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## IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiersandOurEnvironment. Mitchell£. 

### 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 

## SusanHedman Regional Administrator U.S. EPA, Region V 77 WestJackson Boulevard Chicago, Illinois 60604

DearMs. Hedman: July 7, 2011



## Re: State Implementation Plan (SIP) Submittal for Indiana Regardingthe Greenhouse Gas Tailoring Rule (LSA

## #I0- 505); Final Rule Documents

The IndianaDepartmentofEnvironmental Management (IDEM) submitted aparallel processing requeston December3, 2010, for amendments to Indiana's PreventionofSignificantDeterioration (PSD) rules at 326 lAC 2-2-1 and 326 lAC 2-2-4 concerningtheTitle V greenhouse gas tailoring rule. This rulemaking (LSA

## #10-505) printed as afinal rule inthe Indiana Registerwith aneffective date of March 16, 20II. The following documents are enclosed: AttachmentA: Final Rule. LSA#

## I0-505(F)

- as published onMarch 16, 20II. Attachment B: Signature page complete with all signatures. AttachmentC: Transcriptfrom public hearing

- December I, 20I

## O. IDEM requests thatU.S. EPA approve the amendments to the PSD rules at 326 lAC 2-2-1 and 326 lAC 2-2-4 concerning greenhouse gases into the Indiana SIP. Ifyou have any questions regarding this submittal, pleasecontact Scott Deloney, AirPrograms Branch, Office ofAir Quality at 317-233- 5694. Sincerely,

# /~ 

# t3**"-"-~** Keith Baugues AssistantCommissioner Office ofAirQuality TWE/sb Attachments: Supporting Documents

cc: John Mooney, U.S. EPA Region V (w/enclosures) Steve Rosenthal, U.S. EPA Region V (no enclosures) ScottDeloney, IDEM (no enclosures) Christine Pedersen, IDEM (no enclosures) SIP file

RecycledPapel' 

## @ An Equal Opporlllnity Employer Plaut: Recycle 

## 0

## AIndiana Register TITLE 326 AIR POLLUTION CONTROL BOARD Final Rule LSA Document #10-505(F) DIGEST Amends 326 lAC 2 concerning the prevention ofsignificant deterioration and Tille V greenhouse gas tailoring rule (75 FR 31514, June 3, 2010). Effective 30 days afterfiling with the Publisher. HISTORY Findings and Determination ofthe Commissioner Pursuantto IC 13-14-9_8: September 1, 2010, Indiana Register (DIN: 20100901-IR-326100505FDA). Notice ofHearing: September 1, 2010, Indiana Register (DIN: 201 00901-IR-3261 00505PHA). Change in Notice of Public Hearing: October20,2010, Indiana Register (DIN: 20101 020-IR-3261 00505CHA). Date of Hearing: December 1, 2010. 326 lAC 2-2-1; 326 lAC 2-2-4; 326 lAC 2·7·1 SECTION 1. 326 lAC 2-2-1 IS AMENDED TO READ AS FOLLOWS: 326 lAC 2·2·1 Definitions Authority: IC 13·14·8; iC 13·17·3 Affected: IC 13·15; IC 13·17

Sec. 1. (a) The definitions in this section applythroughout this rule. (b) "Actual emissions" means the actual rate ofemissions ofa regulated newsource review (NSR) poliutant from an emissions unit as determined in accordance with the following: (1) In general, actual emissions as ofa particulardate shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during a consecutive twenty-four (24) month period preceding the particulardate and representative ofnormal source operation. The department shall allowthe use ofa differenttime period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, orcombusted during the selected time period. (2) The department may presume that source-specific allowable emissions forthe unit are equivalentto the actual emissions ofthe unit. (3) Forany emissions unitthat has not begun normal operations on the particulardate, actual emissions shall equal the potential to emit ofthe unit on thatdate. (4) The term shall not applyfor calculating a significant emissions increase undersection 2(d) ofthis rule orfor establishing a PAL under 326 lAC 2-2.4. Instead, subsections (e) and (pp) shall appiyforthose purposes. (c) "Adverse impact on visibility" means visibility impairmentthat interferes with the management, protection, preservation, orenjoyment ofthe visitor's visual experience ofthe federal Class I area as defined in section 13 of this rule. This determination must be made on a case-by-case basis taking into accountthe geographic extent, intensity, duration, frequency, and time ofvisibility impairment, and howthese factors correiate with: (1) times ofvisitor use ofthe federal Class I area; and (2) the frequency and timing of natural conditions that reduce visibility. (d) "Allowable emissions" means the emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless a source is subjectto enforceable permit limits that restrictthe operating rate or hours ofoperation, or both) and the most stringentofthe: (1) applicable standards as setforth in 40 CFR Part 60* and 40 CFR Part 61*; (2) SIP emissions limitation, including those with afuture compliance date; or (3) emissions rate specified as an enforceable permit condition, including those with afuture compliance date.

Dale: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 1Indiana Register (e) "Baseline actual emissions" means the rate ofemissions, in tons peryear, ofa regulated NSR pollutant, as determined in accordancewith the following: (1) Forany existing electric utility steam generating unit, the term means the average rate, in tons peryear, at which the unitactually emitted the pollutant during any consecutive twenty-four (24) month period selected by the owneroroperatorwithin the five (5) year period immediately preceding when the owneroroperator begins actual construction ofthe project. The commissioner shall allowthe use ofa differenttime period upon a determination that it is more representative ofnormal source operation. The baseline actual emissions shall be determined in accordance with the following: (A) The average rate shall include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions to the extentthey are affected bythe project. (B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the sourcewas operating above any emission limitation thatwas legallyenforceable during the consecutive twenty-four (24) month period. (C) Fora regulated NSR pollutant, when a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period may be used to determine the baseline actual emissionsforthe emissions units being changed. A different consecutive twenty-four (24) month period can be used foreach regulated NSR pollutant. (D) The average rate shall not be based on any consecutive twenty-four(24) month period forwhich there is inadequate information available fordetermining annual emissions, in tons peryear, and for adjusting this amount if required by clause (B). (2) Foran existing emissions unitotherthan an electric utilitysteam generating unit, the term means the average rate, in tons peryear, atwhich the emissions unit actually emitted the pollutantduring any consecutive twenty-four (24) month period selected bythe owneroroperatorwithin the ten (10) year period immediately preceding eitherthe date the owneroroperator begins actual construction ofthe project orthe date a complete permit application is received bythe departmentfor a permit required bythis rule, exceptthat the ten (10) year period shall not include any period earlierthan November 15,1990. The baseline actual emissions shall be determined in accordance with the following:

(A) The average rate shall include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions to the extentthey are affected bythe project. (B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation thatwas legallyenforceable during the consecutive twenty-four (24) month period. 

### (C) The average rate shall be adjusted downward to exclude any emissionsthat would have exceeded an emission limitation with which the majorstationary source must currently comply had the majorstationary source been required to complywith the limitations during the consecutive twenty-four (24) month period. However, ifan emission limitation is part ofa maximum achievable control technology standard that the U.S. EPA proposed or promulgated under40 CFR Part 63*, the baseline actual emissions need only be adjusted ifthe department has applied the emissions reductions to an attainment demonstration or maintenance plan consistent with the requirements of326 lAC 2-3-3(b)(12). (D) Fora regulated NSR pollutant, when a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period may be used to determine the baseline actual emissions forall the emissions units being changed. A different consecutive twenty-four (24) month period can be used for each regulated NSR pollutant. (E) The average rate shall not be based on any consecutive twenty-four (24) month period forwhich there is inadequate information available for determining annual emissions, in tons peryear, and for adjusting this amount if required by clauses (B) and 

### (C). (3) Fora new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase thatwill resultfrom the initial construction and operation ofthe unit shall equal zero (0) and thereafter, for all other purposes, shall equal the unit's potential to emit. (4) Fora PALfora stationary source, the baseline actual emissions shall be calculated asfollows:

(A) Foran existing electric utilitysteam generating unit, in accordance with subdivision (1). (B) Foran existing emissions unitexcept an existing electric utility steam generating unit, in accordancewith subdivision (2). (C) Fora new emissions unit, in accordance with subdivision (3). (f) "Baseline area" means the following: (1) Any intrastate area (and every partthereof) designated as attainment or unclassifiable in accordance with 326 lAC 1-4 in which the major stationary source or major modification establishing the minorsource baseline date would construct orwould have an airquality impactequal to or greaterthan one (1) microgram percubic meter

### (~g/m3) (annual average) ofthe pollutantforwhich the minorsource baseline date is established.

Date: Jun 17.2011 10:55:37AM EDT DIN: 20110316-IR-326100505FRA Page2Indiana Register (2) Area redesignations under326 lAC 1-4 and Section 107(d)(1)(D) or 107(d)(1 )(E) ofthe CM cannot intersect or be smallerthan the area of impact ofany majorstationarysource or major modification that:

(A) establishes a minorsource baseline date; or (B) is subjectto 40 CFR Part 52.21* and this rule and would be constructed in the same state as the state proposing the redesignation. (3) Any baseline area established originallyforthe total suspended particulate (TSP) increments shall remain in effectand shall applyfor purposes ofdetermining the amount ofavailable PM10 increments, exceptthat the baseline area shall not remain in effect ifthe U.S. EPA rescinds the corresponding minorsource baseline date in accordance with 40 CFR Part 52.21 (b)(14)(iv)*. (g) "Baseline concentration" means thatambientconcentration level that exists in the baseline area atthe time ofthe applicable minorsource baseline date. A baseline concentration is determined for each pollutantforwhich a minorsource baseline date is established and shall include the following: (1) The actual emissions, as defined in subsection (b), representative ofsources in existence on the applicable minorsource baseline date except as provided in subdivision (3). (2) The allowable emissions ofmajor stationary sources that commenced construction before the majorsource baseline date, but were not in operation bythe applicable minorsource baseline date. (3) The following will not be included in the baseline concentration and will affectthe applicable maximum allowable increase or increases: (A) Actual emissions, as defined in subsection (b), from any major stationary source on which construction commenced afterthe majorsource baseline date. (B) Increases and decreases ofactual emissions, as defined in subsection (b), at any stationary source occurring afterthe minorsource baseline date. (h) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unitthatare ofa permanent nature. Such activities include, but are not limited to, the following: (1) Installation of building supports and foundations. (2) Laying underground pipework. (3) Construction of permanent storage structures. With respectto a change in method ofoperations, the term refers to those on-site activities otherthan preparatory activities that markthe initiation ofthe change. (i) "Bestavailable control technology" or "BACT" means an emissions limitation, including avisible emissions standard, based on the maximum degree of reduction for each regulated NSR pollutantthatwould be emitted from any proposed majorstationary source or major modification, thatthe commissioner, on a case-by-case basis, taking into account energy, environmental, and economic impacts and othercosts, determines is achievable forthe source or modification through application ofproduction processes oravailable methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofthe pollutant. 

### In no event shall application of BACT result in emissions ofany pollutantthatwould exceed the emissions allowed by any applicable standard under40 CFR Part 60* and 40 CFR Part 61 *. 

### Ifthe commissioner determines thattechnological oreconomic limitations on the application of measurement methodologyto a particularemissions unitwould make the imposition ofan emissions standard notfeasible, a design, equipment, work practice, operational standard, orcombination thereof may be prescribed instead to satisfythe requirements forthe application of BACT. The standard shall, to the degree possible, setforth the emissions reduction achievable by implementation ofthe design, equipment, work practice, oroperation and shall provide for compliance by means that achieve equivalent results. 

### 0) "Building, structure, facility, or installation" means all ofthe pollutant-emitting activities that belong to the same industrial grouping, are located on one (1) or more contiguous oradjacent properties, and are underthe control ofthe same person (or persons undercommon control) exceptthe activities ofanyvessel. Pollutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same majorgroup, for example, that have the same first two (2) digit code, as described in the Standard Industrial Classification Manual, 1972, as amended bythe 1977 Supplement (U.S. Government Printing Office)*. (k) "Clean coal technology" means anytechnology, including technologies applied atthe precombustion, combustion, or postcombustion stage, at a neworexisting facility thatwill achieve significant reductions in air emissions ofsulfurdioxide oroxides of nitrogen associated with the utilization ofcoal in the generation of electricity or process steam that was not in widespread use as ofNovember 15, 1990.

Date: Jun 17,201110:55:37AM EDT DIN: 20110316·IR-326100505FRA Page 3Indiana Register 

### (I) "Clean coal technology demonstration project" means a project using funds appropriated underthe heading "Department of Energy-Clean Coal Technology", up to a total amount oftwo billion five hundred million dollars ($2,500,000,000) forcommercial demonstration of clean coal technology orsimilar projects funded through appropriations for the U.S. EPA. The federal contribution fora qualifying project shall be at leasttwenty percent (20%) ofthe total cost ofthe demonstration project. (m) "Commence", as applied to construction of a majorstationary source or major modification, means that the owneroroperator has all necessary preconstruction approvals or permits and either has: (1) begun, orcaused to begin, a continuous program ofactual on-site construction ofthe SOurce to be completed within a reasonabletime; or (2) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owneror operator, to undertake a program of actual construction ofthe sourceto be completed within a reasonable time. (n) "Complete" means, in reference to an application fora permit, thatthe application contains all ofthe information necessaryfor processing the application. Designating an application completefor purposes ofpermit processing does not preclude the departmentfrom requesting oraccepting any additional information. 

### (0) "Construction" means any physical change orchange in the method ofoperation, including: (1) fabrication; (2) erection; (3) installation; (4) demolition; or (5) modification; ofan emissions unit, thatwould result in a change in emissions. (p) "Continuous emissions monitoring system" or"CEMS" means all ofthe equipment that may be required to meetthe data acquisition and availability requirements ofthis rule to complete the following: (1) Sample emissions on a continuous basis. (2) Ifapplicable, condition emissions. (3) Analyze emissions on a continuous basis. (4) Provide a record ofemissions on a continuous basis. (q) "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required forthe determination and recording ofthe pollutant mass emissions rate in terms ofmass per unit oflime. (r) "Continuous parameter monitoring system" or"CPMS" means all ofthe equipment necessaryto meetthe data acquisition and availability requirements ofthis rule to: (1) monitor:

(A) process and control device operational parameters; and (B) other information, such as gas flow rate, 02 or CO2 concentrations; and (2) record the average operational parametervalue on a continuous basis. (s) "Electric utility steam generating unit" means any steam electric generating unitthat is constructed forthe purpose ofsupplying more than one-third (1/3) ofits potential electric outputcapacity and more than twenty-five (25) megawatts electrical outputto any utility power distribution system forsale. Any steam supplied to a steam distribution system forthe purpose ofproviding steam to a steam-electric generatorthat would produce electrical energyfor sale is also considered in determining the electrical energyoutput capacity ofthe affected facility. (t) "Emissions unit" means any partofa stationary source thatemits orwould have the potential to emit any regulated NSR pollutant. For purposes ofthis rule, there are the following two (2) types ofemissions units: (1) A new emissions unit is any emissions unitthat is, orwill be, newly constructed and that has existed for less than two (2) years from the date the emissions unitfirst operated. (2) An existing emissions unit is any emissions unitthat does not meetthe requirements in subdivision (1). A replacement unit is an existing emissions unit.

Date: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 4Indiana Register (u) "Federal land manager" means, with respectto any lands in the United States, the secretary ofthe departmentwith authority overthe lands. (v) "Federally enforceable" means all limitations and conditions that are enforceable bythe U.S. EPA, including: (1) those requirements developed pursuantto 40 CFR Part 60" and 40 CFR Part61"; (2) requirements within the SIP; and (3) any permit requirements established pursuantto 40 CFR Part 52.21" or under regulations approved pursuantto 40 CFR Part 51, Subpart I", including operating permits issued underan EPA-approved program that is incorporated into the SIP and expressly requires adherence to any permit issued underthe program. (w) "FugitiVe emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening. (x) "High terrain" means any area having an elevation nine hundred (900) feet or more above the base ofthe stackof a source. (y) "Indian governing body" means the governing body ofanytribe, band, or group of Indians subjecttothe jurisdiction ofthe United States and recognized bythe United States as possessing powerof self-government. (z) "Indian reservation" means anyfederally recognized reservation established by: (1) treaty; (2) agreement; (3) executive order; or (4) act ofCongress. (aa) "Innovative control technology" means any system ofair pollution control that has not been adequately demonstrated in practice, butwould have a substantial likelihood ofachieving greatercontinuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lowercost in terms ofenergy, economics, or nonairqualityenvironmental impacts. (bb) "Lowest achievable emission rate" or "LAER" means, forany source, the more stringent rate ofemissions based on the most stringent emissions limitation ofthe following: (1) Contained in the SIP forthe class orcategory of stationary source unlessthe owneroroperatorofthe proposed stationary source demonstrates thatthe limitations are not achievable. (2) Achieved in practice bythe class orcategory ofstationary source. This limitation, when applied to a modification, means the LAER forthe newor modified emissions unitwithin the stationary source. In no event shall the application ofthe LAER allow a proposed new or modified stationarysource to emit any pollutant in excess ofthe amount allowable underapplicable newsource standards ofperformance. (cc) "Lowterrain" means any area otherthan high terrain. (dd) "Major modification" means any physical change in, orchange in the method ofoperation of, a major stationary source thatwould result in a significant emissions increase and asignificant net emissions increase of a regulated NSR pollutantfrom the major stationary source. The following shall apply: (1) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significantfor

## vac shall be considered significantforozone. (2) A physical change orchange in the method ofoperation shall not include the following:

(A) Routine maintenance, repair, and replacement. (8) Use ofan alternative fuel or raw material by reason ofan order underSections 2(a) and 2(b) ofthe Energy Supply and Environmental Coordination Act of 1974 or by reason ofa natural gas curtailment plan pursuantto the Federal PowerAct. 

