### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOurEnvironment. Michael R

.Pence 100 North Senate Avenue Governor Indianapolis, Indiana 46204 (317) 232-8603 

### Thomas W Easterly Toll Free (800) 451-6027 Commissioner www.idem.IN.gov



### Susan Hedman Regional Administrator U.S. EPA, Region 5 77 WestJackson Boulevard Chicago, Illinois

.60604

DearMs. Hedman: January 30, 2013



### Re: State Implementation Plan Submittal for Indiana Regarding 326 lAC 1-3-4 and 326 lAC 1-4-1 (LSA #12-510), 2012NAAQS Update

Pursuantto Section 110 ofthe Clean AirActand Title 13 ofthe Indiana Code, the Indiana Depmtment ofEnvironmental Management (IDEM) submits an amendmentto the Indiana state implementationplan

. This amendment consists ofrevisions to Indiana's rules concerningthe national ambient air quality standards (NAAQS) for nitrogen dioxide (N02), 

### sulfur dioxide (S02),

### pmticulate matter with an aerodynamic diameter less than or equal to 2.5 microns (PM2.5) , 

### and pmticulate matter with an aerodynamic diameter less than orequal to 10 microns (PM 10), 

### and the addition to Indiana's rules ofa definition for PM25 , 

### accomplished through one rulemaking. IDEMrequests that the United StatesEnvironmental Protection Agency (U.S. EPA) approve 326 lAC 1-3-4 and 326 lAC 

### 1-4-1. Subsections (b

### )(I) and (b)(5) of326 lAC 1-3-4 have been amendedto update incorporations of the NAAQS for N02 

### and S02 

### at 40 CFR 50. These updates are being submitted as

### a supplementto previous rulemakingLSADocument#10-495, N02 

### and S02

### NAAQS. Subsection (b)(7) is being amended concerningthe annual NAAQS for PM 10. 

### Subsection (b)(8) of326 lAC 1-3-4 is also being amended to update the incorporation ofthe 2006 24-hourNAAQS for PM2.5 . 

### Section 1 of326 lAC 1- 4 is being amended to add a definition for PM2.5. 

### This submittal consists ofone (1) hard copy ofthe required documentation. An 

### electronic version ofthe submittal 

## in PDF formatthat is identical to the hard copy has been sentto Chris Panos at the U.S. EPA Region V office. In orderto assist with yourreview ofthis state implementationplan submission, a list ofsupp01ting documents is attached. Throughoutthe development ofthese amendments to Indiana'srules concerningNAAQS for N02, 

### S02, 

### PM2.5, 

### and PM 10 

### and the addition to Indiana'srules ofa definition for PM25, 

### staffofthe Office ofAir Quality worked closely with your staffto ensure that anypotential problemsthat might existwith this requested state implementationplan revision would be resolved. I requestthatU.S. EPA approve these modifications oflndiana's state implementationplan. Ifyou have anyquestions regarding this submittal,please contactMike Dalton, Rule Supp01t Section Chief , Office ofLegal Counsel at (317) 232-8884.

Rec ycled Paper 

## (i) An Equal Opportunity Employer Please Recycl e 

## 0

### NK/rk Attachments: SuppmiingDocuments

cc: John Mooney, U.S. EPA Region V (no enclosures) DougAburano, U.S. EPA Region 

### V (no enclosures) Steve Rosenthal, U.S. EPA Region V (no enclosures) Mike Dalton, IDEM (no enclosures) Christine Pedersen, IDEM (no enclosures) SIP file

### SupportingDocuments AttachmentA: Administrative Checklist ( 40 CFR51, AppendixV) AttachmentB: Final Rule. LSA Document#12-510(F) as published inthe IndianaRegister January 16, 2013 (DIN: 20130116-IR-326120510FRA) Attachment C: Signature Page AttachmentD: Section 8Notice, includingtheNotice ofPublic Hearing, as publishedinthe IndianaRegister September 12, 2012 (DIN: 20120912-IR-326120510FDA) AttachmentE: Cetiificate ofPublication AttachmentF: Transcript ofPublic Hearingheld onNovember 7, 2012

