM Office of Air

5 Quality's Technical Support and Modeling Section.

6 The purpose of this hearing is to receive

7 public comment on the Draft Indiana Regional Haze

8 State Implementation Plan, or SIP.

9 For this hearing, there are several

10 documents for public view. First is the Draft

11 Indiana Regional Haze State Implementation Plan,

12 dated November 2010, and its appendices; a copy

13 of the public notice along with the newspaper

14 publisher's claim; a letter from Clyde Thompson

15 of the U.S. Forest Service containing their

16 comments on the Indiana SIP; and the comment

17 letter from John Bunyak, representing the U.S.

18 Department of the Interior, the National Parks

19 Service, and the U.S. Fish and Wildlife Service.

20 On the table is a IIpublic Hearing -

21 Attendance Record, II sign-in sheet, IIRequest to

22 Speak Slips, II and Comment Forms. II Please fill

23 these out as appropriate.
4

called "mandatory Class 1 Federal areas" in the

Clean Air Act, but generally referred to as

"Class 1 areas."

The federal Regional Haze Rule requires

Indiana to submit a SIP to the United States

Environmental Protection Agency, the U.S. EPA.

U.S. EPA's Regional Haze Rule was adopted July

the 1st, 1999, and went into effect on August

the 30th, 1999, 64 Federal Register 35714.

The Regional Haze Rule is aimed as

achieving nationality visibility goals by 2064.

This rulemaking addressed the combined visibility

Regional haze is caused by tiny particles

that absorb and scatter sunlight, creating white

and brown haze. Major contributors to these

particles are electrical generating units, large

industrial boilers, cement kilns, and a variety

of other air pollutant sources.

The Regional Haze SIP requires -- I'm

sorry. The Regional Haze Rule requires states to

submit SIP's to address regional haze visibility

impairment in the 156 federally protected parks

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and wilderness areas. These 156 scenic areas are
5

1 effects of various pollution sources over a wide

2 geographic region. This wide-reaching pollution

3 net means that many states, even those without

4 Class 1 areas, are required to participate in

5 haze reduction efforts.

6 Indiana does not have any Class 1 areaSj

7 however, Indiana sources have been determined to

8 impact visibility in Class 1 areas in other

9 states. The Clean Air Act requires Indiana to

10 develop a strategy to mitigate visibility

11 impairment in those areas.

12 The strategy has been developed in

13 consultation with the Midwest Regional Planning

14 Organization and affected states using data and

15 tools, including emissions inventories and

16 modeling analyses, taking into consideration

17 factors such as existing pollution control

18 programs, emission reduction needs, compliance

19 schedules, and smoke management techniques. The

20 SIP describes Indiana's consultation process,

21 technical analyses, and actions taken to reduce

22 visibility impairment in other Class 1 areas.

23 As required by the Clean Air Act, U.S. EPA
6

1 included in the final Regional Haze Rule a

2 requirement for best available retrofit

3 technology, or BART, for certain large stationary

4 sources. The Regional Haze Rule uses the term

5 "BART-eligible source" to describe these sources.

6 Under the Clean Air Act, BART is required

7 for any BART-eligible source that a state

8 determines emits any air pollutant which may

9 reasonably be anticipated to cause or contribute

10 to any impairment of visibility in any Class 1

11 area.

12 Accordingly, for stationary sources

13 meeting these criteria, states must address the

14 BART requirement when they develop their Regional

15 Haze SIP's. On November the 3rd, 2010, the

16 Indiana Air Pollution Control Board adopted as

17 final the Indiana BART Rule, 326 lAC 26-2.