### (C) Use ofan alternative fuel by reason ofan order underSection 125ofthe CM. (D) Use ofan alternative fuel at a steam generating unitto the extentthat the fuel is generated from municipal solid waste. (E) Use ofan alternative fuel or raw material by a source thatthe source:

Date: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page5Indiana Register (i) was capable ofaccommodating before January 6, 1975, unless the changewould be prohibited under any enforceable permit condition that was established afterJanuary 6, 1975, pursuantto:

(AA) 40 CFR Part52.21*; (BB) this rule; (CC) 326 lAC 2-3; or (DO) minor new source review regulations approved pursuant to 40 CFR Part 51.160 through 40 CFR Part51.166*; or (iI) is approved to use underany permit issued under40 CFR Part 52.21* or underthis rule. (F) An increase in the hours ofoperation or in the production rate unless the changEl would be prohibited underany enforceable permit condition thatwas established afterJanuary6, 1975, pursuantto 40 CFR Part 52.21 * or underthis rUle or326 lAC 2-3. (G) Any change in ownership ata source. (H) The installation, operation, cessation, or removal ofa temporary clean coal technology demonstration project provided thatthe project complies with:

(i) the SIP; and (iI) other requirements necessaryto attain and maintain the national ambient air quality standards during the project and afterthe project is terminated. (I) The installation oroperation ofa permanent clean coal technology demonstration project that constitutes repowering provided that the projectdoes not result in an increase in the potential to emit ofany regulated pollutantemitted bythe unit. This exemption shall apply on a pollutant-by-pollutant basis. (J) The reactivation ofavery clean coal-fired electric utilitysteam generating unit. (3) The term shall not applyto a particular regulated NSR pollutantwhen the majorstationary source is complying with the requirements under326 lAC 2-2 4 fora PAL forthat pollutant. Instead, the definition at 326 lAC 2-2.4-2(g) shall apply. (ee) "Majorsource baseline date" means the fOllowing: (1) In the case ofparticulate matterand sulfurdioxide, January 6, 1975. (2) In the case ofnitrogen dioxide, February 8,1988. 

### (If) "Majorstationary source" means the following: (1) Any ofthe following stationary sources ofair pollutants that are located or proposed to be located in an attainmentor unclassifiable area as designated in 326 lAC 1-4and that emit or have the potential to emit one hundred (100) tons peryearor more ofany regulated NSR pollutant:

(A) Fossil fuel-fired steam electric plants ofmore than two hundred fifty million (250,000,000) British thermal units per hour heat input. (B) Coal cleaning plants (with thermal driers). (C) Kraft pulp mills. (D) Portland cement plants. (E) Primaryzinc smelters. (F) Iron and steel mill plants. (G) Primary aluminum ore reduction plants. (H) Primary copper smelters. 

### (I) Municipal incinerators capable ofcharging more than fifty (50) tons of refuse per day. (J) Hydrofluoric, sulfuric, and nitric acid plants. (K) Petroleum refineries. (L) Lime plants. (M) Phosphate rockprocessing plants. (N) Coke oven batteries. 

### (0) Sulfur recovery plants. (P) Carbon black plants (furnace process). 

### (Q) Primary lead smelters. (R) Fuel conversion plants. (S) Sintering plants. (T) Secondary metal production plants. (U) Chemical process plants. (V) Fossil fuel boilers (orcombinations thereof) totaling more than two hundred fifty million (250,000,000) British thermal units per hour heat input. (W) Taconite ore processing plants. (X) Glass fiber processing plants. (Y) Charcoal production plants.

Dale: Jun 17,-201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 6Indiana Register (2) Petroleum storage and transfer units with atotal storage capacity exceeding three hundred thousand (300,000) barrels. (2) Any stationary source with the potential to emittwo hundred fifty (250) tons peryearor more ofa regulated NSR pollutant. (3) Any ofthe following stationarysources with potential emissions offive (5) tons peryear or more of lead or lead compounds measured as elemental lead:

(A) Primary lead smelters. (B) Secondary lead smelters. (C) Primary copper smelters. (D) Lead gasoline additive plants. (E) Lead-acid storage battery manufacturing plants that produce two thousand (2,000) or more batteries per day. (4) Any otherstationary source with potential emissions oftwenty-five (25) or more tons peryear of lead or lead compounds measured as elemental lead. (5) Any physical change occurring at a stationary source notqualifying undersubdivisions (1) through (4) ifthe change would by itselfqualifyas a major stationary source undersubdivisions (1) through (4). (6) Notwithstanding subdivisions (1) through (5), a source or modification of a source shall not be considered a majorstationary source ifitwould qualify undersubdivisions (1) through (5) only iffugitive emissions, to the extent quantifiable, are considered in calculating potential to emit ofthe stationary source or modification and the source does not belong to any ofthe categories listed in subdivision (1) orany otherstationarysource categorythat, as ofAugust 7, 1980, is being regulated underSection 111 or 112 ofthe CM (42 U.S.C. 7411 or42 U.S.C. 7412). (7) A majorstationary source that is majorfor

## vec shall be considered majorfor ozone. (gg) "Minorsource baseline date" means the earliest date afterthe trigger date on which a majorstationary source or major modification subjectto the requirements ofthis rule orto 40 CFR Part 52.21' submits a complete application underthe relevant regulations, including the following: (1) The trigger date is the following:

(A) In the case ofparticulate matterand sulfurdioxide, August 7, 1977. (B) In the case of nitrogen dioxide, February 8,1988. (2) The baseline date is established for each pollutantforwhich increments orotherequivalent measures have been established if:

(A) the area in which the proposed source or modification would construct is designated as attainment or unclassifiable under326 lAC 1-4 forthe pollutant on the date of its complete application underthis rule; and (B) in the case ofa majorstationary source, the pollutant would be emitted in significant amounts, or, in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (3) Any minorsource baseline date established originallyforthe TSP increments shall remain in effect and shall applyfor purposes ofdetermining the amount ofavailable PM10 increments, exceptthat the commissioner may rescind a minorsource baseline date where it can be shown, to the satisfaction ofthe commissioner, thatthe emissions increase from the majorstationary source, or net emissions increase from the major modification, responsible fortriggering that date did not result in a significant amount of PM10 

### emissions. (hh) "Necessary preconstruction approvals or permits" means those permits orapprovals required under federal airqualitycontrol laws and regulations and airquality control laws and regulations that are part ofthe SIP. (ii) "Net emissions increase", with respect to any regulated NSR pollutant emitted by a majorstationary source, means the following: (1) The amount bywhich the sum ofthe following exceeds zero (0):

(A) The increase in emissions from a particular physical change orchange in the method ofoperation at a stationarysource as calculated undersection 2(d) ofthis rule. (B) Any other increases and decreases in actual emissions atthe majorstationary source that are contemporaneous with the particularchange and are otherwise creditable. Baseline actual emissionsfor calCUlating increases and decreases underthis clause shall be determined as provided in subsection (e), exceptthat subsection (e)(1)(C) and (e)(2)(D) shall not apply. (2) An increase ordecrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the following: (A) The date five (5) years before construction ofthe particularchange commences. (B) The date thatthe increase from the particularchange occurs. (3) An increase ordecrease in actual emissions is creditable only ifthe department has not relied on the Date: Jun 17,2011 10:55:37AM EDT DIN: 20110316·IR-326100505FRA Page7Indiana Register increase ordecrease in actual emissions in issuing a permitto the source under40 CFR Part 52.21' orthis rule and the permit is in effectwhen the increase in actual emissions from the particularchange occurs. (4) An increase ordecrease in actual emissions ofsulfurdioxide. particulate matter. or nitrogen oxides that occurs before the applicable minorsource baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (5) An increase in actual emissions is creditable onlyto the extentthat a new level ofactual emissions exceeds the old level. (6) A decrease in actual emissions is creditable onlyto the extentthat:

(A) the old level ofactual emissions orthe old level ofallowable emissions. whichever is lower. exceedsthe new level of actual emissions; (8) it is enforceable as a practical matterat and afterthe time that actual construction on the particular change begins; and 

### (C) it has approximatelythe same qualitative significance for public health and welfare as that attributed to the increase from the particularchange. (7) An increase that resultsfrom the physical change at a source occurswhen the emissions unit on which construction occurred becomes operational and beginsto emit a particular pollutant. Any replacement unitthat requires shakedown becomes operational only aftera reasonable shakedown period notto exceed one hundred eighty (180) days. (8) Subsection (b)(1) shall notapplyfordetermining creditable increases and decreases. 

### OJ) "Plant-wide applicability limitation" or "PAL" means an emission limitation expressed in tons peryear. fora pollutant at a majorstationarysource. that is enforceable as a practical matterand established source-wide in

. accordance with this rule. Forthe purposes ofthis rule. a PAL is an actuals PAL. (kk) "Pollution prevention" means the following: (1) Any activitythat eliminates or reduces the release ofair pollutants. including fugitive emissions. and other pollutants to the environment priorto recycling. treatment. ordisposal. through:

(A) process changes; (8) product reformulation or redesign; or 

### (C) SUbstitution ofless polluting raw materials. (2) The term does not include:

(A) recycling. except certain in-process recycling practices; (8) energy recovery; 

### (C) treatment; or (D) disposal. (II) "Potential to emit" means the maximum capacity of astationary sourceto emit a pollutant under its physical and operational design. Any physical oroperational limitation on the capacity ofthe source to emit a pollutant. including air pollution control equipment and restrictions on hours ofoperation oron the type Oramount of material combusted. stored. or processed. shall be treated as part of its design ifthe limitation orthe effectit would have on emissions is enforceable as a practical matter. Secondary emissions do not count in determining the potential to emit ofa stationarysource. (mm) "Predictive emissions monitoring system" or "PEMS" means all ofthe equipment necessaryto. on a continuous basis: (1) monitor:

(A) process and control device operational parameters; and (8) other information. such as gas flow rate. 02 orCO2 concentrations; and (2) calculate and record the mass emissions rate. such as pounds perhour. (nn) "Prevention ofsignificant deterioration program" or"PSD program" means a majorsource preconstruction permit program that has been approved bythe U.S. EPAand incorporated into the SIP to implementthe requirements of40 CFR Part 51.166 orthe program in 40 CFR Part 52.21. Any permit issued underthe program is a major NSR permit. 

### (00) "Project" means a physical change in. orchange in the method ofoperation of. an existing major stationary source.

Date: Jun 17,2011 10:55:37AM EDT DIN: 20110316-IR-32610050SFRA PageB

### Indiana Register (pp) "Projected actual emissions" means the following: (1) The maximum annual rate, in tons peryear, atwhich an existing emissions unit is projected to emita regulated NSR pollutant in any consecutive twelve (12) month period ofthe five (5) years following the date the unit resumes regularoperation afterthe project, or in any consecutive twelve (12) month period ofthe ten (10) years following the date the unit resumes regular operation, ilthe project involves increasing the emissions unit's design capacity or its potential to emitthat regulated NSR pollutant and full utilization ofthe unitwould result in a significant emissions increase ora significant net emissions increase atthe major stationarysource. (2) In determining the projected actual emissions underthis subsection, before beginning actual construction, the owneroroperatorofthe majorstationarysource: (A) shall:

(i) considerall relevant information, including, but not limited to:

(M) historical operational data; (BB) the company's own representations; (CC) the company's expected business activityand the company's highest projections ofbusiness activity; (DD) the company's filings with the state orfederal regulatory authorities; and (EE) compliance plans underthe approved SIP; (ii) include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions to the extentthey are affected bythe project; and (iii) exclude, in calculating any increase in emissions that resultfrom the particular project, that portion of the unit's emissions following the projectthat an existing unitcould have accommodated during the consecutive twenty-four (24) month period used to establish the baseline actual emissions under subsection (e) and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (B) in lieu of using the method set out in clause (A), may electto use the emissions unit's potential to emit, in tons peryear, as defined undersubsection (II). (qq) "Reactivation ofa very clean coal-fired electric utilitysteam generating unit" means any physical change orchange in the method ofoperation associated with the commencement of commercial operations by a coal-fired utility unit aftera period ofdiscontinued operation where the unit: (1) has not been in operation forthe two (2) year period priorto the enactment ofthe CMAmendments of 1990, and the emissions from the unit continue to be carried in the department's emissions inventory atthe time ofenactment; (2) was equipped priorto shutdown with a continuous system ofemissions control thatachieves a removal efficiencyforsulfurdioxide of not less than eighty-five percent (85%) and a removal efficiencyfor particulates of not lessthan ninety-eight percent (98%); (3) is equipped with low-NO burners priorto the time ofcommencement ofoperations following reactivation; and x (4) is otherwise in compliance with the requirements ofthe CM. (rr) "Reasonablyavailable control technology" or "RACT" means devices, systems, process modifications, or otherapparatus ortechniques thatare reasonably available taking into account: (1) the necessityofimposing the controls in orderto attain and maintain a national ambient airquality standard; (2) the social, environmental, and economic impact ofthe controls; and (3) alternative means of providing for attainment and maintenance ofthe standard. (ss) "Regulated NSR pollutant" means any ofthe following: (1) Any:

(A) pollutantforwhich a national ambient airquality standard has been promulgated; and (B) constituents or precursors forthe pollutants identified bythe U.S. EPA. (2) Any pollutantthat is subjectto any standard promulgated underSection 111 ofthe CM. (3) Any Class I or 11 substance subjectto a standard promulgated underorestablished byTitle VI ofthe CM. (4) Any pollutantthatotherwise is subjectto regulation underthe CM meeeptthat as defined in subsection 

### (zz). (5) Notwithstanding subdivisions (1) through (4), any orall HAPs either listed in Section 112 ofthe CM or added to the list pursuantto Section 112(b)(2) ofthe CM, which have not been delisted pursuantto Section 112(b)(3) ofthe CM, are not regulated NSR pollutants unlessthe listed HAP is also regulated as a
Date: Jun 17,2011 10:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 9Indiana Register constituent or precursorofa general pollutant listed underSection 108ofthe CM. 

### t§1 (6) Notwithstanding subdivision (4), any pollutant listed in subsection (ww)(1 )(A) through (ww)(1 )(U). (tt) "Replacement unit" means an emissions unitforwhich all the criteria listed in subdivisions (1) through (4) are met. No creditable emission reductions shall be generated from shutting down the existing emission unitthat is replaced. The following applies: (1) The emissions unit is a reconstructed unitwithin the meaning of40 CFR 60.15(b)(1 

### )*, ortheemissions unit completelytakes the place ofan existing emissions unit. (2) The emissions unit is idenlicallo orfunctionally equivalentto the replaced emissions unit. (3) The replacement does not alterthe basic design parameters, as discussed in 40CFR51.165(h)(2), ofthe process unit. (4) The replaced emissions unit is permanently removed from the majorstationarysource, otherwise permanently disabled, or permanently barred from operation by a permitthat is enforceable as a practical matter. Ifthe replaced emissions unitis brought back into operation, it shall constitute a new emissions unit. (uu) "Repowering" means replacement ofan existing coal-fired boilerwith one (1) ofthe following clean coal technologies: (1) Atmospheric or pressurized fluidized bed combustion. (2) Integrated gasification combined cycle. (3) Magnetohydrodynamics. (4) Direct and indirectcoal-fired turbines. (5) Integrated gasification fuel cells. (6) As determined bythe U.S. EPA, in consultation with the Secretary of Energy, a derivative ofone (1) or more ofthese technologies, and any othertechnologycapable ofcontrolling multiple combustion emissions simultaneouslywith improved boileror generation efficiency and with significantly greaterwaste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. The term shall also include any oil or gas-fired unit, or both, that has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, bythe Department of Energy. The departmentshall give expedited consideration to permitapplications for any source thatsatisfies the requirements ofthis subsection and is granted an extension underSection 409 ofthe CM. (vv) "Secondary emissions" means emissions thatwould occuras a result ofthe construction oroperation of a majorstationarysource or major modification, but do not come from the major stationary source or major modification itself. The term includes emissions from any off-site supportfacility that would not be constructed or increase its emissions exceptas a resultofthe construction oroperation ofthe major stationary source or major modification. For the purpose ofthis rule, secondary emissions must be specific, well-defined, quantifiable, and impactthe same general area as the source or modification thatcauses the secondaryemissions. The term does not include any emissions thatcome directlyfrom a mobile source, such as emissions from: (1) the tailpipe ofa motorvehicle; (2) atrain; or (3) avessel. (ww) "Significant" means the following: (1) In reference to a net emissions increase orthe potential ofthe source to emit any ofthe following pollutants, a rate ofemissions thatwould equal orexceed any ofthe following rates:

(A) Carbon monoxide: one hundred (100) tons peryear. (B) Nitrogen oxides: forty (40) tons peryear. 

### (C) Sulfurdioxide: forty (40) tons peryear. (D) Particulate matter: twenty-five (25) tons peryear. (E) PM10: fifteen (15) tons peryear. (F) Ozone: forty (40) tons peryearofVOC. (G) Lead: six-tenths (0.6) ton peryear. (H) Asbestos: seven one-thousandths (0.007) ton peryear. (I) Beryllium: fourten-thousandths (0.0004) ton peryear. (J) Mercury: one-tenth (0.1) ton peryear. (K) Vinyl chloride: one (1) ton peryear. (L) Fluorides: three (3) tons peryear. (M) Sulfuric acid mist: seven (7) tons peryear. (N) Hydrogen sulfide (H2S): ten (10) tons peryear. Oat.: Jun 17,201110:S5:37AM EDT DIN: 20110316-IR-326100S0SFRA Page 10

### Indiana Register (0) Total reduced sulfur (including HzS): ten (10) tons peryear. (P) Reduced sulfurcompounds (including HzS): ten (10) tons peryear. (Q) 

### Municipal waste combustororganics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): thirty-five ten-millionths (0.0000035) or 3.5 x 10.6

### ton peryear. (R) Municipal waste combustor metals (measured as particulate matter): fifteen (15) tons peryear. (S) Municipal waste combustoracid gases (measured as sulfurdioxide and hydrogen chloride): forty (40) tons peryear. (T) Municipal solid waste landfills emissions (measured as nonmethane organiccompounds): fifty (50) tons peryear. (U) Ozone-depleting substances (ODS): one hundred (100) tons peryear. (V) Pollutant greenhouse gases (GHGs): as specified in subsection (zz). 