### ADMINISTRATIVE CHECKLIST (40 CFR51, AppendixV) 1. The submittal is accompaniedby a fmmalletter ofsubmittal Enclosed from the governor orhis designee. 2. Evidence thatthe State has adopted the planinthe State code Attachment C orbody ofregulations; orissuedthepe1mit, order, consent agreement ("document"); infinal form.

a. Date ofadoption orfinal issuance: November 7, 2012 b. The effective date oftheplan, ifdifferent January 

## 16, 2013 from the adoption/issuance date. 3. Evidencethatthe State has the necessary legal authority IC 13-14-8 under state lawto adopt and implementtheplan. 4. A copy ofthe actual regulationor document submittedfor Attachment B approval and incorporationbyreference into theplan, includingthe following:

a. Indicationofthe changes madeto the existing approvedplan, where applicable. b. The submittal shallbe a copy ofthe official State regulation or document signed, stamped, datedby the appropriate state official indicatingthatitis fully enforceablebythe State. Effective date shall be stated inthe document itself. 5. Evidence thatthe State followed all oftheprocedural requirements ofthe State'slaws and constitutionin conducting and completingthe adoption/issuance oftheplan. Attachment C

6. Evidence thatpublic notice was given, including date of Attachments D and E proof**~f**

### publication. _x_Notice ofPublicHearing and Ce1iificate ofPublication 7. Certificationthatpublichearings wereheldin accordance with informationprovided inpublic hearingnotice. _x_Transcriptfrom Public Hearing 8. Compilation ofpublic comments and State'sresponse. x Section 8Notice

-- 

### 9. Technical SuppmiDocument (ifsource specific change).N/ A Attachments F

Attachments D

### Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD Final Rule LSA Document #12-510(F) DIGEST Amends 326 lAC 1-3-4 concerning the national ambient air quality standards for nitrogen dioxide (NO ), sulfur dioxide (S02), 

### particulate matterwith an aerodynamic diameter less than or equal to 2.5 microns (P£1 2 5), 

### and particulate matterwith an aerodynamic diameter less than or equal to 10 microns (PM 10), 

### and 326 lAC 1"-4-1 to add a definition for PM2_ 5. 

### Effective 30 days afterfiling with the Publisher. HISTORY Findings and Determination ofthe Commissioner Pursuant to IC 13-14-9-8: September 12, 2012, Indiana Register (DIN: 20120912-IR-326120510FDA). Notice of Hearing: September 12, 2012, Indiana Register (DIN: 20120912-IR-326120510PHA). Date of Hearing: November 7, 2012. 326 lAC 1-3-4; 326 lAC 1-4-1 SECTION 1. 3261AC 1-3-41S AMENDED TO READ AS FOLLOWS: 326 lAC 1-3-4 Ambient air quality standards Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17

Sec. 4. (a) All measurements ofair quality that are expressed as mass per unitvolume, otherthan for the particulate matter (PM ) standards contained in subsection (b)(8) and lead (Pb) standards contained in subsection (b)(6), shalf-Be corrected to a reference temperature oftwenty-five (25) degrees Celsius and a reference pressure ofseven hundred sixty (760) millimeters ofmercury (one thousand thirteen and two-tenths (1,013.2) millibars), as micrograms per cubic meter (1Jg/m3). 

### Measurements of PM2 5, 

### for purposes of comparison to the standards contained in subsection (b)(8), and Pb, for purposes of comparison to the standards contained in subsection (b)(6), shall be reported based on actual ambient airvolume measured at the actual ambient temperature and pressure at the monitoring site during the measurement period. (b) Ambient air quality standards are as follows: (1) Sulfur oxides as sulfur dioxide (SO ) requirements are as follows:

(A) Forthe primary one (1) hour amBient air quality standard, the maximum permissible ambient air quality level shall be seventy-five (75) parts per billion (ppb). The one (1) hour standard is attained when the three (3) year average ofthe annual ninety-ninth percentile ofthe daily maximum one (1) hour average concentration is less than or equal to seventy-five (75) ppb, as determined in accordance with 40 CFR 50, Appendix T* added at 7§ FR 3§§9§ 3§§97, and measured in the ambient air as SO by a reference method based on 40 GFR §0, AppendiJC A*, 