18 The BART analysis is a key component of

19 the Regional Haze SIP. IDEM conducted further

20 modeling in coordination with the Midwest

21 Regional Planning Organization and determined

22 that there were four BART-eligible sources that

23 were determined to be subject to BART.
7

1 Of these sources, three performed modeling

2 that showed they were below significant impact

3 thresholds. That left certain units at Alcoa

4 which were subject to BART. Alcoa provided a

5 BART analysis which was reviewed by the state,

6 and appropriate limits were included in the final

7 BART Rule.

8 This concludes my brief summary of the

9 Regional Haze Rule. I'm now ready to accept any

10 comments. IDEM will also accept written comments

11 through January 13th, 2011. Mailed comments

12 should be sent to the address listed on the

13 public notice: The Indiana Regional Haze State

14 Implementation Plan, Scott Deloney, Chief, the

15 Programs Branch, Office of Air Quality, MC 61-50,

16 Indiana Department of Environmental Management,

17 100 North Senate Avenue, Indianapolis, Indiana,

18 46206-2251.

19 A transcript of this hearing and all

20 written submissions provided at the public

21 hearing shall be open to the public for

22 inspection at IDEM, and copies may be made

23 available to any person upon payment of
1 reproduction costs. Any person heard or

8

2 requested [sic] at the hearing -- or requesting

3 notice shall be given written notice of actions

4 resulting from the hearing.

5 And that's it. Thank you. The hearing's

6 concluded.

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Thereupon, the proceedings of

January 11, 2011 were concluded

at 6:22 o'clock p.m.
1

2

CERTIFICATE

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

9

3 Court Reporter and Notary Public residing in the

4 City of Shelbyville, Shelby County, Indiana, do

5 hereby certify that the foregoing is a true and

6 correct transcript of the proceedings taken by me

7 on Tuesday, January 11, 2011 in this matter and

8

9

10

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12

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14

transcribed by me.

~J:t~), Lindy L. Meyer, Jr.,

Notary Public in and

for the State of Indiana.

15 My Commission expires October 27, 2016.

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~------_._-_._--_.... 1

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I 6:22 [1J - 8:8 - 3:17 describes [1J - 5:20 6:15,6:19,7:9,7:13

determined [3J - 5:7, 6:21, haze [4J - 4:1,4:3,4:9, 5:5

8 C 6:23 heard [1) - 8:1

determines [1J - 6:8 I HEARING [2J - 1:4, 3:3

captioned [1J - 1:11 develop [2J - 5:10,6:14 hearing [6J - 3:6,3:9,7:19,

848-0088 [1J - 1:23 developed [1J - 5:12 7:21, 8:2, 8:4 Carmel [1J - 1:22 documents [1J - 3:10 Hearing [3J - 1:11,2:2, 3:20

A caused [1J - 4:1 DRAFT[1J -1:5 hearing's [1J - 8:5 cement [1J - 4:5 Draft [2J - 3:7, 3:10 hereby [1J - 9:5 certain [2J - 6:3, 7:3

above-captioned [1)- 1:11 CERTIFICATE (1) - 9:1 E I absorb [1J - 4:2 certify [1J - 9:5 I

accept[2J -7:9, 7:10 Chief [2J - 3:4, 7:14 I

Accordingly [1J - 6: 12 City [1J - 9:4 effect [1J - 4:19 lAC [1J - 6:17

ACCURATE [1J - 1:21 c1aim[1J - 3:14 effects [1J - 5:1 IDEM [5J - 2:2,3:4,6:19,

achieving [1J - 4:22 Class [7J - 4:12,4:14,5:4, efforts (1) - 5:5 7:10,7:22
r------~---------------,__--------,__--------,__--------2