## M (W) Any regulated NSR pollutant otherthan the pollutants listed in this subsection: any emission rate. (2) Any emissions rate orany netemissions increase associated with a majorstationarysource or major modification that:

(A) would be constructed within ten (10) kilometers ofa Class I area; and (8) has an impacton the area equal to orgreaterthan one (1) microgram percubic meter (24-hour average). (xx) "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant, as defined in subsection (ww), 

### forthat pollutant. (yy) "Stationarysource" means any building, structure, facility, or installation that emits or mayemit a regulated NSR pollutant. A stationarysource does not include emissions resulting from an internal combustion engine used fortransportation purposes orfrom a nonroad engine or nonroad vehicle. (zz) "Subjectto regulation" means, for any air pollutant, thatthe pollutant is subjectto eithera provision in the CAA, ora nationally applicable regulation codified bythe U.S. EPA in 40 CFR, Chapter I, SubchapterC, that requires actual control ofthe quantity ofemissions ofthat pollutant, and thatthe control requirement has taken effect and is operative to control, limit, or restrict the quantity ofemissions ofthat pollutant released from that regulated activity, except as follows: (1) Greenhouse gases (GHGs), the airpollutant defined in 40 CFR 86.1818-12(a)*, as added by 75 FR 25686 (May7, 2010), as the aggregate group ofsix (6) greenhouse gases shall not be subjectto regulation except as provided in subdivisions (4) and (5). Pollutant GHGs includes the following:

(A) Carbon dioxide. (B) Nitrous oxide. (C) Methane. (0) Hydrofluorocarbons. (E) Perfluorocarbons. (F) Sulfur hexafluoride. (2) For purposes ofsubdivisions (3) through (5), "tons peryear (tpy) COzequivalent emissions (COze)" shall represent an amount ofGHGs emitted and shall be calculated as follows:

(A) Multiplythe mass amount ofemissions in tpy foreach ofthe six (6) greenhouse gases in the pollutant GHGs bythe gas's associated global warming potential published in 40 CFR 98, SubpartA, Table A-1 (Global Warming Potentials)*, as added by 74 FR 56395 (October30,2009). (B) Sum the resultantvalue from clause (A) foreach gas to compute atpy COze. (3) "Emissions increase", as used in subdivisions (4) and (5), meansthat both a significant emissions increase as calculated using the procedures in 40 CFR 51.166(a)(7)(iv)* and a significant net emissions increase as defined in subsections 

### (i1) and (ww) occur. Forthe pollutant GHGs, an emissions increase shall be based on tpy CO e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significanr' is defined as seventy-five thousand (75,000) tpy COze instead ofapplying the value in subsection (ww)(1)(W). (4) Beginning January2,2011, the pollutant GHGs is subjectto regulation ifthe stationarysource is:

(A) a new majorstationarysource fora regulated NSR pollutantthat is not GHGs and will emitorwill have the potential to emitseventy-five thousand (75,000) tpy COze or more; or (B) an existing majorstationary sourcefor a regulated NSR pollutantthat is not GHGs and will have an emissions increase ofa regulated NSR pollutant, and an emissions increase ofseventy-five thousand (75,000) tpy C02

### eor more. (5) Beginning July 1, 2011, in addition to the provisions in subdivision (4), the pollutant GHGs shall be subjectto regulation at:

(A) a newstationarysource that will emit orwill havethe potential to emit one hundred thousand Date: Jun 17,201110:55:37AM EDT DIN: 20110316·IR·326100505FRA Page 11

### Indiana Register (100,000) tpy CO e or more; or (8) an existing si'ationary source that emits or has the potential to emit one hundred thousand (100,000) tpy C02

### e or more, when such stationarysource undertakes a physical change orchange in the method ofoperation thatwill result in an emissions increase ofseventy-five thousand (75,000) tpy C02

### e or more.

(aaa) "Temporaryclean coal technology demonstration project

.. means aclean coal technology demonstration projectthat: (1) is operated fora period offive (5) years or less; and (2) complies with the SIP and other requirements necessaryto attain and maintain the national ambient air qualitystandards during the project and afterthe project is terminated. 'These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 orare available for review and copying atthe Indiana Department of Environmental Management, Office ofAirQuality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard;

### 326 lAC 2-2-1; filedMar 10, 

### 1988, 1:20p.m.: 

### 11 IR

### 2391; filedApr

### 13, 1988, 3:35 p.m.: 

### 11 IR3022;fifedJan 

### 6, 1989, 3:30p.m.: 

### 12 IR 1102; fifedJun 

### 14, 1989, 5:00p.m.: 

### 12 IR2020; filedNov25, 

### 1998, 12:13p.m.:221R

### 997; errata filedMay

### 12, 1999, 11:23 a.m.:221R3105; fifed Oct

### 23, 2000, 

### 9:47 a.m.:24 IR

### 668; filedMar23,2001,3:03p.m.:241R

### 2412; fifedDec20,2001,4:30p.m.:251R 

### 1557; fifedMar9,2004, 3:45p.m.: 

### 27 IR

### 2216; filedAug 10, 2004, 

### 3:35p.m.:271R

### 3889; fifed Oct 

### 1, 2010, 

### 3:48p.m.: 20101027-IR-326070372FRA; fifedFeb 

### 14, 2011, 11:20a.m.:20110316-IR-326100505FRA)


### SECTION 2. 326 lAC 2-2-4 IS AMENDED TO READ AS FOLLOWS: 326 lAC 2-2-4 Airqualityanalysis; requirements Authority: IC 13-14-8; IC 13-17-3 Affected: IC 13-15; IC 13-17

Sec. 

### 4. (a) Any application for a permit underthe provisions ofthis rule shall contain an analysis ofambient air quality in the area thatthe majorstationary source

### or major modification would affectforeach ofthe following pollutants: (1) Fora source, each 

### regulated NSR pollutantthatthe source would have the potential to emit in asignificant amount. (2) Fora modification, each regulated NSR pollutantforwhich the modification would result in a significant net 

### emissions increase. (b) Exemptions are as follows: (1) The requirements ofthis section shall not applyto a majorstationary source or major modification with respect to a particular pollutant ifthe allowable emissions ofthat pollutantfrom the source orthe net emissions increase ofthat pollutantfrom the modification would:

(A) impact no Class I area and no area where an applicable increment is known to be violated; and (8) be temporary. (2) A source ormodification shall be exemptfrom the requirements ofthis section with respect to monitoring for a particular pollutant ifeitherofthe following apply: (A) The emissions increase ofthe pollutantfrom a newsource orthe net emissions increase

### ofthe pollutant from a modification would causejin anyarea, airquality impacts lessthan the following:

(i) Carbon monoxide: 575**~g/m** , 

### 8-houraverage. (ii) Nitrogen dioxide: 14

### ~g/m3, annual average. 

### (iii) PM 0: 

### 10

### ~g/m3, 24-houraverage. (iv) Sullurdioxide: 13

## ~g/m3, 24-houraverage. (v) Ozone: No de minimis airquality level is provided for ozone; however, any net increase ofone hundred (100) tons peryearor more ofVOC subjectto PSD would be required to provide ozone ambient airquality data. (vi) Lead: 0.1

### ~g/m3, 3-month average. (vii) Mercury: 0.25

### ~g/m3, 24-houraverage.

Date: Jun 17.2011 10:55:37AM EDT DIN: 20110316·IR-326100505FRA Page 12

### Indiana Register (viii) Beryllium: 0.001

### ~g/m3, 24-houraverage. (ix) Fluorides: 0.25

### ~g/m3, 24-houraverage. (x) Vinyl chloride: 15

### ~g/m3, 24-houraverage. (xi) Total reduced sulfur: 10 mg/m3

, 

### 1-houraverage. (xii) Hydrogen sulfide: 0.2

### ~g/m3, 1-houraverage. (xiii) Reduced sulfurcompounds: 10

### ~g/m3, 1-houraverage. (B) The concentrations ofthe pollutant in the area affected bythe source or modification are less than the concentrations listed in clause (A) orthe pollutant is not listed in clause (A). (3) The requirements ofthis section shall not applyto a majorstationary source or major modification with respect to pollutant GHGs. (c) All monitoring required bythis section shall be done in accordance with the following provisions: (1) With respectto any pollutantforwhich no ambient airquality standard designated in 326 lAC 1-3 exists, the analysis shall contain such airquality monitoring data as the commissioner determines is necessaryto assess ambient airqualityforthat pollutant in any area thatthe emissions ofthat pollutantwould affect. (2) With respect to any pollutant (otherthan nonmethane hydrocarbons) forwhich an ambient airquality standard as designated in 326 lAC 1-3 exists, the analysis shall contain continuous airquality monitoring data gathered forthe purpose ofdetermining whether emissions ofthat pollutantwould cause orcontribute to a violation ofthe standard orany maximum allowable increase. (3) In general, the continuous airquality monitoring data that is required shall have been gathered overa period ofat least one (1) year preceding receipt ofthe application, exceptthat, ifthe commissionerdetermines that a complete and adequate analysis can be accomplished with monitoring data gathered overa period shorterthan one (1) year (but not less than four (4) months), the data that is required shall have been gathered overat leastthat shorter period. (4) The owneroroperatorofthe proposed majorstationarysource or major modification ofVOC who satisfies all conditions of40 CFR Part 51, Appendix S, Section IV* may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required underthis subsection. (5) The owneroroperatorof a majorstationarysource or major modification shall, afterconstruction ofthe source or modification, conductsuch ambient monitoring as the commissioner determines is necessaryto determine the effect ofthe emissions that the source or modification may have, or is having, on airquality in anyarea. (6) The owneroroperatorofa majorstationarysource or major modification shall complywith the requirements of40 CFR Part 58, Appendix B' during operation of monitoring stations for purposes of complying with this section. (7) All airquality monitoring shall be done in accordance with state and federal monitoring procedures as set forth in the following references: May 1987 U.S. EPA, "AmbientAir Monitoring Guidelines for Prevention of Significant Deterioration" (EPA45014-87-007)* and the May 1999, "Indiana Department of Environmental Management, Office ofAir ManagementQualityAssurance Manual*". 'These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 orare available for review and copying atthe Indiana Department of Environmental Management, Office ofAirQuality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 326/AC 2-2-4: filedMar 10, 1988, 1:20p.m.: 111R2396; filedApr13, 1988,3:35 p.m.: 111R3026; filedJan 

### 6, 1989,3:30p.m.: 121R 1099; filedMar23,2001,3:03p.m.:241R2420; filedDec20, 2001, 4:30p.m.: 25/R 1565; filedAug 10, 2004, 3:35p.m.:27/R3901; filed Oct 1, 2010, 3:48p.m.: 20101027-IR-3260703l2FRA; filedFeb 14, 2011, 11:20a.m.: 20110316-IR-326100505FRAJ
SECTION 3. 326 lAC 2-7-1 IS AMENDED TO READ AS FOLLOWS: 326 lAC 2·7·1 Definitions Authority: IC 13.14·8; 

### Ie 13·17·3-4; IC 13·17·3·11 Affected: IC 13·11·2

Sec. 1. For purposes ofthis rule, the definition given for a term in this rule shall control in any conflict between 326 lAC 1-2 and this rule. In addition to the definitions provided in IC 13-11-2, 326 lAC 1-2, and 326 lAC 2-1.1, the following definitions applythroughoutthis rule unless expressly stated otherwise or unless the context clearly Date: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 13Indiana Register implies otherwise: (1) "Acid rain program" means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV ofthe CAA, 40 CFR 72", and 40 CFR 75" through 40 CFR 78", 58 FR 3590", and regulations implementing Sections407 and 410 ofthe CAA. (2) "Actual emissions" means the actual rate ofemissions in tons peryear of any regulated pollutant emitted from a Part 70 source overthe preceding calendaryearor any other period determined bythe commissioner to be representative ofnormal source operation. (3) "Affected source" shall have the meaning given to it in the regulations promulgated underTitle IV ofthe CAA. (4) "Affected states" means all states:

(A) whose airquality may be affected and are contiguous to the state of Indiana; or (B) that are within fifty (50) miles ofthe permitted source. (5) "Affected unit" shall have the meaning given to it in the regulations promulgated underTitle IV ofthe CAA. (6) "Applicable requirement" means all ofthe following as they applyto emissions units in a Part 70 source (including requirements that have been promulgated or approved bythe U.S. EPAthrough rulemaking atthe time ofpermit issuance but have future effective compliance dates): (A) Any standard orother requirement provided for in the applicable implementation plan approved or promulgated bythe U.S. EPAthrough rulemaking underTitle I ofthe CAAthat implements the relevant requirements ofthe CAA, including any revisions to that plan promulgated in 40 CFR 52". (B) Any term orcondition ofany preconstruction permits issued under regulations approved orpromulgated through rulemaking underTitle I, including Part C or 0 ofthe CAA. 

### (C) Any standard orotherrequirement under Section 111 ofthe CAA, including Section 111(d) ofthe CAA. (D) Any standard orother requirement underSection 112 ofthe CAA, including any requirement concerning accident prevention under Section 112(r)(7) ofthe CAA. (E) Any standard orother requirement ofthe acid rain program underTitle IV ofthe CAAorthe regulations promulgated thereunder. (F) Any requirements established under Section 504(b) or 114(a)(3) ofthe CAA. (G) Any standard orother requirement under Section 126(a)(1) and 126(c) ofthe CAA. (H) Any standard orotherrequirement governing solid waste incineration under Section 129 ofthe CAA. (I) Any standard orother requirementforconsumerand commercial products under Section 183(e) ofthe CAA. (J) Any standard orother requirementfortankvessels under Section 183(f) ofthe CAA. (K) Any standard orother requirement ofthe Code of Federal Regulations promulgated to protect stratospheric ozone underTitle VI ofthe CAA, unless the U.S. EPAhas determined that the requirements need not be contained in a Part 70 permit. (L) Any national ambient air qualitystandard or increment orvisibility requirement under Part C ofTitle I of the CAA, but onlyas it would applyto temporary sources permitted under Section 504(e) ofthe CAA. (7) "Area source" means any stationary source of HAPs that is not a majorsource. The term does not include motorvehicles or nonroad vehicles subjectto regulation underTitle II ofthe CAA. (8) "Clean AirAct" or "CAA" meansthe Clean AirAct, as amended (including the Clean Air ActAmendments of 1990 (P.L.101-549)), 42 U.S.C. 7401, etseq. (9) "Code of Federal Regulations" or"CFR", unless otherwise provided, has the same meaning as setforth in 326 lAC 1-1-3. (10) "Designated representative" shall have the meaning given to it in Section 402(26) ofthe CAA and the regulations promulgated thereunder. (11) "Draft Part 70 permit" means the version ofa Part 70 permit forwhich the commissioneroffers public participation and notice to affected states undersection 17ofthis rule. (12) "Emergency" means any situation, including acts ofGod, arising from sudden and reasonably unforeseeable events beyond the reasonable control ofthe source that:

(A) requires immediate corrective action to restore normal operation; and (B) causes the source to exceed an emission limit undera Part 70 permit due to unavoidable increases in emissions attributable to the emergency. The term shall not include noncompliance to the extent caused by improperly designed equipment, failure to implement an adequate preventive maintenance plan, careless or improperoperation, or operator error. (13) "Emission limitation orstandard" means any ofthe following as defined underthe CAA:

(A) A federally enforceable emission limitation orstandard. (B) A standard ofperformance. 

### (C) A means ofemission limitation. An emission limitation orstandard may be expressed in terms ofthe pollutant, expressed eitheras a specific quantity, rate, orconcentration ofemissions (for example, pounds ofsulfur dioxide (S02) per hour, pounds of sulfur dioxide (S02) per mmBtu, or kilograms ofVOC per literofapplied coating solids) or as the relationship Date: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 14Indiana Register ofuncontrolled to controlled emissions (forexample, percent capture and destruction efficiency ofVOC or percent reduction of S02)' An emission limitation orstandard may also be expressed eitheras awork practice process orotherform at design, equipmentoperation, oroperation and maintenance requirement. (14) "Emissions allowable underthe Part 70 permit" means a federally enforceable Part 70 permit term or condition determined at issuance to be required byan applicable requirement that establishes an emissions limit (including a work practice standard) ora federally enforceable emissions cap that the source has assumed to avoid an applicable requirementto which the source would otherwise be subject. (15) "Emissions unit" means any part oractivity ofa stationary source that emits or has the potential to emit any regulated air pollutant orany pollutant listed underSection 112(b) ofthe CM. The term is not meantto alteroraffectthe definition of unitfor purposes ofTitle IVofthe CM. (16) "Federally enforceable state operating permit" or "FESOP" means a permit issued under326 lAC 2-8. (17) "Final Part 70 permit" means the version ofa Part 70 permit issued bythe commissionerthat has completed all review procedures required by sections 17 and 18 ofthis rule. (18) "Fugitive emissions" means emissions that could not reasonably pass through a stack, chimney, vent, or otherfunctionally equivalent opening. (19) "General Part 70 permit" means a Part 70 permit that is applicable to a class or category ofsources or modifications thereto, whether or not undercommon ownership or control, that are subject to similarapplicable requirements. (20) "Health-based emission limit" means any enforceable condition the sale purpose ofwhich is to protect public health orwelfare without regard to technical achievability, including, but not limited to, any requirement in a permit based on:

(A) an emission standard for HAPs promulgated under40 CFR 61*, including 326 lAC 14; (B) conditions to prevent significant deterioration ofairquality established under40 CFR 52.21 *, including 326 lAC 2-2-5 and 326 lAC 2-2-6 but excluding conditions based on BACT; (C) limits relied upon in aformal attainment demonstration supporting a SIP approved bythe U.S. EPA underSection 11 0(a)(2)(K) ofthe CM, with the exception oflimits based on RACT for sources ofVOCs in areas designated attainmentfor ozone in accordance with the CM; or (D) conditions established as residual risk standards under42 U.S.C. 7412(f). (21) "Insignificant activity" has any ofthe meanings, subject to clauses (A) through (D), specified in clauses (E) through (K) as follows: (A) Detailed information concerning emissions from activities or equipment listed in clauses (E) through (K) is not required in a permit application submitted underthis rule or326 lAC 2-8; however, additional emissions information must be provided upon request bythe department. (B) Notwithstanding any other requirements in this rule, the applicant shall include all emissions sources and quantify emissions if needed to determine:

(i) majorsource status; (ii) compliance with any applicable requirement; or (iii) the applicability ofany applicable requirement. Identification ofan activity orequipmentas insignificant underthis section does not preclude the inclusion of the activity or equipment in a compliance plan or protocol as appropriate. (C) Notwithstanding any other provision ofthis rule or326 lAC 2-6, emissions from activities defined as insignificant in this subdivision ortrivial in subdivision 