### redesignated Appendb( A 2 at 7§ FR 3§§9§ or Appendb( A 1*, added at 7§ FR 3§§93 3§§9§, 40 CFR 50, Appendix A-1* or40 CFR 50, AppendixA-2*, or an equivalent method designated in accordance with 40 CFR 53*. as arnended at 7§ FR 3§§97 3§601. (B) For the secondary standard, the following value shall represent the maximum permissible ambient air quality level: one thousand three hundred (1,300) 1Jg/m3 

### (five-tenths (0.5) ppm) maximum three (3) hour concentration not to be exceeded more than once peryear. The three (3) hour averages shall be determined from successive nonoverlapping three (3) hour blocks starting at midnight each calendar day and shall be rounded to one (1) decimal place (fractional parts equal to or greaterthan five-hundredths (0.05) ppm shall be rounded up). Sulfuroxides shall be measured in the ambient air as S02 

### bythe reference method described in 40 CFR 50, AppendixA-1* or40 CFR 50, AppendixA-2*, or by an equivalent method designated in accordance with 40 CFR 53*. To demonstrate attainment, the second-highestthree (3) houraverage must be based upon hourly datathat are at least seventy-five percent (75%) complete in each calendar quarter. A three (3) hour block average shall be consideredvalid if:

(i) all three (3) hourlyaverages forthethree (3) hour period are available; or 

### (ii) only one (1) ortwo (2) hourly averages are available, butthe three (3) houraverage would exceed the level ofthe standard when zeros are substituted forthe missing values, subjectto the Date: Jan 17,2013 1:42:55PM EST DIN: 20130116-IR-326120510FRA Page 1Indiana Register rounding rule ofthis clause. In all cases, the three (3) hour block average shall be computed as the sum ofthe hourly averages divided by three (3). (C) S02 values may be converted to ppm using the conversion factor two thousand six hundred twenty (2,620) l-Jg/m3 = one (1) ppm. (2) Total suspended particulates (TSP) requirements are as follows:

(A) For primary standards, the following values shall represent the maximum permissible ambient air quality levels:

(i) Seventy-five (75) l-Jg/m3 annual geometric mean. (ii) Two hundred sixty (260) l-Jg/m3 maximum twenty-four (24) houraverage concentration notto be exceeded more than one (1) day peryear. (B) Forsecondary standards, the following value shall represent maximum permissible ambient air quality levels: one hundred fifty (150) l-Jg/m3 maximum twenty-four (24) hour average concentration notto be exceeded more than one (1) day peryear. (3) Carbon monoxide (CO) requirements are as follows:

(A) For primary and secondary standards, the following values shall represent the maximum permissible ambient air quality levels:

(i) Ten (1 0) milligrams per cubic meter (mg/m3) (ten thousand (1 0,000) l-Jg/m3) (nine (9) ppm) maximum eight (8) hour avera:Pe concentration not to be exceeded more than once peryear. (ii) Forty (40) mg/m (forty thousand (40,000) l-Jg/m3) (thirty-five (35) ppm) maximum one (1) hour average concentration not to be exceeded more than once peryear. (B) CO values may be converted to ppm using the conversion factor one thousand one hundred forty-five (1, 145) l-Jg/m3

# = one (1) ppm. (4) Ozone (03) requirements are as follows:

(A) Forthe one (1) hour ozone standards, the level ofthe one (1) hour primary and secondary ambient air quality standards for ozone measured by a reference method based on 40 CFR 50, Appendix D* and designated in accordancewith 40 CFR 53* is twelve-hundredths (0.12) ppm (two hundred thirty-five (235) l-Jglm\ The standard is attained when the expected number ofdays per calendaryearwith maximum hourly average concentrations above twelve-hundredths (0.12) ppm (two hundred thirty-five (235) l-Jg/m3) is equal to or less than one (1) as determined by40 CFR 50, Appendix H*. (B) Forthe eight (8) hour ozone standards, the:

(i) level ofthe eight (8) hour primary and secondary ambient air quality standards for ozone, measured by a reference method based on 40 CFR 50, Appendix D* and designated in accordancewith 40 CFR 53*, is eight-hundredths (0.08) ppm, daily maximum eight (8) hour average; and (ii) eight (8) hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the average ofthe annual fourth highest daily maximum eight (8) hour average ozone concentration is less than or equal to eight-hundredths (0.08) ppm as determined in accordance with 40 CFR 50, Appendix 1*. (C) 0 3 values may be converted to ppm using the conversion factor one thousand nine hundred sixty-five (1 ,96o) l-Jg/m3