5

table [1] - 3:20

technical [1J - 5:21

Technical [1] - 3:5

techniques [1]- 5:19

technology [1] - 6:3

term [1J - 6:4

THE[3J -1:1,1:5,3:3

Thereupon [1] - 8:7

matter[2J - 1:11, 9:7

MC[1J -7:15

means [1] - 5:3

meeting [1]- 6:13

I Meyer[3J -1:13, 9:2, 9:11

i Midwest [2] - 5: 13, 6:20

L

K

January[5]-1:17, 3:1, 7:11,

8:8,9:7

John [1]- 3:17

Jr[3J - 1:13, 9:2, 9: 11

July[1) - 4:18

impact [2] - 5:8, 7:2

impairment [4] - 4:10, 5: 11,

5:22,6:10

Implementation [3]- 3:8,

3:11,7:14

IMPLEMENTATION [1]- 1:6

included [2]- 6:1, 7:6

including [1]- 5:15

INDIANA[3J-1:1, 1:5, 1:21

Indiana(17]-1:14,1:17,

1:22,3:7,3:11,3:16,4:16,

5:6,5:7,5:9,6:16,6:17,

7:13,7:16,7:17,9:4,9:13

Indiana's [1J - 5:20

Indianapolis [4] - 1:15, 1:16,

1:17,7:17

Indianapolis-Marion [1] -

1:15

industrial [1] - 4:5

inspection [1J - 7:22

Interior[1]- 3:18

inventories[1]- 5:15

Kappes[1]-1:16

Ken [3) - 1'12 2'2,3'4

key[1J - 6:18

kilns [1J - 4:5

large [2J - 4:4, 6:3

left [1J - 7:3

letter[2]- 3:14,3:17

Library [1] - 1:15

Iimits(1) -7:6

Lindy [3J - 1:12, 9:2, 9: 11

listed [1]- 7:12

Mailed [1J - 7:11

Major [1) - 4:3

management [1] - 5:19

MANAGEMENT[1]- 1:1

Management [1] - 7:16

mandatory [1] - 4:12

Marion[1J-1:15

programs [1]- 5:18

protected [1]- 4:10

Protection [1] - 4:17

provided [2]- 7:4,7:20 scatter[1]- 4:2

! public [6] - 3:7, 3:10, 3:13, scenic [1]- 4:11

i 7:13,7:20,7:21 1 schedules [1] - 5:19

mitigate [1] - 5:10 PUBLIC [1]- 1:4 Scott [1] - 7:14

Modeling [1]- 3:5 Public [5]- 1:13, 1:15, 3:20, Section [1] - 3:5

modeling [3]- 5:16, 6:20, 7:1 9:3,9:12 Senate [1]- 7:17

must[1]-6:13 publisher'S[1]-3:14 sent[1]-7:12

,

f.--------------J purpose [1]- 3:6 Service [3]- 3:15, 3:19

I N r--------------I several [1] - 3:9

,---I Q shall [2] - 7:21, 8:3

i r--------------------j sheet [1]- 3:21

I National[1]-3:18 I Shelby[2]-1:14,9:4

i

l

nationality [1] - 4:22 Quality [1] - 7:15 Shelbyville [1J - 9:4

needs [1)- 5:18 Quality's [1)- 3:5 showed [1]- 7:2

net [1] - 5:3 r--------------- sic [1] - 8:2

I newspaper[1]- 3:13 R sign [1J - 3:21

None [1] - 2:4 sign-in [1] - 3:21

North [1]-7:17 significant[1]-7:2 reaching [1] - 5:2

Notary [3J - 1:13, 9:3, 9: 12 ready [1) _7:9 SIP [7] - 1:6, 3:8, 3:16, 4:7,

1-------------------.-------------1 notiCe[4]- 3:13, 7:13, 8:3 reasonably[1]- 6:9 4:16,5:20,6:19