### (4G7 (41) need not be included in a source's annual emission statement required by 326 lAC 2-6. (D) A change in a source's insignificant ortrivial activities orthe addition of an insignificant activity ortrivial activity shall not constitute a modification for purposes ofsections 10.5 and 12 ofthis rule, ifthe new activity or modified activity:

(i) meets the definition ofinsignificant activity ofthis subdivision ortrivial activity ofsubdivision t4G); (41); (ii) has all applicable requirements and associated monitoring in the current permit; and (iii) is not a modification underany provision ofTitle I ofthe CM. The department may request that the source update its list ofinsignificant activities as part of its annual compliance certification. (E) An emission unit oractivitywhose potential uncontrolled emissions meetthe exemption levels specified in 326 lAC 2-1.1-3(e)(1) orthe exemption levels specified in the following, whichever is lower:

(i) For lead or lead compounds measured as elemental lead, the exemption level is six-tenths (0.6) ton per year orthree and twenty-nine hundredths (3.29) pounds perday. (ii) Forcarbon monoxide (CO), the exemption limit is twenty-five (25) pounds perday. (iii) Forsulfurdioxide, the exemption level is five (5) pounds per hourortwenty-five (25) pounds perday. (iv) ForVOC, the exemption limit is three (3) pounds per hourorfifteen (15) pounds perday. (v) For nitrogen oxides (NO ), the exemption limit is five (5) pounds per hourortwenty-five (25) pounds per x day. (F) Foran emission unit oractivitywith potential uncontrolled emissions of particulate matterwith an Date: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 15Indiana Register aerodynamicdiameter less than orequal to ten (10) micrometers (PM10), the exemption level is eitherfive (5) pounds per hourortwenty-five (25) pounds perday. (G) For units with potential uncontrolled emissions of HAPs, that are not listed as insignificant in clauses (H) through (L) ordefined as trivial in subdivision

### \4G1; (41), an insignificant activity is any ofthe following:

(i) Any unit, not regulated by a NESHAP, emitting greaterthan one (1) pound perday but less than five (5) pounds perdayorone (1) ton peryear ofasingle HAP. (ii) Any unit, not regulated by a NESHAP, emitting greaterthan one (1) pound perday but less than twelve and five-tenths (12.5) pounds perdayortwo and five-tenths (2.5) tons peryearofany combination of HAPs. Thesource shall provide a description ofthe insignificant activity, including identification ofthe HAPs emitted and any applicable requirements. A source may rely on MSDS sheets, product labels, other manufacturer's information, orothertechnical and scientificjudgementfor identification of HAPs. Insignificantactivities that are partofa multistep process line shall be reported as such on the operating permit application, and the source shall include a description ofthe function and components ofthe process line on the operating permit application. Insignificantactivities that perform equivalentfunclions shall be grouped, and the function and numberofthose units shall be included on the operating permit application. (H) Emissions from a laboratory as defined in this clause. As used in this clause, "laboratory" means a place oractivity devoted to experimental studyorteaching, orto the testing and analysis ofdrugs, chemicals, chemical compounds orothersubstances, orsimilaractivities, prOVided thatthe activities described in this clause are conducted on a laboratoryscale. Activities are conducted on a laboratoryscale ifthe containers used for reactions, transfers, and other handling ofsubstances are designed to be easily and safely manipulated by one (1) person. 

### Ifafacility manufactures or produces products for profit in any quantity, it shall not be considered to be a laboratory underthis clause. Supportactivities necessaryto the operation of the laboratoryare considered to be partofthe laboratory. Support activities do not include the provision of powerto the laboratoryfrom sources that provide powerto multiple projects orfrom sources thatwould otherwise require permitting, such as boilers that provide powerto an entire facility. (I) Emissionsfrom research and development activities as defined in this clause. As used in this clause, "research and developmentactivities" means activities conducted underclose supervision oftechnically trained personnel thatare not engaged in the manufacture of products for sale, exchange forcommercial profit, ordistribution, except in a de minimis mannerand the primary purpose ofwhich is to:



### (i) test more efficient production processes; 

### (ii) test methodsfor preventing or reducing adverse environmental impacts; or (iii) conduct research and development into new processes and products. Support activities necessaryto the research and development activities are considered to be part ofthe research and development activities. Support activities do not include the provision ofpowerto the research and development activities from sources that provide powerto multiple projects orfrom sources thatwould otherwise require permitting, such as boilers that provide powerto a source orsolid waste disposal units, such as incinerators. (J) Emissions from educational and teaching activities as defined in this clause. As used in this clause, "educational and teaching activities" means activities conducted at public and nonpublicschools and postsecondary educational institutions for educational, vocational, agricultural, occupational, employment, or technical training purposes provided the activities do not include the production ofan intermediate orfinal productfor sale orexchange for commercial profit ordistribution. Support activities necessaryto the educational and teaching activities are considered to be part ofthe educational and teaching activities. Support activities do not include the provision ofpowerto the educational and teaching activities from sources that provide powerto multiple projects orfrom sources thatwould otherwise require permitting, such as boilers that provide powerto a source orsolid waste disposal units, such as incinerators. (K) Any ofthe following listed activities:

(i) Combustion related activities, asfollows:

(AA) Space heaters, process heaters, heattreat furnaces, or boilers using the following fuels:

(aa) Natural gas-fired combustion sources with heat input equal to orless than ten million (10,000,000) British thermal units per hour. (bb) Propane or liquified petroleum gas or butane-fired combustion sources with heat input equal to or less than six million (6,000,000) British thermal units per hour. (cc) Fuel oil-fired combustion sources with heat inputequal to or lessthan two million (2,000,000) British thermal units per hourand firing fuel containing equal to or less than five-tenths percent (0.5%) sulfur by weight. (dd) Wood-fired combustion sources with heat input equal to or less than one million (1,000,000) British thermal units per hourand not burning treated wood orchemically contaminated wood. (BB) Equipment powered by diesel fuel fired or natural gas fired internal combustion engines ofcapacity equal to or less than five hundred thousand (500,000) British thermal units per hourexcept where total Date: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 16Indiana Register capacity ofequipment operated by one (1) stationary source as defined by subdivision (38) exceeds two million (2,000,000) British thermal units per hour. (CC) Combustion source flame safety purging on start-up. (ii) Fuel dispensing activities, as follows:

(AA) A gasoline fuel transfer dispensing operation handling less than or equal to one thousand three hundred (1,300) gallons per day and filling storage tanks having a capacityequal to or less than ten thousand five hundred (10,500) gallons. Such storage tanks may be in a fixed location oron mobile equipment. (BB) A petroleum fuel otherthan gasoline dispensing facility, having a storage tank capacity less than or equal to ten thousand five hundred (10,500) gallons, and dispensing three thousand five hundred (3,500) gallons perday or less. (iii) The following

# vac and HAP storage containers:

(AA) Storage tanks with capacity less than or equal to one thousand (1,000) gallons and annual throughputs equal to or less than twelve thousand (12,000) gallons. (BB) Vessels storing the following:

(aa) Lubricating oils. (bb) Hydraulic oils. (cc) Machining oils. (dd) Machining fluids. (iv) Refractory storage not requiring air pollution control equipment. (v) Equipment used exclusivelyforthe following:

(AA) Packaging the following:

(aa) Lubricants. (bb) Greases. (BB) Filling drums, pails, orother packaging containers with the following:

(aa) Lubricating oils. (bb) Waxes. (cc) Greases. (vi) Production.related activities, including the following:

(AA) Application of:

(aa) oils; (bb) greases; (cc) lubricants; and (dd) nonvolatile material; as temporary protective coatings. (BB) Machining where an aqueous cutting coolant continuously floods the machining interface. (CC) Oegreasing operations that do not exceed one hundred forty-five (145) gallons psrtwelve (12) months, except if subjectto 326 lAC 20-6. (DO) Cleaners and solvents characterized as having avapor pressure equal to or less than:

(aa) two (2.0) kilo Pascals (fifteen (15) millimeters ofmercury orthree-tenths (0.3) pound persquare inch) measured at thirty-eight (38) degrees Centigrade (one hundred (100) degrees Fahrenheit); or (bb) seven-tenths (0.7) kilo Pascal (five (5) millimeters of mercury or one-tenth (0.1) pound persquare inch) measured attwenty (20) degrees Centigrade (sixty-eight (68) degrees Fahrenheit); the use ofwhich, for all cleaners and solvents combined, does not exceed one hundred forty-five (145) gallons pertwelve (12) months. (EE) The following equipment related to manufacturing activities not resulting in the emission of HAPs:

(aa) Brazing. (bb) Cutting torches. (cc) Soldering. (dd) Welding. (FF) Closed loop heating and cooling systems. (GG) Infrared cure equipment. (HH) Exposure chambers (towers or columns), for curing of ultraviolet inks and ultraviolet coatings where heat is the intended discharge. (II) Any ofthe following structural steel and bridge fabrication activities:

(aa) Cutting two hundred thousand (200,000) linearfeet or less of one (1) inch plate or equivalent per year. (bb) Using eighty (80) tons or less ofwelding consumables peryear. (vii) Activities associated with the following recovery systems:

(AA) Rolling oil recoverysystems. (BB) Ground water oil recoverywells. Date: Jun 17,2011 10:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 17Indiana Register (viii) Solvent recycling systems with batch capacity less than orequal to one hundred (100) gallons. (ix) Waterbased activities, including the following:

(AA) Activities associated with the treatment ofwastewater streams with an oil and grease content less than or equal to one percent (1%) byvolume. (BB) Water run-off ponds for petroleum coke-cutting and coke storage piles. (CC) Activities associated with the transportation and treatmentofsanitary sewage, provided discharge to the treatment plant is underthe control ofthe owner oroperator, that is, an on-site sewage treatment facility. This does not include sanitary sludge incineration. (DO) Any operation using aqueous solutions containing less than or equal to one percent (1%) byweight ofVOCs excluding HAPs. (EE) Water based adhesives that are less than orequal to five percent (5%) byvolume ofVOCs excluding HAPs. (FF) Noncontact cooling tower systems with either ofthe following:

(aa) Natural draftcooling towers not regulated undera NESHAP. (bb) Forced and induced draft cooling tower systems not regulated undera NESHAP. (GG) Quenching operations used with heattreating processes. Oil, grease, orVOC content shall be determined by atest method acceptable to the department and the U.S. EPA. (x) Repair activities, including the following:

(AA) Replacement or repair ofelectrostatic precipitators, bags in baghouses, and filters in other air filtration equipment. (BB) Heatexchanger cleaning and repair. (CC) Process vessel degassing and cleaning to prepare for internal repairs. (xi) Trimmers that:

(AA) do not produce fugitive emissions; and (BB) are equipped with a dust collection ortrim material recovery device, such as a bag filterorcyclone. (xii) Stockpiled soils from soil remediation activities that are covered and waiting transportfor disposal. (xiii) Paved and unpaved roads and parking lots with public access. (xiv) Conveyors asfollows:

(AA) Covered conveyors forsolid raw material, including the following:

(aa) Coal orcoke conveying ofless than or equal to three hundred sixty (360) tons perday. (bb) Limestone conveying ofless than or equal to seven thousand two hundred (7,200) tons perdayfor sources otherthan mineral processing plants constructed afterAugust 31, 1983. (BB) Uncovered coal orcoke conveying of lessthan or equal to one hundred twenty (120) tons per day. (CC) Underground conveyors. (DO) Enclosed systemsfor conveying plastic raw material and plasticfinished goods. (xv) Coal bunkerand coal scale exhausts and associated dustcollectorvents. (xvi) Asbestos abatement projects regulated by 326 lAC 14-10. (xvii) Routine maintenance and repair ofbuildings, structures, orvehicles at the source where air emissions from those activities would not be associated with any production process, including the following:

(AA) Purging ofgas lines. (BB) Purging ofvessels. (xviii) Flue gas conditioning systems and associated chemicals, such as the following:

(AA) Sodium sulfate. (BB) Ammonia. (CC) Sulfurtrioxide. (xix) Equipment used to collect any material that might be released during a malfunction, process upset, or spill cleanup, including the following:

(AA) Catch tanks. (BB) Temporary liqUid separators. (CC) Tanks. (DO) Fluid handling equipment. (xx) Blowdown forthe following:

(AA) Sight glass. (BB) Boiler. (CC) Cooling tower. (DO) Compressors. (EE) Pumps. (xxi) Furnaces used for melting metals otherthan beryllium with a brim full capacity equal to orless than four hundred fifty (450) cubic inches byvolume. Date: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 18Indiana Register (xxii) Activities associated with emergencies, including the following:

(AA) On-site fire training approved bythe department. (BB) Emergency generators as follows:

(aa) Gasoline generators not exceeding one hundred ten (110) horsepower. (bb) Diesel generators not exceeding one thousand six hundred (1,600) horsepower. (cc) Natural gas turbines or reciprocating engines not exceeding sixteen thousand (16,000) horsepower. (CC) Stationaryfire pump engines. (xxiii) Grinding and machining operations controlled with fabricfilters, scrubbers, mist collectors, wet collectors, and electrostatic precipitators with a design grain loading ofless than orequal to three one-hundredths (0.03) grains peractual cubicfoot and a gas flow rate less than orequal to fourthousand (4,000) actual cubic feet per minute, including the following:

(AA) Deburring. (BB) Buffing. (CC) Polishing. (DO) Abrasive blasting. (EE) Pneumatic conveying. (FF) Woodworking operations. (xxiv) Purge double blockand bleed valves. (xxv) Filterorcoalescer media changeout. (xxvi) Vents from ash transport systems not operated at positive pressure. (xxvii) Mold release agents using lowvolatile products (vapor pressure less than orequal to two (2) kilo Pascals measured atthirty-eight (38) degrees Centigrade). (xxviii) Farm operations, except concentrated animal feeding operations as defined in 40 CFR 122.23. (xxix) Woodworking equipment controlled by a baghouse provided that the following criteria are met:

(AA) The baghouse does not exhaustto the atmosphere greaterthan one hundred twenty-five thousand (125,000) cubicfeet per minute. (BB) The baghouse does not emit particulate matterwith a diameter less than ten (10) microns in excess ofthree-thousandths (0.003) grain perdrystandard cubic feet ofoutlet air. (CC) Opacityfrom the baghouse does notexceed ten percent (10%). (DO) The baghouse is in operation at all times that the woodworking equipment is in use. (EE) Visible emissions from the baghouse are observed daily using procedures in accordance with 40 CFR 60, Appendix A, Method 22* and normal orabnormal emissions are recorded. 

### In the event abnormal emissions are observed for greaterthan six (6) minutes in duration, the following shall occur:

(aa) The baghouse shall be inspected. (bb) Corrective actions, such as replacing or reseating bags, are initiated, when necessary. (FF) The baghouse is inspected quarterlywhen vented to the atmosphere. (GG) The owneroroperator keeps the following records:

(aa) Records documenting the date when the baghouse redirected indoors orto the atmosphere. (bb) Quarterly inspection reports, when vented to the atmosphere. (cc) Visible observation reports. (dd) Records ofcorrective actions. (xxx) Woodworking equipment controlled by a baghouse provided that the following criteria are met:

(AA) The baghouse does not exhaustto the atmosphere greaterthan forty thousand (40,000) cubicfeet per minute. (BB) The baghouse does not emit particulate matterwith a diameter less than ten (10) microns in excess ofone-hundredth (0.01) grain perdrystandard cubicfeet ofoutlet air. (CC) Opacityfrom the baghouse does not exceed ten percent (10%). (DO) The baghouse is in operation at all times thatthe woodworking equipment is in use. (EE) Visible emissions from the baghouse are observed daily using procedures in accordance with 40 CFR 60, Appendix A, Method 22* and normal orabnormal emissions are recorded. In the event abnormal emissions are observed for greaterthan six (6) minutes in duration, the following shall occur:

(aa) The baghouse shall be inspected. (bb) Corrective actions, such as replacing or reseating bags, are initiated, when necessary. (FF) The baghouse is inspected quarterlywhen vented to the atmosphere. (GG) The owneroroperator keeps the following records:

(aa) Records documenting the date when the baghouse redirected indoors orto the atmosphere. (bb) Quarterly inspection reports, when vented to the atmosphere. (cc) Visible observation reports. (dd) Records ofcorrective actions. (22) "Majorsource" means any stationary source orany group of stationary sources as described in this subdivision. For purposes of clauses (B) and (C), the term shall include any group ofstationary sources that Date: Jun 17.2011 10:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 19Indiana Register are located on one (1) or more contiguous oradjacent properties and are undercommon control ofthe same person (or persons undercommon control) belonging to a single major industrial grouping. In addition, forthe purposes ofdefining majorsource in clause (8) or (C), a stationary source orgroup ofstationary sources shall be considered part ofa single industrial grouping ifall ofthe pollutant emitting activities atthe source orgroup ofstationary sources on contiguous oradjacent properties belong to the same majorgroup (that is, all have the same two (2) digit code) as described in the Standard Industrial Classification Manual, 1987*. For purposes ofclauses (8) and (C), any stationary source (orgroup ofstationarysources) that supports another source, where both are undercommon control ofthe same person (or persons undercommon control) and are located on contiguous oradjacent properties, shall be considered a supportfacility and partofthe same source regardless ofthe two (2) digit SIC code forthat supportfacility. A stationary source (or group of stationarysources) is considered a support facilityto a source ifat leastfifty percent (50%) ofthe output ofthe supportfacility is dedicated to the source. The term includes the following:

(A) A majorsource underSeclion 112 ofthe CAA, which is defined as follows:

(i) For pollutants otherthan radionuclides, any stationary source orgroup ofstationary sources located within a contiguous area and undercommon control that emits or has the potential to emit, in the aggregate:

(AA) ten (10) tons peryear (tpy) ormore ofany HAP that has been listed in Section 112(b) ofthe CAA; (8B) twenty-five (25) tpy or more ofany combination ofsuch HAPs; or (CC) such lesserquantityas the U.S. EPA may establish by rule. (ii) Notwithstanding item (i):