# =1.0 ppm. (5) Nitrogen dioxide (N02) requirements are as follows:

(A) Forthe primary one (1) hour ambient air quality standard, the maximum permissible ambient air quality level shall be one hundred (100) ppb, one (1) hour average concentration, measured in the ambient air as N02. The one (1) hour standard is attained when the three (3) year average ofthe annual ninety-eighth percentile ofthe daily maximum one (1) houraverage concentration is less than or equal to one hundred (100) ppb, as determined in accordance with 40 CFR 50, Appendix S*. added at

### 75 FR 

### 6532 6534. (B) Forthe annual primary and secondary standards, standard, the following value shall represent the maximum permissible ambient airquality level: one hundred (100) l-Jg/m3 (fifty-three thousandths (0.053) ppm) annual arithmetic mean average concentration in a calendaryear. The annual primary standard is attained when the annual average concentration in a calendaryear is less than or equal to fifty-three (53) ppb, as determined in accordance with 40 CFR50, Appendix S*for the annual standard. (C) Forthe annual secondary standard, the following value shall represent the maximum permissible ambient airquality level: one hundred (100) 1Jg/m3 (fifty-three thousandths (0.053) ppm) annual arithmetic mean concentration in a calendaryear. The secondary standard is attained when the annual arithmetic mean concentration in a calendaryear is less than or equal to fifty-three thousandths (0.053) ppm, rounded to three (3) decimal places (fractional parts equal to orgreater than five ten-thousandths (0.0005) ppm must be rounded up). To demonstrate attainment, an annual mean must be based upon hourly data that are at least seventy-five percent (75%) complete or upon data derived from manual methods that are at least seventy-five percent (75%) complete for the scheduled sampling days in each calendar quarter. 

## tG1 (D) N02 values may be converted to ppm using the conversion factor one thousand eight hundred eighty

Date: Jan 17,20131:42:55PM EST DIN: 20130116-IR-326120510FRA Page 2Indiana Register (1 ,880) IJg/m = one (1) ppm. (E) The levels ofthe standards shall be measured by:

(i) a reference based on 40 CFR 50, Appendix F*; or (ii) an equivalent method designated in accordance with 40 CFR 53*. (6) Pb: For primary and secondary standards, the following value shall represent the maximum permissible ambient air quality level: fifteen-hundredths (0.15) 1Jg/m3

, arithmetic mean concentration over a three (3) month period. The standards are attained when the maximum arithmetic three (3) month mean concentration for a three (3) year period is less than or equal to fifteenth-hundredths (0.15) 1Jg/m3

, as determined in accordance with 40 CFR 50, Appendix R* and measured in the ambient air as Pb by either: (A) a reference method based on 40 CFR 50, Appendix G*, and designated in accordance with 40 CFR 53*; or (B) an equivalent method designated in accordance with 40 CFR 53*. (7) PM 10: For primary and secondary standards, the follmving values shall represent the maximum permissible ambient air quality

### le>.fels7 level is (/\) Fifty (60)

### !Jg/m~annual arithmetio mean. The standards are attained when the mEpeoted annual arithmetio mean oonoentration, as determined in aooordanoe with 40 GFR 60, AppendbE K*, is less than or equal to fifty (50)

### ~:~glm'\ 

## fB1 one hundred fifty (150) 1Jg/m3 maximum twenty-four (24) hour average concentration. The standards are attained when the expected number ofdays percalendaryearwith a twenty-four (24) hour average concentration above one hundred fifty (150) 1Jg/m3

, as determined in accordance with 40 CFR 50, Appendix K,* is equal to or less than one ( 1). (8) PM2 5: For primary and secondary standards, the following values shall represent the maximum permissiole ambient air quality levels:

(A) Fifteen (15) micrograms per cubic meter (1Jg/m3) annual arithmetic mean concentration. The standards are attained when the annual arithmetic mean concentration is less than or equal to fifteen (15) 1Jg/m3

, as determined in accordance with 40 CFR 50, Appendix N* and measured in the ambient air as PM2 5 by either: ·