J November [2J - 3:12, 6: 15 SIP's [2J - 4:9, 6: 15 receive [1] - 3:6

--------------1 Record [1J _3:21 Slips [1] - 3:22

f---- O , reduce[1]- 5:21 smoke[1]- 5:19

reduction [2J - 5:5, 5:18 sorry [1J - 4:8

o'clock [3]- 1:18, 3:1,8:8 referred [1]- 4:13 source [2J - 6:5,6:7

October [1] _9:15 REGARDING [1]- 1:4 sources [8] - 4:6,5:1, 5:7,

OF [3] - 1:1 1:21 2:2 region [1] _5:2 6:4,6:5, 6:12, 6:22, 7:1

I South [1]- 1:16 1 Office [2]- 3:4,7:15 Regional [16J - 3:7, 3:11,4:1,

I

Officer[2]- 1:12, 2:2 4:7,4:8,4:15,4:18,4:21, SPEAKERS [1]- 2:4

OFFICER [1J - 3:3 5:13,6:1, 6:4, 6:14, 6:19, STATE [1J - 1:6

i ON [1J - 2:2 6:21,7:9,7:13 state [2]- 6:7,7:5

'I open [1J - 7:21 REGIONAL [1] - 1:5 State [5] - 1:13, 3:8, 3:11,

Organization [2]- 5 14, 6 21 regional [1] - 4'9 7:13, 9:13

1

'_______________ Register [1] - 4:20 states [5] - 4:8, 5:3, 5:9,

p Reporter[1]- 9:3 5:14,6:13

__________________ - ------------------.., REPORTING [1J -1:21 States[1]-4:16

I representing [1J _3:17 stationary [2] - 6:3,6:12

r--------------I p.m [3]-1:18,3:1,8:8 reproduction [1J _8:1 strategy[2]- 5:10, 5:12

parks [1]- 4:10 Request[1]- 3:21 Street[1]- 1:16

Parks [1]- 3:18 requested [1]- 8:2 subject [2]- 6:23, 7:4

participate [1] - 5:4 requesting [1] _8:2 submissions [1] - 7:20

particles[2]-4:1, 4:4 . d 5452366 submit[2]-4:9,4:16 require [3] - : , : , :

payment [1] - 7:23 requirement [2] _6:2, 6:14 summary [1J - 7:8

performed [1] - 7:1 . 4 4 sunlight [1] - 4:2

I person [2J _7:23, 8:1 I re5;~lres [4J - 4:7, :8, :15, I Support [1] - 3:5

Plan [3] - 3:8, 3:11,7:14 residing [1] _9:3

1----------------1 PLAN [1] - 1:6 . resulting [1] _8:4 T

M Planning [2]- 5:13,6:21 retrofit [1J - 6:2 ~--------·-------------------------------I pollutant [2] - 4:6, 6:8 reviewed [1] - 7:5

Pollution [1] - 6:16 Ritter [3] - 1:12, 2:2, 3:4

pollution [3)- 5:1,5:2,5:17 RPRlCP [1]- 1:21

PRESENT [1] - 2:4 Rule [9] - 4:8,4:15,4:18,

proceedings [2] - 8:7, 9:6 4:21, 6:1, 6:4, 6:17, 7:7,

PROCEEDINGS [1J - 1:10 7:9

process [1] - 5:20 rulemaking [1] - 4:23

Programs [1J - 7: 15
3

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visibility [7J- 4:9, 4:22, 4:23,

5:8,5:10,5:22,6:10

Thompson [1)- 3:14

three [1J• 7:1

thresholds [1J- 7:3

tiny[1J- 4:1

tools [1J- 5:15

transcribed [1J- 9:8

transcript [2J- 7:19, 9:6

true [1J• 9:5

Tuesday [2J- 1: 17, 9:7 U

U.S [6J- 3:15, 3:17, 3:19,

4:17,4:18,5:23

Under[1J- 6:6

undersigned [1J- 9:2

United [1J· 4:16

units (2)- 4:4, 7:3

uses [1J- 6:4

V

variety [1J• 4:5

various [1)- 5:1

view1 ·3:10w

West [1J•1:15

white [1J• 4:2

wide (2)• 5: 1, 5:2

wide-reaching [1J- 5:2

wilderness [1)- 4:11

Wildlife [1)·3:19

William [1J•1:21

written [3J· 7:10, 7:20, 8:3