(AA) emissions from any oil orgas exploration or production well (with its associated equipment) and emissions from any pipeline compressoror pump station shall not be aggregated with emissions from other similar units, whether or notthe units are in a contiguous area or undercommon control, to determine whetherthe units orstations are majorsources; and (BB) research and development activities may be considered separatelyfor purposes ofdetermining whether a majorsource is present and need not be aggregated with collocated stationary sources unless the research and developmentactivities contribute to the product produced orservice rendered bythe collocated sources in a more than de minimis manner. (iii) For radionuclides, majorsource shall have the meaning specified bythe U.S. EPA by rule. (B) A majorstationary source ofairpollutants, as defined in Section 302 ofthe CAA, that directlyemits or has the potential to emit, one hundred (100) tpy or more ofany regulated air pollutantsubjectto regulation (including any majorsource offugitive emissions ofany such pollutant, as determined bythe U.S. EPA by rule). The fugitive emissions ofa stationary source shall not be considered in determining whether it is a majorstationary source forthe purposes ofSection 3020) ofthe CAA unless the source belongs to one (1) ofthe following categories ofstationarysources:

(i) Coal cleaning plants (with thermal dryers). (ii) Kraft pulp mills. (iii) Portland cement plants. (iv) Primaryzinc smelters. (v) Iron and steel mills. (vi) Primary aluminum ore reduction plants. (vii) Primary copper smelters. (viii) Municipal incinerators, orcombinations of municipal incinerators, capable ofcharging more than fifty (50) tons of refuse perday. (ix) Hydrofluoric, sulfuric, or nitricacid plants. (x) Petroleum refineries. (xi) Lime plants. (xii) Phosphate rock processing plants. (xiii) Coke oven batteries. (xiv) Sulfur recovery plants. (xv) Carbon black plants (furnace process). (xvi) Primary lead smelters. (xvii) Fuel conversion plants. (xviii) Sintering plants. (xix) Secondary metal production plants. (xx) Chemical process plants. (xxi) Fossil fuel boilers (orcombination thereof) totaling more than two hundred fifty million (250,000,000) British thermal units per hour heat input. (xxii) Petroleum storage and transfer units with atotal storage capacity exceeding three hundred thousand (300,000) barrels. (xxiii) Taconite ore processing plants. Dale: Jun 17,201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 20Indiana Register (xxiv) Glass fiber processing plants. (xxv) Charcoal production plants. (xxvi) Fossil fuel fired steam electric plants ofmore than two hundred fifty million (250,000,000) British thermal units per hour heat input. (xxvii) Any otherstationary source category regulated underSection 111 or 112 ofthe CM and forwhich the U.S. EPA has made an affirmative determination underSection 3020) ofthe CM. (C) A majorstationary source as defined in Part D ofTitle I ofthe CM, including the following:

(i) Forozone nonattainment areas, sources with the potential to emit:

(M) one hundred (100) tpy or more of

## vac oroxides ofnitrogen in areas classified as marginal or moderate; (B8) fifty (50) tpy or more of

## vac oroxides ofnitrogen in areas classified as serious; (CC) twenty-five (25) tpy or more of

## vac oroxides of nitrogen in areas classified as severe; or (DD) ten (10) tpyor more of

## vac oroxides of nitrogen in areas classified as extreme; except thatthe references in this item to one hundred (100), fifty (50), twenty-five (25), and ten (10) tpy of nitrogen oxides shall not applywith respect to any source forwhich the U.S. EPA has made afinding, underSection 182(1)(1) or 182(f)(2) ofthe CM, that requirements underSection 182(f) ofthe CM do not apply. (iI) Forozone transport regions established underSection 184 ofthe CM, sources with the potential to emit fifty (50) or more tpy of

## vac. (iii) Forcarbon monoxide nonattainment areas:

(M) thatare classified as serious: and (BB) in which stationary sources contribute significantlyto carbon monoxide levels as determined under rules issued bythe U.S. EPA; sources with the potential to emit fifty (50) tpy or more ofcarbon monoxide. (iv) For particulate matter PM10 nonattainment areas classified as serious, sources with the potential to emit seventy (70) tpy or more of PM10. (23) "Part 70 permit" or "permit" means any Part 70 permit orgroup of Part 70 permits authorizing the operation ofa Part 70 source that is issued, renewed, amended, or revised underthis rule. (24) "Part 70 permit modification" means a revision to a Part 70 permitthat meets the requirements ofsection 12 ofthis rule. (25) "Part 70 permit program costs" means all reasonable (direct and indirect) costs required to develop and administera Part 70 permit program, as setforth in section 1g ofthis rule (whetherthe costs are incurred by the commissioner orotherstate or local agencies that do not issue Part 70 permits directly, butthat support Part 70 permit issuance oradministration). (26) "Part 70 permit revision" means any Part 70 permit modification oradministrative Part 70 permit amendment. (27) "Part 70 program" means the operating permit program established bythis rule and approved bythe U.S. EPA under40 CFR 70". (28) "Part 70 source" means any source subject to the permitting requirements as provided in section 2 ofthis rule. (29) "Potential to emit" means the maximum capacity ofa stationary source to emit any air pollutant under its physical and operational design. Any physical oroperational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours ofoperation ortype oramount of material combusted, stored, or processed shall be treated as part of its design ifthe limitation is enforceable bythe U.S. EPA. This term does not alteroraffectthe use ofthis term for any other purpose underthe CM, (orthe term "capacityfactor" as used in Title IVofthe CM) (orthe regulations promulgated thereunder). (30) "Proposed Part 70 permit" means the version of a Part 70 permit that the commissioner proposes to issue and forwards to the U.S. EPAfor review in compliance with section 18 ofthis rule. (31) "Regulated air pollutant" means any ofthe following:

(A) Nitrogen oxides orany

## vac. (8) Any pollutant forwhich a national ambient airquality standard has been promulgated. (C) Any pollutantthat is subjectto any standard promulgated underSection 111 ofthe CM. (D) Any Class I or Class II substance subjectto a standard promulgated underor established byTitle VI of the CM. (E) Any pollutant subject to a standard promulgated underSection 112 ofthe CM orother requirements established underSection 112 ofthe CM, including Section 112(g), 1120), and 112(r) ofthe CM, including the following:

(I) Any pollutant subject to requirements under Section 1120) ofthe CM. Ifthe U.S. EPAfails to promulgate a standard bythe date established underSection 112(e) ofthe CM, any pollutant forwhich a subject source would be major shall be considered to be regulated on the date eighteen (18) months after the applicable date established underSection 112(e) ofthe CM.
Date: Jun 17.2011 10:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 21

### Indiana Register (ii) Any pollutantforwhich the requirements ofSection 112(g)(2) ofthe CAA have been met, butonlywith respecttothe individual source subjectto Section 112(g)(2) ofthe CAA. (32) "Regulated pollutantthat is used only forpurposes ofsection 19 ofthis rule" means any regulated air pollutant, exceptthe following:

(A) Carbon monoxide. (B) Any pollutantthat is a regulated airpollutant solely because it is a Class I orClass II substance subject to a standard promulgated underorestablished byTitle VI ofthe CAA. (C) Any pollutantthat is a regulated airpollutant solely because it is subjectto a standard or regulation underSection 112(r) ofthe CAA. (D) Any pollutant emitted byan insignificantortrivial activityas defined in this rule. (33) "Renewal" meansthe process bywhich a Part 70 permit is reissued atthe end ofitsterm. (34) "Responsible official" means the following: (A) Foracorporation:

(i) a president; (ii) a secretary; (iii) atreasurer; (iv) avice president ofthe corporation in charge ofa principal business function; (v) anyother person who performs similarpolicyordecision making functions forthe corporation; or (vi) adulyauthorized representative ofany person listed in this clause ifthe representative is responsible forthe overall operation ofone (1) or more manufacturing, production, oroperating facilities applying foror subjectto a Part 70 permit and eitherthe:

(AA) facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or (BB) delegation ofauthorityto the representative is approved in advance bythe commissioner. (B) Fora partnership orsole proprietorship, ageneral partnerorthe proprietor, respectively. (C) Fora municipality, state, federal, orother public agency, eithera principal executive officeror ranking elected official. As used in this clause, "principal executive officerofafederal agency" includesthe chief executive officer having responsibilityforthe overall operations ofa principal geographic unitofthe agency, forexample, a regional administratorofthe U.S. EPA. (D) Foraffected sources:

(i) the designated representative for actions, standards, requirements, or prohibitions underTitle IVofthe CAAorthe regulations promulgated thereunder; and (ii) the designated representative for anyotherpurposes undera Part 70 permit. (35) "Risk management plan" means a plan specified by Section 112(r) ofthe CAA. (36) "Section 502(b)(10) changes" means changes that contravene an express Part 70 permitterm. Such changes do not include changes thatwould violate applicable requirements orcontravene federally enforceable Part 70 permitterms and conditions that are monitoring (including test methods), record keeping, reporting, orcompliance certification requirements. (37) "State" means any nonfederal permitting authority, including any local agency, interstate association, or statewide program. The term shall have its conventional meaning where the meaning is clearfrom the context. Forpurposes ofthe acid rain program, the term shall be limited to authorities within the forty-eight (48) contiguous states and the District ofColumbia as provided in Section 402(14) ofthe CAA. (38) "Stationary source" means any building, structure, facility, or installation that emits or mayemit any regulated airpollutant orany pollutant listed underSection 112(b) ofthe CAA. (39) "Subjectto regulation" means, foranyair pollutant, thatthe pollutant is subjectto eithera provision in the CAA, ora nationally applicable regulation codified bythe U.S. EPA in 40 CFR, Chapter I, SubchapterC, that requires actual control ofthe quantityofemissions ofthat pollutant, and thatthe control requirement has taken effect and is operative to control, limit, or restrictthe quantity of emissions ofthat pollutant released from that regulated activity, except as follows:

(A) Greenhouse gases (GHGs), the air pollutant defined in 40 CFR 86.1818-12(a)*, as added by 75 FR 25686 (May7, 2010), as the aggregate group ofsix (6) greenhouse gases shall not be subjectto regulation unless, as ofJuly 1, 2011, the GHG emissions are at a stationarysource emitting or having the potential to emit one hundred thousand (100,000) tpy CO2equivalent emissions (C02 e) or more. Pollutant GHGs includes the follOWing:

(i) Carbon dioxide. (ii) Nitrous oxide. (iii) Methane. (iv) Hydrofluorocarbons. (v) Perfluorocarbons. (vi) Sulfur hexafluoride. (B) "Tons peryear (tpy) CO2equivalent emissions (<:02e)" shall representan amount of GHGs
Date: Jun 17,201110:55:37AM EDT DIN: 20110316·IR·326100505FRA Page 22Indiana Register emitted and shall be calculated as follows:

(i) Multiplythe mass amount ofemissions in tpy foreach ofthe six (6) greenhouse gases in the pollutant GHGs bythe gas's associated global warming potential published in 40 CFR 98, Subpart A, Table A·1 (Global Warming Potentials)-, as added by 74 FR 56395 (October30, 2009). 

### (ii) Sum the resultant value from item (i) for each gas to compute a tpy C02e. 

## t391 (40) "Technology-based emission limit" means any enforceable condition that IS derived solely or in part from the capabilities of man-made equipment or processes, including, but not limited to, any requirement in a permit based on:

(A) RACT; (B) BACT; 

### (C) maximum achievable control technology (MACT); (D) lowest achievable emissions reduction (LAER); (E) generally available control technology (GACT); (F) best available retrofittechnology (BART); (G) any manufacturers' specifications; or (H) the sources' physical potential to emit; unless the applicable requirement was relied upon in a formal attainment demonstration supporting a SIP approved bythe U.S. EPA under Section 110(a)(2)(K) ofthe CM. 

## \4G1 (41) "Trivial activity" has any ofthe following meanings, subject to clauses (A) and (B). specified in clauses (C) through (S), as follows:

(A) A change in a source's trivial activities orthe addition ofa trivial activity shall not constitute a modification for purposes ofsection 12 ofthis rule. ifthe new activity or modified activity:

(i) meets the definition oftrivial activity ofthis subdivision; (ii) has all applicable requirements and associated monitoring in the current permit; and (iii) is not a modification underany provision ofTitle I ofthe CM. (B) Trivial activities do not need to be included in a permit application required underthis rule or326 lAC 2- 

### §.. provided that the applicantdocuments applicable requirements and compliance status as required by section 4 ofthis rule. Upon request, the applicant shall submit any information necessarytofulfill the requirements ofthis rule or326 lAC 2-8. (C) Anyactivity or emission unit:

(i) not regulated by a NESHAP. with potential uncontrolled emissions that are equal to or less than one (1) pound per day on an emission unit basis for any single HAP orcombination of HAPs; and (ii) forwhich the potential uncontrolled emissions meetthe exemption levels specified in the following:

(M) For lead or lead compounds measured as elemental lead, potential uncontrolled emissions that are equal to or less than one (1) pound perday. (BB) For carbon monoxide (CO), potential uncontrolled emissions thatare equal to or less than one (1) pound per day. (CC) Forsulfurdioxide, potential uncontrolled emissions that are equal to or less than one (1) pound per day. (DO) ForVOC, potential uncontrolled emissions that are equal to or less than one (1) pound perday. (EE) For nitrogen oxides (NO ), potential uncontrolled emissions that are equal to or less than one (1) x pound perday. (FF) For particulate matterwith an aerodynamic diameter less than orequal to ten (10) micrometers (PM10), potential uncontrolled emissions that are equal to or less than one (1) pound perday. (D) Water related activities. including the following:

(i) Production ofhotwaterfor on-site personal use not related to any industrial or production process. (ii) Watertreatment activities used to provide potable and process waterforthe plant. excluding any activities associated with wastewatertreatment. (iii) Steam traps, vents, leaks, and safety reliefvalves. (iv) Cooling ponds. (v) Laundry operations using only water solutions ofbleach or detergents. (vi) Demineralized watertanks and demineralizervents. (vii) Boilerwatertreatment operations, not including cooling towers. (viii) Oxygen scavenging (deaeration) ofwater. (ix) Steam cleaning operations and steam sterilizers. (x) Pressure washing ofequipment. (xi) Waterjet cutting operations. (E) Combustion activities, including the following:

(i) Portable electrical generators that can be moved by hand from one (1) location to another. As used in this item, "moved by hand" means that itcan be moved withoutthe assistance ofany motorized or nonmotorized vehicle, conveyance, or device. Dale: Jun 17.201110:55:37AM EDT DIN: 20110316·IR·326100505FRA Page 23Indiana Register (ii) Combustion emissions from propulsion ofmobile sources. (iii) Fuel use related to food preparation foron-site consumption. (iv) Tobacco smoking rooms and areas. (v) Blacksmith forges. (vi) Indoorand outdoor kerosene heaters. (F) Activities related to ventilation, venting equipment, and refrigeration, including the following:

(i) Ventilation exhaust, central chillerwatersystems, refrigeration, and airconditioning equipment, not related to any industrial or production process, including natural draft hoods orventilating systems that do not remove air pollutants. (ii) Stackand vents from plumbing traps used to preventthe discharge ofsewer gases, handling domestic sewageonly, excluding those atwastewatertreatment plants orthose handling any industrial waste. (iii) Vents from continuous emissions monitors and otheranalyzers. (iv) Natural gas pressure regulatorvents, excluding venting at oil and gas production facilities. (v) Airvents from aircompressors. (vi) Vents for aircooling ofelectric motors provided the airdoes notcommingle with regulated air pollutants. (vii) Ventsfrom equipment used to airblowwaterfrom cooled plastics strands orsheets. (G) Activities related to routine fabrication, maintenance, and repair of buildings, structures, equipment, or vehicles atthe source where airemissions from those activities would not be associated with any commercial production process, including the following:

(i) Activities associated with the repair and maintenance of paved and unpaved roads, including paving or sealing, or both, ofparking lots and roadways. (ii) Painting, including interiorand exterior painting ofbuildings, and solvent useexcluding degreasing operations utilizing halogenated organic solvents. 

### (iii) Brazing, soldering, orwelding operations and associated equipment. (iv) Portable blast-cleaning equipmentwith enclosures. (v) Blast-cleaning equipment using water asthe suspension agentand associated equipment. (vi) Batteries and batterycharging stations except at battery manufacturing plants. (vii) Lubrication, including the following:

(AA) Hand-held spray can lubrication. (BB) Dipping metal parts into lubricating oil. (CC) Manual orautomated addition ofcutting oil in machining operations. (viii) Nonasbestos insulation installation or removal. (ix) Tarring, retarring, and repair ofbuilding roofs. (x) Bead blasting ofheatertubes. (xi) Instrumentairdryerand filler maintenance. (xii) Manual tankgauging. (xiii) Open tumblers associated with deburring operations in maintenance shops. (H) Activities performed using hand-held equipment, including thefollowing:

(i) Application ofhot melt adhesiveswith no VOC in the adhesive formulation. (ii) Buffing. (iii) Carving. (iv) Cutting, excluding cutting torches. (v) Drilling. (vi) Grinding. (vii) Machining wood, metal, or plastic. (viii) Polishing. (ix) Routing. (x) Sanding. (xi) Sawing. (Xii) Surface grinding. (xiii) Turning wood, metal, or plastic. (I) Housekeeping andjanitorial activities and supplies, including the following:

(i) Vacuum cleaning systems used exclusivelyfor housekeeping orcustodial activities, or both. (ii) Steam cleaning activities. 

### (iii) Restrooms and associated cleanup operations and supplies. (iv) Alkaline or phosphate cleaners and associated equipment. (v) Mobile floor sweepers and floor scrubbers. (vi) Pest control fumigation. 