(i) a reference method based on 40 CFR 50, Appendix L*, and designated in accordance with 40 CFR 53*; or (ii) an equivalent method designated in accordance with 40 CFR 53*. (B) SbEty five (e6) Thirty-five (35) 1Jg/m3 twenty-four (24) houraverage concentration. The standards are attained when the ninety-eighth percentile twenty-four (24) hour concentration is less than or equal to silEty five (e6) thirty-five (35) micrograms per cubic meter (1-Jglm\ as determined in accordancewith 40 CFR 50, Appendix N* and measured in the ambient air as PM2 by either:

(i) a reference method based on 40 CFR 50, Appendix L*, anffidesignated in accordance of40 CFR 53*; or (ii) an equivalent method designated in accordance with 40 CFR 53*. *These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

### (AirPollution ControlBoard; 326 lAC 1-3-4: filed Mar 10, 1988, 1:20p.m.: 11 IR 2378; filedApr 13, 1988, 3:35 p.m.: 111R 3020; readopted filedJan 10, 2001, 3:20p.m.: 241R 1477; filed May21, 2002, 10:20 a.m.: 25/R 3055; filed Mar9, 2004, 3:45p.m.: 

### 27 IR 2224; filed Dec 20, 2004, 2:15p.m.: 28 IR 1471; filed Mar6, 2006, 3:00 p.m.: 291R 2179; filed Sep 24, 2010, 1:44p.m.: 20101020-IR-326100127FRA: filed Feb 9, 2011, 10:29 a.m.: 20110309-IR-326100495FRA; filed Dec 19, 2012, 4:22p.m.: 20130116-IR-326120510FRA)

SECTION 2. 3261AC 1-4-1 IS AMENDED TO READ AS FOLLOWS: Rule 4. Attainment Status Designations

326 lAC 1-4-1 Definitions Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17

Sec. 1. The following definitions apply throughout this rule:

Date: Jan 17,2013 3:19:38PM EST DIN: 20130116-IR-326120510FRA Page 3

### Indiana Register (1)**"SO~"** 

### means sulfur dioxide. (2) "CO means carbon monoxide. (3) "0 " means ozone. (4)

### "P~**R"** has the meaning set forth in 326 lAC 1-2-52.4. (5) "N0,2 means nitrogen dimddes. dioxide. 

### (6) "Pb' means lead. (7) "PM2_ 5" has the meaning setforth in 326 lAC 1-2-52.2. (AirPollution ControlBoard; 3261AC 1-4-1: filed Mar 10, 19BB, 1:20p.m.: 111R 2379; filedAug 9, 1991, 11:00 a.m.: 141R 221B; filed Dec 30, 1992, 9:00a.m.: 161R 13B2; filedApr 1B, 1995, 3:00p.m.: 1BIR2220; filed Oct 

### 22, 1997, B:45 a.m.: 211R 932; filedApr 17, 199B, 9:00a.m.: 211R 3342; filedApr29, 199B, 3:15p.m.: 211R 3341; filed May21, 2002, 10:20 a.m.: 251R 3056; filed Nov 15, 2002, 11:17a.m.: 261R 1077; filed Dec 1, 2003, 10:00 a.m.: 271R 1167; filedNov 12, 2004, 12:15p.m.: 2BIR 11B2; filed Sep 26, 2006, 10:03 a.m.: 20061025-IR-32606001BFRA; filed Sep 13, 

### 2007, 1:57p.m.: 20071010-IR-326070024FRA; filed Dec26, 

### 2007, 1:43p.m.: 200B0123-IR-32607030BFRA; filed Dec 19, 2012, 4:22p.m.: 20130116-IR-326120510FRA)

LSA Document #12-510(F) Findings andDetermination ofthe CommissionerPursuant to IC 13-14-9-B: 20120912-IR-326120510FDA Hearing Held: November