### (J) Office related activities, including the following:

(i) Office supplies and equipment. Dale: Jun 17,2011 10:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 24Indiana Register (ii) Photocopying equipment and associated supplies. (iii) Paper shredding. (iv) Blueprint machines, photographic equipment, and associated supplies. (K) Lawn care and landscape maintenance activities and equipment, including the storage, spraying, or application of insecticides, pesticides, and herbicides. (L) Storage equipment and activities, including the following:

(i) Pressurized storage tanks and associated piping for the following:

(AA) Acetylene. (BB) Anhydrous ammonia. (CC) Carbon monoxide. (DO) Chlorine. (EE) Inorganic compounds. (FF) Liquid petroleum gas (LPG). (GG) Liquid natural gas (LNG). (HH) Natural gas. (II) Nitrogen dioxide. (JJ) Sulfur dioxide. (Ii) Storage tanks, vessels, and containers holding or storing liquid substances that do not contain any VOC or HAP. (iii) Storage tanks, reservoirs, and pumping and handling equipment ofany size containing:

(AA) soap; (BB) vegetable oil; (CC) grease; (DO) wax; (EE) animal fat; and (FF) nonvolatile aqueous salt solutions; provided appropriate lids and covers are utilized. (iv) Storage ofdrums containing maintenance raw materials. (v) Storage ofthe following:

(AA) Castings. (BB) Lance rods. (CC) Any non-HAP containing material in solid form stored in a sealed orcovered container. (vi) Portable containers used forthe collection, storage, ordisposal of materials provided the container capacity is equal to or less than forty-six hundredths (0.46) cubic meters and the container is closed, exceptwhen the material is added orremoved. (M) Emergency and standby equipment, including the following:

(i) Emergency (backup) electrical generators at residential locations, such as dormitories, prisons, and hospitals. (Ii) Safety and emergency equipment except engine driven fire pumps, including fire suppression systems and emergency road flares. (iii) Process safety reliefdevices installed solely forthe purpose of minimizing injury to persons or damage to equipment that could resultfrom abnormal process operating conditions, including the following:

(AA) Explosion reliefvents, diaphragms, or panels. (BB) Rupture discs. (CC) Safety reliefvalves. (iv) Activities and equipment associated with on-site medical care not otherwise specifically regulated. (v) Vacuum-producing devices forthe purpose of removing potential accidental releases. (N) Sampling and testing equipment and activities, including the following:

(i) Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis. (ii) Hydraulic and hydrostatictesting equipment. (iii) Ground water monitoring wells and associated sample collection equipment. (iv) Environmental chambers not using HAP gases. (v) Shock chambers. (vi) Humidity chambers. (vii) Solar simulators. (viii) Sampling activities, including the following:

(AA) Sampling ofwaste. (BB) Glove box sampling, charging, and packaging. (ix) Instrument air dryers and distribution. 

### (0) Use ofconsumer products and equipment where the product or equipment is: Date: Jun 17.2011 10:55:37AM EDT DIN: 20110316-IR-326100505FRA Page 25Indiana Register (i) used at asource in the same manneras normal consumer use; and (ii) not associated with any production process. (P) Equipment and activitiesrelated to the handling, treating, and processing ofanimals, including the following:

(i) Equipment used exclusivelyto slaughteranimals, butnot including the following:

(AA) Rendering cookers. (BB) Boilers. (CC) Heating plants. (DO) Incinerators. (EE) Electrical powergenerating equipment. (ii) Veterinary operating rooms. 

### (Q) Activities generating limited amounts offugitive dust, including the following:

(i) Fugitive emissions related to movementofpassengervehicles, provided the emissions are not counted for applicability purposes undersubdivision (22)(B), and any required fugitive dustcontrol plan or its equivalent is submitted. 

### (i1) Soil boring. (iii) Road salting and sanding. (R) Activities associated with production, including the following:

(i) Closed, nonventedtumblers used for cleaning ordeburring metal products without abrasive blasting. (ii) Electrical resistance welding. (iii) CO2 lasers, used only on metals and other materials that do not emit HAPs in the process. (iv) Lasertrimmers that:

(AA) do not produce fugitive emissions; and (BB) are equipped with a dust collection device, such as a bag filter, cyclone, orequivalent device. (v)Application equipmentfor hot melt adhesives with no VOC in the adhesive formulation. (vi) Drop hammers or hydraulic presses forforging or metalworking. (vii)Air compressors and pneumatically operated equipment, inclUding hand tools. (viii) Compressoror pump lubrication and seal oil systems. (ix) Equipment used to mixand package:

(AA) soaps; (BB) vegetable oil; (CC) grease; (DO) animal fat; and (EE) nonvolatile aqueous salt solutions; provided appropriate lids and coversare utilized. (x) Equipmentforwashing ordrying fabricated glass or metal products, ifno:

(AA) VOCs or HAPs are used in the process; and (BB) gas, oil, orsolid fuel is burned. (xi) Handling ofsolid steel, including coils and slabs, excluding scrap burning, scarfing, and charging into steelmaking furnaces and vessels. (S) Miscellaneous equipment, but not emissions associated with the process forwhich the equipment is used, and activities, including the following:

(i) Equipment used for surface coating, painting, dipping, orspraying operation, exceptthose thatwill emit VOCs or HAPs. (ii) Condensate drains for natural gas and landfill gas. (iii) Electricorsteam heated drying ovens and autoclaves, including onlythe heating emissions and not any associated process emissions. (iv) Salt baths using nonvolatile salts, including caustic solutions that do not result in emissions of any regulated air pollutants. 

### (v) Ozone generators. (vi) Portable dust collectors. (vii) Scrubbersystems circulating water based solutions ofinorganicsalts or bases that are installed to be available for responseto emergency situations. (viii) Soil borrow pits. (ix) Manual loading and unloading operations. (x) Purging of refrigeration devices using a combination of nitrogen and CFC-22 (R-22) as pressure test media. (xi) Construction and demolition operations. (xii) Mechanical equipment gearboxes and ventsthat are isolated from process materials. (xiii) Nonvolatile mold release waxes and agents. 

### (441 (42) "U.S. EPA" means the administratorofthe United States Environmental Protection Agency orthe Date: Jun 17,201110:55:37AM EDT DIN: 20110316·IR·326100505FRA Page 26Indiana Register administrator's designee. *These**doc~ments** are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 orare available for review and copying atthe Indiana Department of Environmental Management, Office ofAirQuality, Indiana Governrnent Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. **Copies ofthese documents may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 orare available for review and copying atthe Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana46204. (AirPollution ControlBoard;

### 326 lAC

### 2-7-1: filedMay

### 25,1994, 11:00a.m.: 171R

### 2249; filedDec 19,1995,3:05 p.m.: 191R 1051; erratafiledApr

### 9, 1996, 2:30p.m.: 191R2045; filedMay

### 31, 1996,4:00p.m.: 191R

### 2856; fifed Apr

### 22, 1997, 2:00p.m.:20lR

### 2326; filedNov

### 25, 1998, 12:13p.m.: 221R 1020; errata fifedMay 

### 12, 1999, 11:23 a.m.:221R3106; fifedDec20,2001,4:30p.m.:251R 

### 1573; filed Oct 

### 1, 2010, 

### 3:48p.m.: 20101027-IR-326070372FRA; fifedFeb 

### 14, 2011, 11:20a.m.: 20110316-fR-326100505FRAl

LSA Document#10-505(F) Findings andDetermination ofthe CommissionerPursuantto Ie 

### 13-14-9-8: 20100901-IR-326100505FDA HearingHeld: December

### 1, 2010 ApprovedbyAttorneyGeneral:January

### 28, 2011 ApprovedbyGovernor: February 10, 2011 Filedwith Publisher: February

### 14, 2011, 11:20a.m. Documents IncorporatedbyReference: 40 CFR

### 86. 1818-12(a) 

### (75 FR

### 25686); 40 CFR

### 98, Subpart

### A, TableA-1 (74 FR56395) SmallBusiness RegulatoryCoordinator:Alison Beumer, IDEMCompliance and TechnicalAssistance Program
- OPPTA, 

### MC 60-04IGCS W041, 100North SenateAvenue, Indianapolis, IN46204-2251, 

### (317) 232-8172 or (800) 988-7901, ctap@idem./n.gov SmallBusinessAssistance Program Ombudsman: BradBaughn, IDEMSmallBusinessAssistance Program Ombudsman, 

### MC 50-01 IGCN 1307, 100North SenateAvenue, Indianapolis, IN46204-2251, 

### (317) 234-3386, bbaughn@idem.in.gov Posted: 03/16/2011 byLegislative ServicesAgency An html version ofthis document.

Date: Jun 17.201110:55:37AM EDT DIN: 20110316-IR-326100505FRA Page27

## B

## Rule: Agency: Subject: 

# Rule SignaturePage.

LSA

## #IO-50S(F) AirPollutionControlBoard PreventionofSignificantDeteriorationandTitleV GreenhouseGasTailoring Rule

Date: 

# ll-{

# .II .. Chainnan AirPollutionControlBoard

APPROVED: By:

ACCEPTED FORFILING: By:

TITLE 326 AIRPOLLlITlONCONTROLBOARD LSADocument#10-505(FR) Filed

### withPublisher: Febru;rry 14.2011. 11:20a.m. By: Rlw. 

## Date: 

# !/!'g4/ I \ ( 

# f

2/ 10 / Date: ...!/c...II:!..'

_



## Date:

_

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# "**~'** 

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# l 1ft 

## BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF DECEMBER 1, 2010 

# ORIGINAL

PROCEEDINGS before the Indiana Air Pollution Control Board, Dr. James Miner, 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, December 1, 2010 at 1:04 o'clock p.m.

William F. Daniels, RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 12922 Brighton Avenue Carmel, Indiana 46032 (317) 848-0088 1

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# " APPEARANCES: BOARD MEMBERS: Dr. James Miner, M.D., Chairman Thomas Anderson Randy Staley Jeffery L. Quyle Chris Horn Dr. Phil Stevens David Benshoof Howard W. Cundiff, Proxy, State Board of Health John Bacone, Proxy, Department of Natural Resources Eric Levenhagen, Proxy, Indiana Economic Development Corporation

IDEM STAFF MEMBERS: Thomas W. Easterly, IDEM Commissioner Keith Baugues, Asst. Commissioner Scott Deloney Chris Pedersen Manda Clevenger Ann Long Susan Bern Catherine Mitchell

PUBLIC SPEAKERS: Ann McIver Trevor Vance Stan Pinegar Patrick Bennett Miriam Dant 2

## It's a unanimous 1 

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## MR. STALEY: Aye. CHAIRMAN MINER: Mr. Staley votes yes. Mr. Quyle? MR. QUYLE: Aye. CHAIRMAN MINER: Mr. Quyle votes yes. Dr. Stevens? DR. STEVENS: Yes. CHAIRMAN MINER: Dr. Stevens votes yes. Mr. Bacone? MR. BACONE: Yes. CHAIRMAN MINER: Mr. Bacone votes yes. Mr. Anderson? MR. ANDERSON: Aye. CHAIRMAN MINER: Mr. Anderson votes yes, and I vote yes as well. decision. The next item on our agenda is a public hearing before the Air Pollution Control Board of the State of Indiana regarding adoption of 23 amendments, 326 IAC-2, Greenhouse Gas Tailoring

### 1 

## Rule. 

# r I will now introduce Exhibit No.2

-- 22

2 maybe I will. 3 4 5 

## MR. DELONEY: Chris, Exhibit 2. MS. PEDERSEN: I'm sorry. MR. DELONEY: She was worried whether 6 Susan was here, I think. 7 

## CHAIRMAN MINER: I see. No problem. 8 9 

## (Laughter. ) CHAIRMAN MINER: into the hearing. 10 Is there someone from the Department

-- 11 

## I'm assuming Susan is the person, Susan Bern. 12 MR. DELONEY: Yes, Susan Bern. 13 CHAIRMAN MINER: Okay. 14 

## MS. BEM: I'm Susan Bern, and I work 15 in the Rules and SIP Development Section. 16 

## IDEM is presenting a rule to you today for 17 Board adoption to implement the federal 18 

## Greenhouse Gas Tailoring Rule. 19 

## This rule is similar to the emergency rule 20 that was adopted by the Board last month, to be 21 filed and effective with LSA no earlier than 22 January 3rd, 2011. If the federal rule's vacated 23 before the end of the year, IDEM will not file

## 23

1 the emergency rule with LSA, as we discussed last 2 month. 3 IDEM is using the expedited Section 8 4 rulemaking process and emergency rule process to 5 obtain the legal authority to issue federally 6 required permits that properly evaluate GHG 7 

## emissions by January 2nd, 2011. The emergency 8 

## rule fills the gap between the time when the 9 

## emergency rule is effective and the regular rule 10 can be effective. If the rule is adopted by 11 Board today, it will not be effective until 12 approximately March, after it goes through the 13 three-to-four-month promulgation process. 14 IDEM's approach is to work with EPA and 15 move now, rather than later, toward the 16 incorporation of the federal u.S. EPA Tailoring

response letter to U.S. EPA, IDEM will submit

EPA may take action to ensure authority exists to regulate greenhouse gases. The PSD portion of this rule will be submitted to EPA for SIP approval, hopefully As outlined in IDEM's 17 18 19 

## 20 21 22 23 Rule into the state rules.

this rulemaking to EPA for approval. Otherwise,

## plans to submit the SIP r€vision request using parallel processing. This will not only ensure that IDEM remains in full control of its PSD permitting program, but also reduces the likelihood that air permits issued after January 2nd, 2011 will be subject to citizen suits bas€d on deficiencies in the state permitting rules. IDEM is also working on submitting the Title V changes to EPA for approval. We are doing that in a separate request, and we are just waiting for EPA to give us some guidance on what the supporting documentation should be for the Title V amendment request. IDEM can withdraw this rulemaking at any time before the rule is accepted for filing with LSA. If something happens at the federal level negating the need for a state greenhouse gas rule by the time this rule is filed with LSA, IDEM can withdraw the LSA document, LSA No. 10-505. The estimated date for filing with LSA 1 

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## 20 21 22 

## sometime soon after this Board m€eting. IDEM 24



## 23 would be sometime in probably later February, if

## 25



## federal rule after the greenhouse gas requirements are in place at the state level, and this is if this was to happen sometime later in we end up sending the promulgation packet to the Attorney General's Office by the end of December. We have to wait for the transcript to come back from the Board meeting, then we put the promulgation packet together, and then we forward it on to the Attorney General's Office. And then rules are effective 30 days after filing with LSA. The rule that is before you today does not contain provisions that the rule will expire if the Greenhouse Gas Tailoring Rule is vacated at the federal level. The Section 8 rulemaking process does not allow for changes between publication of draft rule language and adoption. Because the Section 8 rule is not an emergency rule, we do not provide provisions for expiration in the rule itself, as we did for the emergency rule last month. IDEM can use enforcement discretion if the 1 

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## federal rule if the Federal Court vacates the

## 26

1 2011, where we actually have an effective state 2 rule, because if it's vacated before it's filed

level. 3 4 

### 5 6 7 8 9 

## 10 11 

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## 16 17 18 

## 19 

## 20 21 22 23 

## with LSA, we would just withdraw the rulemaking. And so, as I said, if we're after that point in time where the rule's effective, IDEM could use enforcement discretion, and we would not enforce the amended portions of the rules regarding greenhouse gases, because underpinning authority for the rule would be nonexistent. IDEM has used enforcement discretion in the past when rules have been vacated at the federal Excuse me. There is a typo in the draft rule that's part of the Exhibit today, at subsection (ss) in subdivision (6) of 2-2-1, that has not been corrected, and this is the same typo that we talked about in the emergency rule last month that we had corrected. But for this rule, we will not change the number from subdivision (4) to (5) at the time of adoption. We're going to do it as an agency correction once the rule is filed with LSA as part of the promulgation process.

### 27



## 1 And the Department recommends that the 2 Board adopt the rule as presented, and if there's 3 any questions, we can answer those. 4 CHAIRMAN MINER: Thank you, Susan. 5 Are there any questions from Board members 6 for Susan at this time? Yes.

you say this is a Section 8 process?

confused. We can certainly make an amendment, as

a Board. We're the ones -- Procedurally, did

Any other questions? I guess I'm a little We can't

-- we Yes.

I think it's probably still Uh-huh.

MS. BEM: MR. QUYLE: Okay. MS. BEM:

-- for board adoption. MR. QUYLE: Okay. CHAIRMAN MINER: MR. BENSHOOF: MR. QUYLE: MR. QUYLE:

MS. BEM:

essentially can't amend this at this point? MS. BEM: Correct. With the Section 8 process, what we put out on public notice is the same rule that we bring 7 

### 8 9 

### 10 11 

## 12 13 

## 14 15 16 

## 17 18 19 20 

## 21 

## 22 23 possible, but Ann, do you want to answer that?

## 28

MS. LONG: Uh-huh. MS. BEM: Because that's sort of

which comes from Indiana Code 13-14-9-8, allows for an expedited rulemaking process for a rule I'm with the

I appreciate that. Can I have your

Thank you. Can I have your

I just jumped right in sorry.

But the Section 8 process, My name is Ann Long; -- problem is the timing. I'm going to borrow this The Board can do what it wants to

MS. LONG: MS. LONG:

MS. LONG:

MS. LONG: MS. LONG: CHAIRMAN MINER:

CHAIRMAN MINER: CHAIRMAN MINER: CHAIRMAN MINER:

The Board can do several things if they for the Board.

real quickly.

name, please? separate than what, you know, we actually present

I'm

-- do, and the

Office of Legal Counsel. there into the question.

that's essentially an adoption of a federal rule. 1 2 3 4 5 6 7 8 9 10 11 

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

, 

### ,

### 29



## Okay.

-- that we would notify Well, what was said What can be done to fix it

MR. CUNDIFF: MR. DELONEY: MR. CUNDIFF:

I understood there was going to be a fix What is that? MR. DELONEY: That's MS. LONG: That's-- MR. DELONEY: Yeah, that's just an agency correction

-- later. earlier, I missed it. later? choose not to adopt the rule as noticed in the September Register. The issue that comes up with that is that if the Board chooses to amend the rule today, it will take the rule out of the Section 8 process, and so the rule will have to go through additional notification or some other mechanism, it can't be finalized today; and therefore, we get into a problem with the whole timing in terms of the federal requirement that the rule be in place by January 2nd. Now, I'll be glad to go through the statute and talk about the options that are available to the Board. 1 

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### 30



## MS. LONG: Uh-huh. MR. BENSHOOF: And does not

-- isn't the process -- it's an adoption of a federal rule that you want to adopt quickly Legislative Services of. MR. CUNDIFF: Okay. MS. LONG: Yeah, the agency correction involves just a change from literally subsection (4) to subsection (5), and it's essentially a typographical error. MR. CUNDIFF: Gotcha. MS. LONG: And we asked the Attorney General's Office if we could even make that level of change in the rule that we're bringing before the Board today, and we were adviseedthat no, we'd be better off just doing a correction that could be filed with Legislative Services, so -- MR. CUNDIFF: That's fine. MS. LONG: I think you had a

Uh-huh. Isn't Section 8

-- into a state rule? Yeah.

MR. BENSHOOF: MS. LONG: MR. BENSHOOF: question. 1 

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## 31

1 the process designed that it's not to be a 2 controversial issue, it's pretty much an issue 3 that you're taking a federal rule and 4 implementing it? And this particular rulemaking 5 process has a lot of controversy behind it. 6 

## MS. LONG: In the statute, in the 7 Section 8 process -- and this was as published in 8 our original notice on September 1st

-- the 9 Section 8 process really contemplates under the 10 statute that there's limited rulemaking options 11 available; okay? 12 And it also points out that because of 13 that, there's limited public comment periods 14 available, and so the issue isn't so much how 15 controversial the rule is, it's a question of do 16 we have the option of being able to change the 17 federal rule? 18 And pretty much in this instance, if we 19 change the federal rule, or if you all decide to 20 change the federal rule, then we're out of the 21 requirements that EPA would be looking for to 22 have the mechanism in place by January 2nd so 23 that the state can issue

-- or continue to issue

### 32



## with a rule that we can't even change. this until this court action would have been

an opinion would have been made, we wouldn't have going to deal with the issue of if the fed changes it through a Congressional change or a court action? How do we change our rule then, so that we're

-- I mean there's no way to change the rule at this point. We're stuck with what we're adopting.

And the controversy So, how is the state

Now we could be stuck You're stuck with what MS. LONG: MR. BENSHOOF:

been in this situation. MR. BENSHOOF: permits.

month. has been

-- you're adopting tDday, but

MS. LONG: Right. MR. BENSHOOF: that there's court action, and that's the whole thing with the emergency rule that

-- MS. LONG: Uh-huh. MR. BENSHOOF:

-- we adopted last And so, if we just would have postponed 1 

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## 33

1 MS. LONG: But

-- okay. Let me point 2 out that the rule can be changed, it just has to 3 be changed by another rulemaking, because it's a 4 permanent rule, it's not a temporary rule. And 5 so, the mechanism is

-- and I think Susan pointed 6 out some of these things

-- that if there were a 7 vacation of the federal rule or any other

-- I 8 don't know

-- action that would invalidate the 9 federal rule, IDEM is publicly committed to take 10 a course of action that would involve using 11 enforcement discretion to not enforce these rule 12 amendments while they were still on the books, 13 and then we would initiate a repeal of the rule 14 that could also be true the expedited Section 8 15 process, and if we have any kind of date attached 16 to the vacation of the rule, we will fit it into 17 the emergency rulemaking process. 18 And so, as we've thought all of this out, 19 as IDEM staff has thought all of this out, what 20 could happen is that if the rule is vacated or 21 there's other invalidation, at the next Board 22 meeting after the date of that vacation, we would 23 bring something back to this Board that could be

### 34



## 1 an emergency rule, okay, to invalidate the state 2 amendments, or it could be an emergency rule and 3 the start of a regular rulemaking to invalidate 4 the amendments. 5 MR. BENSHOOF: So, why couldn't that, 6 what you just stated, be included in this rule, 7 that there would be

-- 8 9 

## MS. LONG: Okay. MR. BENSHOOF: a way out, a way to 10 vacate this, a way to 11 MS. LONG: And that's the off-ramp 12 language I think we've had some amount of 13 discussion on. We sat down with the Deputy 14 Attorney General who reviews our rulemakings, and 15 basically the Attorney General's Office is saying 16 to us that the way to repeal a rule is through 17 the statutory mechanism; that you repeal one rule 18 by doing another rulemaking. 19 We were okay in the emergency rule with 20 our expiration provisions, because it was just a 21 temporary rule, and we actually have to have an 22 expiration clause. But with a permanent 23 rulemaking, the mechanism for getting us out

### 35



## under the law is another rulemaking, and we just can't have an automatic kind of self-destruct

question I have: Do we know, has other states provided an off-ramp for such a rulemaking process as dealing with this issue? Attorney General's Office has advised us real specifically. MR. CUNDIFF: And if we didn't listen to the Attorney General, he would have rejected it. MS. LONG: That's correct. MR. BENSHOOF: What has other states done? Do you know what other states have done? MS. LONG: Susan would be the one to talk about that. I just know that other states have gone ahead and done rulemakings, and I can't

name those states. Susan could probably do that. I mean I'm remembering reading some notices that talked about states

-- But the That's what the

Other states have aware of another Okay.

I'm not MS. BEM: MR. BENSHOOF:

state providing an off-ramp. mechanism in the rule itself. 1 

### 2 3 

## 4 5 

### 6 

## 7 8 9 

### 10 11 

### 12 

## 13 14 15 16 17 18 19 

## 20 21 22 23

### 36



## 1 just gone forward with putting state rules in 2 place with the greenhouse gas provisions. EPA 3 has started approving some of them. I know one 4 state we looked at this week was Kentucky, where 5 EPA's already started approving their PSD 6 portions of the greenhouse gas program for 7 proposed approval. I am not aware of that state 8 having an off-ramp. 9 

## MR. DELONEY, And there are also a 10 number of states that don't have to take any 11 rulemaking action because, you know, they would 12 already be deemed to have the authority to 13 regulate greenhouse gases as a regulated 14 pollutant. 15 The other thing that I did want to 16 mention, too, just pigging-backing on what Ann 17 was mentioning in regards to, you know, how

-- 18 what actions would be taken in order to repeal 19 this rule or invalidate it if it's in effect 20 after, you know

-- or before action occurs at the 21 federal level. 22 That's a nonissue between now and really 23 the end of March, beginning of April, because if

### 37



## MR. ANDERSON: We need to have it basically mirror what it says happens with regard to the litigation prior to this rule being in effect, which wouldn't be until the end of March, beginning of April.

is either we are going to have the ability to do the permitting ourselves in the State of Indiana with this rule, or we can change it at a point or do whatever and let EPA do the permitting, and to me, isn't that basically the two options that we're looking at? anything happens, you know, with the federal program between now and then, we have the ability to withdraw the rule, and at the time that we withdraw the rule, the way the emergency rule is structured is that the emergency rule is then invalidated as well. So, then, boom, there

-- neither the emergency rule or this rulemaking would be in

I have a question for

Because of

-- MS. LONG: MR. ANDERSON: I guess the way I'm understanding it It only becomes an issue if nothing

Ann, too. place. 1 2 3 

## 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23**~.**

## 38

1 MS. LONG: Uh-huh. 2 MR. ANDERSON:

-- or risk the option 3 of losing the authority. 4 MS. LONG: At this point in time, S yes, those a'l:"e the two op-tions. I feel like I 6 

## ought to technically answer your question about 7 all of your options just by reading this from the 8 

## statute. 9 MR. ANDERSON: uh-huh. 10 MS. LONG: For particularly a 11 Section 8 

## rulemaking, the Board can adopt the 12 proposed rule, the Board can reject the proposed 13 rule, the Board can determine that additional 14 public comment is necessary, or the Board can 15 determine to reconsider the proposed rule at a 16 subsequent Board meeting. 17 You all have any of those options 18 available to you, so, again, it's just a question 19 of timing and what we understand is going to 20 happen on January 2nd, 2011. So 21 22 23 MR. BENSHOOF: Dr. Miner? CHAIRMAN MINER: Yes. MR. BENSHOOF: And I understand what

### 39



## 1 the options is. I think we're playing a little 2 scared cat here, thinking that the Federal 3 Government is going to come in here and take over 4 

## our rulemaking process. I mean I've sat on some 5 rule-- 6 

## COMM. EASTERLY: Not the rulemaking 7 process. 8 MR. BENSHOOF: Or the implementation. 9 MS. LONG: Yeah, permitting. 10 COMM. EASTERLY: Permitting of 11 greenhouse gases, yes. 12 MR. BENSHOOF: And I think we're

-- I 13 think we're kidding ourselves if we think that 14 

## would happen. I mean, you know, we threatened 15 EPA a number of years ago to take our programs 16 because of funding, and they looked at us and 17 said we need to work it out, but that's another 18 

## issue. I'm just commenting on my observation. 19 My concern is, is that we're moving 20 forward with a rule through emergency rulemaking 21 that we're forcing this Board, me, to have to 22 take a decision on, which I can say it's not 23 really emergency rulemaking what we did last

## 40



## 1 month and

-- or two months ago, and we passed it. 2 And now you're asking us to use a process 3 which, to me, is

-- it is**~eally** 

## d€signed to be a 4 

## process that is a noncontroversial issue. It's 5 something that is being brought to the Board to 6 adopt because it's a federal rule that the state 7 needs to implement or to move forward with. 8 Well, clearly at the federal level this is 9 controversial. There's a court action now, but 10 either Congressional or by court action, it could 11 be changed. And let alone, we sat in this room 12 two months ago and we heard testimony of people 13 that said wait three months until the court 14 

## action. So, you can't tell me that it's not 15 controversial and it doesn't

-- and we're using 16 another process. 17 Now, my feeling is here is that what I'm 18 hearing you say, and what I'm hearing IDEM say, 19 is that if, in turn, something happens at the 20 federal level where, in turn, this rule would be 21 changed or abandoned because of a court decision 22 or a Congressional decision, that you would then 23 implement emergency rulemaking to change it, so

### 41



## 1 that we would have

-- we could then move forward 2 in the State of Indiana. 3 

## What I would like to do is propose a 4 

## resolution that we get a commitment out of IDEM 5 

## that that's what would be done. I mean we're 6 

## sitting here right now listening to them. I 7 

## would like something more. They're going me to 8 

## adopt rules. They're saying that they would do 9 

## this. 10 

## Can we get a commitment

-- I would like to 11 

## make a resolution that IDEM would then move 12 

## forward with emergency rulemaking to come in line 13 

## with whatever the Federal Government, whether 14 

## it's by court action or Congressional decision, 15 

## do. 16 CHAIRMAN MINER: Well, right now I 17 don't think that's the appropriate move here. 18 MR. CUNDIFF: Right. We do 19 rulemaking. We don't tell IDEM what to do. 20 That's two different things. I mean we've 21 

## already got a commitment on the record on here 22 23 

## MR. BENSHOOF: MR. CUNDIFF: Okay.

-- that they would not

### 42



## 1 enforce it. We've got it in effect without us 2 making a motion and voting. 3 CHAIRMAN MINER: Right. I agree. 4 MR. BENSHOOF: Okay. 5 CHAIRMAN MINER: Ann, thank you very 6 

### 7 

## much. Any other questions for Ann? 8 MS. LONG: Okay. 9 CHAIRMAN MINER: Very good. 10 I have some cards from people who wish to 11 comment on this rule at this time. The first one 12 I have is Ann McIver. 13 

## THE REPORTER: Mr. Chairman, before 14 she starts, I've got to change my disk.

Mr. Chairman and members of the Board. I'm offering these comments today is Ann McIver. No, problem, Lindy.

Thank

My name (Pause in proceedings.) CHAIRMAN MINER: All right. CHAIRMAN MINER:

Ann, please. MS. MCIVER: Good afternoon, you. Go ahead. 15 

### 16 17 

### 18 19 20 

## 21 22 23

### 43



## 1 representing the Indiana Chamber of Commerce, and 2 I serve as Vice-Chair of the Chamber's Air 3 Subcommittee. 4 Chamber members are affected by IDEM's 5 proposal to establish greenhouse gases as a 6 regulated pollutant for the state's PSD and 7 Title V permit programs. The Chamber remains 8 concerned with the schedule for this rulemaking, 9 though we appreciate the position that IDEM is in 10 with respect to the EPA's demand that states 11 ensure their programs incorporate requirements 12 related to greenhouse gas -- greenhouse gases. 13 The Chamber doesn't believe that delaying 14 adoption of this rule will result in negative 15 consequences for IDEM, existing Indiana 16 businesses, or slowing new business development 17 

## in the state. Now is not the time to impose 18 unnecessary regulations on businesses that are 19 still struggling to recover from this weak 20 economy. 21 The business community should be allowed 22 to use the normal administrative rulemaking 23 processes if they're going to be regulated for

## 1 greenhouse gases for the first time. 44

We believe 2 the existing governing SIP modification process 3 would allow IDEM up to three years to make any 4 appropriate revisions in incorporating greenhouse 5 gas permitting requirements. 6 What a short delay in adopting this rule 7 would achieve, however, is the ability to learn 8 the outcome of the various pending legal actions 9 in federal courts to slow down or stay EPA's 10 Greenhouse Gas Tailoring Rule at the national 11 level, like you all just talked about. 12 A delay would also provide a greater 13 understanding of Congressional action and defer 14 putting Indiana in the position of having to 15 regulate greenhouse gases, potentially, when 16 other states .and the Federal Government may not 17 in the near future if there's no longer a federal 18 requirement.

Any questions for Ann? Ann, so, you're hoping 19 

## 20 

## 21 22 So, thank you. CHAIRMAN MINER:

MR. BACONE: Thank you, Ann.

23 for a short delay; is that

--

### 45



## 1 MS. MCIVER: Yes. 2 CHAIRMAN MINER: The next card I have 3 

## is Trevor Vance. 4 

## Mr. Vance?

disadvantage if they didn't implement an emergency rule to get back in line with what the Feds did? Affairs, here on behalf of United States Steel. We are members of the Indiana Chamber, and I agree with everything that's been said earlier. We also have comments that have been dated September 28th and added to the rule, so I won't repeat those. We also

-- our major thing is that if this is mirroring federal law that is vacated, that the state would then be on an economic disadvantage for any future permits and so forth. That's all I wanted to say today. My name is Trevor Vance, Public Thank you, members of the

Economic Any questions for

Okay. MR. BENSHOOF: CHAIRMAN MINER: MR. VANCE:

Mr. Vance? committee. 5 6 7 

### 8 9 

## 10 11 

### 12 13 

## 14 15 16 17 

## 18 19 20 

### 21 

## 22 23

## CHAIRMAN MINER: Thank you, Trevor. The next card I have is from Mr. Stan Pinegar. Indiana would still have additional loopholes that other states may not have by other states not adopting the rule; that there would be additional permit loopholes and processes that they would have to go through to be permitted in Indiana.

MR. PINEGAR: Thank you, Mr. Chairman and members of the Board. My name is Stan Pinegar. I'm the President of the Indiana Energy Association, and I rise today on behalf of the 13 members, the investor-owned electric and gas members and one public charitable trust of the lEA, as well as four electric generation entities which are not members of the lEA but participate in our Indiana Utility Group. I think I'm going to throwaway my prepared comments, which is probably a delight for most of you, but let me just say I testified,

as you may remember, at the emergency rule 1 

### 2 

## 3 4 5 6 7 8 

### 9 

### 10 11 

### 12 

## 13 14 15 16 17 18 

## 19 20 

### 21 22 

## 23 

## MR. VANCE: There would be

-- that 46

## 47

1 consideration in November, and we still believe 2 that many of the factors that I tried to layout 3 at that time are in play. 4 Most notably, that this rule on the 5 federal level is

-- the standing of this rule is 6 at risk, and you'll remember I indicated there's 7 a court action at the D.C. Circuit, which has 8 been expedited by that Court. There are briefs 9 having been filed. They expect to make some 10 ruling with regard to this rule, observers think, 11 by the end of the year or potentially by 12 January 2nd or 3rd, whichever the applicable date 13 might be. 14 And we also think that while this 15 lame-duck session of Congress may not produce 16 much of anything, let alone in this area, that 17 the 2011 session the U.S. Congress may address 18 this rule as well in some fashion, limiting EPA's 19 authority. 20 I want to state up front that we are still 21 very much in favor of IDEM maintaining control 22 over this program. That's paramount. We 23 wholeheartedly agree with that proposition, and

### 48



## 1 as I said, we still continue to believe that the 2 rule may be

-- certainly not with any certainty, 3 but may be impacted by the courts or by Congress. 4 And we appreciate, both in the response to 5 comments and in Ms. Bem's presentation, the many 6 remedies that IDEM believes that it has in order 7 to address the rule if one of those intervening 8 forces, or two, come about and cause Indiana to 9 take some action. 10 We recognize those actions. We're not 11 sure about how all of those work exactly, the use 12 of an emergency rule to essentially revoke a 13 permanent rule. I'm not sure about that. Maybe 14 it's been reviewed and maybe that is

-- maybe 15 that is a good tool. 16 

## The use of enforcement discretion, as you 17 may remember, was used

-- I'm sorry; excuse me -- 18 was used a few years ago in the Clean Air Mercury 19 Rule rulemaking. The Indiana Attorney General at 20 that time, Steve Carter, I think, provided IDEM 21 with some guidance in that respect. 22 But that's a little different rule than 23 what you're considering today, as I understand

### 49



## 1 it. That rule was not eventually going to be 2 part of our SIP, or at least wasn't in the 3 wasn't included in our SIP at the time of IDEM 4 utilizing that enforcement discretion with regard 5 to that rule.