### 7, 2012 ApprovedbyAttorney General: December 19, 2012 Approvedby Governor: December 19, 2012 Filed with Publisher: December 19, 2012, 4:22p.m. Documents IncorporatedbyReference: None ReceivedbyPublisher SmallBusiness Regulatory Coordinator: Jessica Faust-Hamblin, IDEM SmallBusiness Regulatory Coordinator, MC 60-041GCS W041, 100 North Senate Avenue, Indianapolis, IN46204-2251, (317) 232-B172 or(BOO) 9BB-7901, ctap@idem.in.gov SmallBusinessAssistance Program Ombudsman: BradBaughn, IDEM SmallBusinessAssistance Program Ombudsman, MC 50-011GCN 1301, 100 North Senate Avenue, Indianapolis, IN46204-2251, (317) 234-33B6 or (BOO) 451-6027, bbaughn@idem.in.gov Posted: 01/16/2013 byLegislative ServicesAgency 

### An html version ofthis document.

Date: Jan 17,2013 3:19:38PM EST DIN: 20130116-IR-326120510FRA Page4

# Rule SignaturePage

Rule: LSA#12-SlO(F) Agency: AirPollutionControlBoard 

## NAAQS Update Subject:

# ADOPTED~: . --**By:-~** 

### Jam · e 

## M.D. Chairman AirPollutionControlBoard

. · ·



## APPROVED: By:



## ACCEPTEDFORFILING: By:

_ TITLE 326 AIRPOLLUTION CONTROLBOARD 

## I1 l LSADocument#l2-510(FR) Filed

### withPublisher: December 19, 2012,4:22 

### p.m. 

### By:Kks 

### Date:

Date:

)ate:,

_______ _Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD FINDINGS AND DETERMINATION OF THE COMMISSIONER PURSUANT TO IC 13-14-9-8 AND DRAFT RULE LSA Document#12-510 DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE, SULFUR DIOXIDE, PARTICULATE MATTERWITH AN AERODYNAMIC DIAMETER LESS THAN OR EQUAL TO 2.5 MICRONS, AND PARTICULATE MATTER WITH AN AERODYNAMIC DIAMETER LESS THAN OR EQUAL TO 10 MICRONS PURPOSE OF NOTICE The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to Indiana's rules at 326 lAC 1-3-4 concerning the national ambient air quality standards for nitrogen dioxide, sulfur dioxide, particulate matterwith an aerodynamic diameter less than or equal to 2.5 microns, and particulate matterwith an aerodynamic diameter less than or equal to 10 microns. IDEM is also amending 326 lAC 1-4-1 to add a definition for particulate matterwith an aerodynamic diameter less than or equal to 2.5 microns. IDEM is soliciting written comment on the draft rule language and will schedule a public hearing before the Air Pollution Control Board (board) for consideration·Of adoption ofthese rules. CITATIONS AFFECTED: 326 lAC 1-3-4; 326 lAC 1-4-1. AUTHORITY: IC 13-14-8; IC 13-17. STATUTORY REQUIREMENTS IC 13-14-9-8 recognizes that, under certain circumstances, it may be appropriate to reduce the numberof public comment periods and public hearings usually provided for underthe IC 13-14-9 environmental rulemaking process. In cases where the commissioner determines thatthere is no reasonably anticipated benefit from a second public comment period and first public hearing to eitherthe environment or persons regulated or otherwise affected by the proposed rule, IDEM mayforgo these comment periods and proceed directlyto the public hearing and board meeting at which the draft rule is considered for adoption. Two opportunities for public comment (with this notice and atthe public hearing prior to adoption ofthe rule) remain underthis procedure. Ifthe commissioner makes the determination of no anticipated benefit required by IC 13-14-9-8, the commissioner shall prepare written findings and publish those findings in the Indiana Register prior to the board meeting at which the draft rule is to be considered for adoption and include them in the board packet prepared for that meeting. This document constitutes the commissioner's written findings pursuant to.IC 13-14-9-8. The statute provides forthis shortened rulemaking process ifthe commissioner determines that: (1) the rule constitutes:

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

(i) is or will be applicable to Indiana; and (ii) contains no amendments that have a substantive effect on the scope or intended application ofthe federal law or rule; (B) a technical amendmentwith no substantive effect on an existing Indiana rule; or (C) an amendmentto an existing Indiana rule, the primary and intended purpose ofwhich is to clarify the existing rule; and (2) the rule is ofsuch nature**~nd** scope thatthere is no reasonably anticipated benefit to the environment or the persons referred to in IC 13-14-9-7(a)(2)from: (A) exposing the rule to diverse public comment under IC 13-14-9-3 or IC 13-14-9-4; (B) affording interested oraffected parties the opportunity to be heard under IC 13-14-9-3 or IC 13-14-9-4; and (C) affording interested oraffected parties the opportunity to develop evidence in the record collected under IC 13-14-9-3 and IC 13-14-9-4. BACKGROUND The Clean AirAct (CAA) requires the United States Environmental Protection Agency (U.S. EPA) to set primary and secondary National Ambient Air Quality Standards (NAAQS) forthe six common air pollutants considered harmful to public health and the environment including lead, ground-level ozone, carbon monoxide, nitrogen oxides, sulfur dioxide, and particulate matter. For each ofthese pollutants, the CAA requires U.S. EPAto set health-based or "primary" standards at a level judged to be "requisite to protectthe public health with an adequate margin ofsafety" and establish secondary standards that are requisite to protect public welfare from "any known or anticipated effects associated with the pollutant in the ambient air" including effects on crops, Date: Jan 22,201311:51:53AM EST DIN: 20120912-IR-326120510FDA Page 1Indiana Register vegetation, wildlife, buildings and national monuments, and visibility. The law requires U.S. EPAto review these standards once every five years to determine whether revisions to the standards are appropriate. In 2010, U.S. EPA issued a revised primary NAAQS for nitrogen dioxide (N02) in the February 9, 2010, Federal Register (FR) published at 75 FR 6474. N02 belongs to a family of highly reactive gases called nitrogen oxides. These gases form when fuel is burned at hign temperatures and come principally from motorvehicle exhaust and stationary fuel combustion sources such as electric utilities and industrial boilers. N02 also plays a major role in the atmospheric reactions that produce ground-level ozone. U.S. EPAfirst established standards for N0 2 in 1971, setting both a primary standard to protect health and a secondary standard to protect public welfare at 1

# uo micrograms per cubic meter (1Jg/m3) (53 parts per billion (ppb)}, averaged annually. This standard was reviewed by U.S. EPA in 1985 and 1996 and was retained. U.S. EPAthen determined that the 1971 primary annual average N02 standard of53 ppb alone was not sufficientto protect public health with an adequate margin ofsafety. Subsequently, U.S. EPA strengthened the NAAQS for N02, to increase protection of public health, by adding a one-hour N0 2 standard at 100 ppb and retaining the annual average N02 standard at 53 ppb on February 9, 2010, at 75 FK 6474. The form used to determine ifan area meets the stanaard is the three year average ofthe ninety-eighth percentile ofthe annual distribution ofdaily maximum one-hour average concentrations. In this rulemaking, IDEM is proposing to amend 326 lAC 1-3-4 to incorporate portions of40 CFR 50.11 to update its references to the national primary and secondary ambient air quality standards for oxides of nitrogen (with nitrogen dioxide as the indicator). By incorporating these federal regulations, this rulemaking helps to ensure that state rules are consistent with federal rules. U.S. EPA issued a revised primary NAAQS for sulfur dioxide (S02) in the June 22, 2010, Federal Register published at 75 FR 35520. S02 belongs to a group of highly reactive gases known as sulfur oxides. S02 is used as the indicatorfor the larger group ofgaseous sulfur oxides. The largest sources ofSO emissions are from fossil fuel combustion at power plants and other industrial facilities. Smaller sources of