There was discussion earlier about the case, this rule may become part of our SIP. 6 7 8 

## likely. In this case -- I'm very sorry. In this It's

9 need and EPA's desire for this rule to become 10 

## part of our SIP. And so, we wonder about the use 11 of enforcement discretion when

-- when the rule 12 is actually part of our state implementation 13 plan. 14 It seems to me there a couple of scenarios 15 here. We actually we advocated off-ramps in 16 our written comments. We provided specific 17 suggested language in our written comments, as 18 has been indicated a couple of times here this 19 afternoon already. 20 I suess there's been a couple of problems 21 with that. One, we'd have to start Section 8 22 rulemaking potentially over again, or another 23 form of rulemaking. Two

-- and an instance which

### 50



## 1 I was not aware of but was discussed today. I 2 would have no reason to disagree with it

-- that 3 the Attorney General has advised that they will 4 not accept off-ramp language. S We would like to see off-ramp language. 6 It is being used in other states, most notably, 7 Ohio, and I understand that may be nothing more 8 than their state laws or their State Attorney 9 General allowing that language in their rule, 10 whereas ours apparently does not, and we 11 understand that. 12 But it seems that there are a couple of 13 scenarios here where there could be gaps that are 14 quite concerning and could raise the specter of 15 third-party actions against the regulated 16 community and IDEM. 17 One scenario might be the time that it 18 will take to

-- to

-- for the state rule to be 19 taken off the books by this Air Board in one of 20 the mechanisms that was discussed earlier in this 21 discussion. During that interim, it seems that a 22 third party could file an action and attempt to 23 force IDEM and the regulated entity to be

## 51

1 permitted under this section. 2 The second scenario that may create a 3 consequence, it seems to me, is if this rule is 4 accepted by EPA into our state implementation 5 plan, and it seems at that point

-- we can do 6 what we want in Indiana. You can go through one 7 or several of the mechanisms that have been 8 explained to take that rule off Indiana's books. 9 But at that point EPA has, it seems to me, 10 some leverage over Indiana with regard to how we 11 might permit entities that are subject to the 12 rule. So, that, it seems to me, is a real 13 danger. I know that takes a lot of time. 14 There's an opportunity for interested parties to 15 intervene in that process. 16 But we don't know what the timing of all 17 of this may be. The D.C. Circuit Court and 18 Congress both have demonstrated over and over 19 that they both take a lot of time to make up 20 their minds on rules of this nature. So, in closing, again, we want IDEM to be in control of this rule. 21 22 23 

## priority. That's our first I guess in closing, I would just ask

### 52



## 1 again, reiterate that you'll hear over and over 2 again today that both IDEM and this Air Board be 3 vigilant in monitoring whatever steps Congress 4 and the courts might take with regard to this 5 rule, and immediately take the most appropriate 6 action to get this rule off our books and work 7 with EPA to ensure that they are not going to 8 come in and create an unintended consequence for 9 our regulated community. 10 Thank you for your attention. I'd be 11 happy to answer any questions. 12 CHAIRMAN MINER: Thank you, Stan. 13 14 

## Yes, David. MR. BENSHOOF: So, are you in favor 15 for us to adopt this rule, or are you not in 16 favor for us to adopt this rule? 17 

## MR. PINEGAR: We are -- well, as I 18 said, our paramount interest in IDEM maintaining 19 control of this program causes us to favor 20 adoption of the rule. 21 22 

### 23 

## MR. BENSHOOF: Thank you. MR. PINEGAR: Thank you very much. MR. CUNDIFF: It was hard to say,

### 53



## 1 wasn't it? 2 3 

## 4 

## (Laughter.) MR. BENSHOOF: Reluctant. CHAIRMAN MINER: Very good. The next 5 card I have is from Mr. Patrick Bennett. 6 Mr. Bennett? 7 MR. BENNETT: Thank you, 8 Mr. Chairman, members of the Board. Patrick Bennett, with the Indiana Manufacturers Association. It doesn't seem like it's been nearly a month since we were here talking about the emergency rule, and I'd start off again by saying that we sympathize with the agency and the

that's developed elsewhere, at the federal level, that's caused this to happen, and it's an unfortunate position to be in. The decision was made by the administration and the Commissioner to advise to go in this direction, and we respect that. We would agree that the agency maintaining and Indiana maintaining control of the program is 9 

### 10 

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

## administration and this Board. It's a situation

### 54



## 1 important. 2 However, as we'd indicated last month, we 3 would urge thi s body and the ag·ency to be 4 cautious, to be careful of the unintended 5 consequences that could come about from the 6 adoption of this rule. It'£ apparent at this 7 point that a delay in the adoption of either one 8 of these

- - certainly the emergency rule's ove.r, 9 but this one is unlikely, if nDt impossible, at 10 this point. 11 I would say, as you've heard from other 12 speakers, and I'll just generally endorse, that 13 there are definitely factors beyond the control 14 of this room, in Washington, regulatory, 15 legislative and litigation, that goes on that can 16 and very likely will change the outcome of this. 17 We can appreciate the offer for 18 enforcement discretion going forward, although 19 that comes as little comfort, as much as we 20 appreciate it going forward, because it's not the 21 wishes of this body or the agency and the 22 administration that the manufacturing community 23 would be worried about it. It's others who have

## 55

1 an opportunity to intervene, a third party, to 2 bring an action once this is out and on the 3 books. 4 And there's some discussion you heard 5 along the way, and probably in and out of this 6 meeting, about the use of off-ramps. What do we 7 do if we were wrong? How do we undo this? It's 8 an important thing to consider, and we've heard 9 that the Attorney General's Office advises that 10 an off-ramp is not possible and the proper way is 11 to have an additional rulemaking to undo 12 something, and that certainly we can't disagree 13 with. 14 I think one of the things to keep in mind, 15 and I mention this just to get it on the record, 16 is that one of the considerations that an 17 off-ramp is not an appropriate way to go is the 18 underlying portion of the Constitution that says 19 that Indiana won't have a law that's dependent on 20 another body's authority. 21 So, you, as lawmakers preparing to adopt a 22 rule, they're saying, "Don't include something 23 that's dependent on another authority." It's

## 1 sovereignty. 56



## And that's not all that dissimilar 2 if you think about the basis of this rule, and 3 I'm not saying that you don't have

-- it's not 4 r,etracting what I said about it being 5 unfortunate. 6 But the basis of this rule is now going to 7 be a law adopted in Indiana Administrative Law 8 based on the authority of another, the authority 9 of another body to act in the future. We think 10 

## it's premature. We would encourage you to wait, 11 although we think that that time's passed. 12 So, we just appreciate this position 13 you're in, and hope for the best. 14 Thank you. 15 CHAIRMAN MINER: Thank you, Patrick. 16 Any questions for Patrick? 17 (No response.) 18 CHAIRMAN MINER: The next card I have 19 is Miriam Dant. 20 

## 21 MS. DANT: members of the Board. Thank you, Mr. Chairman, Miriam Dant, with Dant 22 Advocacy, representing Nucor Steel. 23 I won't be redundant. Nucor agrees with

### 57



## Any questions for Mrs. Dant? (No response.) I have no further Thank you, Ms. Dant.

CHAIRMAN MINER: the statements made by the previous speakers regarding the appropriateness of an off-ramp in this rule. We understand the difficult legal and logistical position that IDEM is in, but because of the substantial uncertainty about whether the rule will still be in effect down the road, we would prefer to have the rule adopted with some sort of off-ramp language. Thank you. CHAIRMAN MINER:

cards regarding this rule. Is there anyone present who wishes to speak at this time? (No response.) CHAIRMAN MINER: Seeing none, this hearing is now concluded. We are ready for Board action on adoption of amendments, 326 lAC 2, Greenhouse Gas Tailoring Rule. Are there any questions from the Board at this time regarding the rule? Yes, David. 1 

### 2 3 

### 4 5 6 7 8 

### 9 

### 10 11 

### 12 

### 13 

## 14 15 

### 16 17 18 

### 19 20 21 22 

## 23

## 1 MR. BENSHOOF: So, we can't

-- we 58



## 2 can't make an amendment

-- propose an amendment 3 that we include an off-ramp? 4 

## CHAIRMAN MINER: Well, I think it's 5 been perfectly elaborated that if we do that such 6 thing

-- we can do that, but we just then change 7 the rulemaking process, delaying it past the 8 deadline that would potentially put us in the 9 position where we would no longer have the 10 ability to write our own permits. 11 And so, if we were to decide to do that, 12 the whole intent of this whole process, which is 13 an effort to keep control of our own permitting 14 process, would have been thwarted. 15 I don't know that there's any person in 16 this room, except maybe a few, or some, that has 17 a strong feeling that this is necessarily the 18 right way that we ought to be going about this. 19 I think unfortunately we're in a dilemma based on 20 the federal rule, you know. 21 And to Patrick's comment, you know, there 22 are lots of rules, unfortunately, that are on the 23 state level; i.e., the Constitution, that are

### 59



## 1 from other bodies that are applied within our 2 state or directly driven by our state, so this is 3 one of those situations where if we want to keep 4 control, or have the potential to lose control

-- 5 MR. BENSHOOF: Well

-- and I respect 6 that, and I

-- but I think we're missing an issue 7 here, and the issue is, is that if we adopt 8 something, we may be, quote, in control of our 9 permitting process in the state, but we've opened 10 up our businesses to other liabilities that now 11 is going to be placed on them, like third-party 12 suits that are a lot more hungry to put a company 13 out of business than EPA would be. 14 

## And so, here we are. You're saying we 15 need to move forward on one end because we're 16 scared that EPA's going to come in and take our 17 program, and that's going to hurt our economic 18 development. On the other hand, we get something 19 on the books, even for a short period of time, 20 and now we've opened those entities up for 21 third-party suits and for other actions that 22 aren't even in the regulatory process. 23 And so, that's

-- you know, if I'm a

### 60

1 

## business, what is my biggest threat? My biggest threat is going to be somebody's going to get ahold of something and is going to sue me.

clarify that those are the other issues that are out there. It's just not about permitting and what the state wants, to keep control of permitting. There are other issues out there that we -- we're not dealing with this at the

same level, and they're a just as real, if not, in my mind, a more real live threat to a business than the regulatory process. 2 3 

## 4 5 6 7 

### 8 9 

### 10 11 

### 12 

### 13 14 

## CHAIRMAN MINER: speak to that personally. MR. BENSHOOF: Well, I mean I can't I mean I don't have I'm just trying to

15 

## COMM. EASTERLY: But you would need 16 

## to be subject to the rule. You need to have

MR. BENSHOOF: Right. COMM. EASTERLY:

-- which means right have done something to the rule that you didn't do

-- 17 18 19 20 

### 21 22 

### 23 

## taken an action that CHAIRMAN MINER: COMM. EASTERLY: Right. you would have to

### 61



## now, between now and July 1st, you would have had to have built a source that had a significant increase in greenhouse gas emissions without

liability. After July 1st, you would have to either have done that or be a source that is so large that it needs greenhouse gases in its Title V permit, which we're talking about, I suspect, power plants, steel mills, maybe BP. Can you think of anybody else? Otherwise, you don't have any getting a permit.

And again, I would A handful of these Indiana generating

COMM. EASTERLY:

CHAIRMAN MINER: MR. PINEGAR: stations.

sources. 1 

### 2 3 

### 4 5 

### 6 

### 7 8 9 

## 10 11 

## 12 13 

### 14 15 16 

## 17 assume the liability would lie more with us, 18 outside of failing to have a permitting rule or 19 having some detrimental ruling against a company 20 would fall more with us not acting as a third 21 party coming at somebody, it would be, "IDEM, how 22 come you're not enforcing your rule?" so to 23 

## speak. And I don't know if you want to speak to

### 62



## 1 that or if that's an issue for you or -- 2 COMM. EASTERLY: Well, that's why we 3 want to repeal the rule if

-- 4 CHAIRMAN MINER: Yes. 5 COMM. EASTERLY:

-- the underlying 6 

## federal thing goes away. The emergency rule, 7 

## that will be effective as the repeal the date 8 

## it's filed, can happen at any Board meeting after 9 

## the federal action happens, which means that's 10 the most

- - the worst -case, if we really had 11 something and we couldn't withdraw our other rule 12 is we have to give notice of the Board meeting, 13 which is

-- you know, and a special Board 14 meeting, which is the 30-day thing, so we'd have to wait 30 days to get an action from you to make it repealed. MR. QUYLE: Could I ask one question? Could you actually begin the Section 8 

## process to adopt the off-ramp language and have that going through the process? 15 16 17 18 

### 19 

## 20 21 COMM. EASTERLY: I'll have to ask 22 Ann, but I don't think so, because you need a 23 federal date, usually, to have the Section 8

### 63



## 1 speedy thing. 2 Is that correct, Ann? 3 MS. LONG: Yes, and that

-- and I am 4 grateful to Mr. Patrick Bennett for bringing up 5 the Constitutional issue, which I could talk 6 about, but I won't, okay, for time's sake, 7 because it's kind of like the sword cuts both 8 9 10 

## 11 12 13 

## 14 15 16 17 18 19 

## 20 21 

## 22 23 

## ways. The story on the off-ramp issue is it's a problem with the Attorney General's Office and with Indiana law no matter how you do it. If you -- if you all wanted to put off-ramp language in the rule, I can almost guarantee

-- because nothing in life is certain, I can almost guarantee the Attorney General's Office will disapprove the rule, because they're going to say, among other things, that we're putting language in the rule where, oh, the existence or nonexistence of a particular law depends on what happens in a Federal Court in Washington, D.C. MR. DELONEY: In the future. MS. LONG: In the future. COMM. EASTERLY: I think Jeff's other

## 1 question was: 64



## Could we start the Section 8 next 2 week, you know, notice it, because there's still 3 30, 40 days in the

-- 4 

### 5 

## MS. LONG: Oh. COMM. EASTERLY:

-- Section 8 6 process more than at that, actually, because 7 we have to respond to the comments

- - to repeal 8 it, and I thought we could only do that if we had 9 an underlying federal thing that drives it. 10 MS. LONG: See, that's the deal, and 11 I think there were two questions: One, could we 12 do a Section 8 to amend this rule, to put an 13 off-ramp, and that's the one that just kind of 14 runs into the legal brick wall with the A.G. 's 15 Office. 16 And the other problem is if you start a 17 Section 8, anticipating that the rule's going to 18 be

-- or I'm sorry -- that the federal rule will 19 be vacated, then you're anticipating an action 20 that mayor may not happen. You just don't have 21 any justification, let's say, to do that until 22 there is some kind of federal vacation or 23 invalidation.

### 65



## 1 And I have to say the procedure protects 2 people. It protects everyone, legally and in 3 terms of going through jumping the hoops, by 4 doing a repeal rulemaking after there's some kind 5 of federal validation or vacation. That's the 6 process that needs to be followed under the law.

No, because, see, there's 7 8 

## 9 

## COMM. EASTERLY: that process today? MS. LONG: But I couldn't start

10 no justification, and that you're building a 11 procedural weakness into that rule, if you see 12 what I mean. You're starting out ahead of time, 13 ahead of a vacation, and so there's another issue 14 that could potentially involve third-party 15 lawsuits, because a rule could be challenged for 16 not being procedurally correct within two years 17 after it's enacted. Okay. 18 MR. DELONEY: There could be a 19 partial vacature as opposed to a complete 20 vacature. 21 MS. LONG: Right, and that's why I 22 have to go back and say -- let me go back to the 23 whole ·We can do an emergency rule basically to

## 1 get rid of these provisions." It has to fit into 2 the emergency rule statute, and the emergency 3 rule statute says that you can do an emergency 4 rule when you have a federal action that has a 5 deadline. And again, I've discussed this with the 6 7 

## Attorney General's Office. It's conceivable, the 8 way this could come down, you wouldn't exactly 9 fit into the emergency rule action, and so 10 probably it would, but I don't know that. I 11 don't know how it's going to come down. 12 And that's why I'm trying to be cautious 13 and say that if we can possibly justify doing an 14 emergency rule to repeal these amendments, we 15 will go ahead and bring that before the Board as 16 soon as possible. If not, we can rely on a 17 Section 8 rulemaking, if it's appropriate. If we 18 have the right kind of thing going on with the 19 federal action, that will repeal this rule. 20 And we've really gamed this all out, so to 21 speak, with the Attorney General's Office. We've 22 looked at all of our options, and anything else 23 really does build a procedural weakness into the

### 67



## 1 system, and that's as much of a potential danger

for Ann? (No response.) as the enforcement discretion issue. And I guess I want to say if there's a total federal vacature of this rule, and we've said this in the response to comments, that the underlying authority is gone; okay? And so, the idea that the rule could be as part of the state SIP and kind of just be lingering there until something is done with it, practically speaking, I just don't see a problem with that, if you've got a federal action that in effect just invalidates the rulemaking, because you're really taking away that underlying authority to regulate greenhouse gases in the way that the Tailoring Rule and EPA's scheme would suggest. So, is there anything else? CHAIRMAN MINER: Any other questions

MS. LONG: Okay. CHAIRMAN MINER: Any other questions Thank you again, CHAIRMAN MINER: Ann. 2 3 

## 4 5 

## 6 7 

## 8 9 10 

## 11 12 13 

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1 

## from the Board regarding the rule? 2 (No response.) 3 CHAIRMAN MINER: I would now 4 

## entertain a motion for adoption of 326 

## lAC 2. 5 

## MR. ANDERSON: So moved. 6 

## CHAIRMAN MINER: I have a motion from 7 

## Mr. Anderson. 8 

## DR. STEVENS: Second. 9 

## CHAIRMAN MINER: A second from

no.

yes. Mr. Cundiff? MR. CUNDIFF: Yes. CHAIRMAN MINER: Mr. Cundiff votes Mr. Benshoof? MR. BENSHOOF: No. CHAIRMAN MINER: Mr. Benshoof votes

Yes. Eric votes yes.

Yes. I will now do a roll-call vote.

MR. HORN: MR. LEVENHAGEN: CHAIRMAN MINER: Mr. Horn? Eric? Dr. Stevens. 10 11 

### 12 13 

### 14 15 16 

### 17 18 19 20 

### 21 

## 22 23

## yes. Mr. Horn votes yes. 1 

## 2 3 4 

## 5 yes. 6 7 

### 8 9 

## 10 11 

## 12 13 69



## CHAIRMAN MINER: Mr. Staley? MR. STALEY: Aye. CHAIRMAN MINER: Mr. Staley votes

Mr. Quyle? MR. QUYLE: Yes. CHAIRMAN MINER: Mr. Quyle votes yes. Dr. Stevens? DR. STEVENS: Yes. CHAIRMAN MINER: Dr. Stevens votes

Dr.

-- Mr. Bacone? 14 MR. BACONE: Yes. 15 CHAIRMAN MINER: Mr. Bacone votes 16 yes. 17 Mr. Anderson? 18 MR. ANDERSON: Yes. 19 CHAIRMAN MINER: Mr. Anderson votes 20 yes, and I vote yes as well, so the decision 21 passes. 22 The next item on our agenda is a public 23 hearing before the Air pollution Control Board of

### 1 

### 2 

## CERTIFI'CATE I, Lindy L. Meyer, Jr., the undersigned 86



## 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 proc.e.edings taken by me 7 on Wednesday, December 1, 2010 in this matter and 8 

### 9 

## 10 11 

## 12 13 14 

## transcribed by me.

# ~~~~. Lindy L. Meyer, Jr., Notary Public in and for the State of Indiana.

15 My Commission expires October 27, 2016. 16 17 

### 18 19 

## 20 21 22 23 

### .

# ,.