# S02 emissions include industrial processes, such as extracting metal from ore, and the burning ofhigh sulfur containing fuels by locomotives, large ships, and nonroad equipment. U.S. EPAfirst established standards for SO in 1971, setting a 24 hour primary standard at 0.14 parts per million (ppm) and an annual average standard af0.03 ppm (30 ppb) to protect health. U.S. EPA also set a three hour average secondary standard at 0.5 ppm (500 ppb) to protect publicwelfare. This standard was last reviewed by U.S. EPA in 1996 and was retained. U.S. EPA then determined that the 1971 24 hourand annual primary standards were not sufficient to protect public health with an adequate margin ofsafety. Subsequently, U.S. EPA strengthened the NAAQS for S02 by establishing a new one-hour standard at a level of75 ppb on June 22, 2010, at 75 FR 35520, to reduce exposure to high short-term (five minutes to 24 hours) concentrations ofS02. U.S. EPA revoked the two existing primary standards of 140 ppb evaluated over 24 hours and 30 ppb evaluated over a year because they did not supplement protection ofpublic health given a one-hour standard of75 ppb. The form used to determine ifan area meets the standard is the three year average ofthe ninety-ninth percentile ofthe annual distribution ofdaily maximum one-hour concentrations. The deadline for states to implement monitoring network revisions forthe one-hour standard is January 1, 2013. IDEM is proposing to amend 326 lAC 1-3-4 to incorporate portions of40 CFR 50.5 to update its references to the national secondary ambient air quality standard for sulfur oxides (sulfur dioxide). By incorporating these federal regulations, this rulemaking helps to ensure that state rules are consistentwith federal rules. Particulate matter is the generic term for a broad class ofchemically and physically diverse substances that exist as discrete particles, liquid droplets, orsolids, over a wide range ofsizes. Particles originate from a variety of anthropogenic stationary and mobile sources as well as from natural sources. Particles may be emitted directly or formed in the atmosphere by transformations ofgaseous emissions such as sulfur oxides, nitrogen oxides, and volatile organic compounds. The chemical and physical properties ofparticulate mattervary greatly with time, region, meteorology, and source category, thus complicating the assessment of health and welfare effects. U.S. EPA revised the level ofthe 24 hour standard for particulate matterwith an aerodynamic diameter less than orequal to 2.5 microns (PM2 5), orfine particles, to 35 1Jg/m3 on October 17, 2006, published at 71 FR 61144. The revised standard proviaes increased protection against health effects associated with short-term exposure. In the same action, U.S. EPA retain the annual PM2 5 standard at 15 1Jg/m3

. In this rulemaking, IDEM is proposing to revise the 24 hou·r PM2 5 standard to 35 1Jg/m3 in its rules. Revising the 24 hour PM2 5 standard will ensure consistency with federal regulations. U.S. EPA re'voked the annual secondary standard for particulate matterwith an aerodynamic diameter less than or equal to 10 microns (PM 1 ), or coarse particles, on October 17, 2006, published at 71 FR 61144. U.S. EPA has indicated thatthe availagle evidence does notsuggest an association between long-term exposure to coarse particles at current ambient levels and detrimental health effects. In the same action, U.S. EPA retained the 24 hour PM 10 standard at 150 1Jg/m3 to protect against the health effects associated with short-term exposure to coarse particles. In this rulemaking, IDEM is proposing to remove the annual PM 10 secondary standard from its rules. Removing the annual PM 10 secondary standard from Indiana's rules will ensure consistency with federal

Date: Jan 22,2013 11:51 :53AM EST DIN: 20120912-IR-32612051OFDA Page2Indiana Register regulations and will eliminate unnecessary requirements for regulated sources and IDEM. IDEM is also proposing to add a definition for PM2 5 to its rules concerning attainment status designations at 326 lAC 1-4-1 for purposes ofclarification. · IC 13-14-9-41dentification of Restrictions and Requirements Not Imposed under Federal Law No element ofthe draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed underfederal law. This draft rule imposes no restrictions or requirements because it is a direct adoption offederal requirements that are applicable to Indiana and contains no amendments that have a substantive effect on the scope orapplication ofthe federal rule. Potential Fiscal Impact This rulemaking will remove the annual PM 10 secondary standard from Indiana's rules. This will ensure consistency with federal regulations and will eliminate unnecessary requirements for regulated sources and IDEM. Specifically, applicants for Title V and other designated air permits will be able to discontinue modeling for annual PM 10 as part oftheir air quality analysis. This will save regulated sources and IDEM extra time and cost. Public Participation and Workgroup Information At this time, no workgroup is planned for the rulemaking. Ifyou feel that a workgroup or other informal discussion on the rule is appropriate, please contact Ryan Knapick, Rule and State Implementation Plan Development Section, Office ofAir Quality at (317) 232-8229 or (800) 451-6027 (in Indiana). Small Business Assistance Information IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide a point ofcontact for small businesses affected by environmental regulations. Information on the CT AP program, the monthly CTAP newsletter, and other resources available can be found at: www.in.gov/idem/ctap For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Jessica Faust-Hamblin IDEM Small Business Regulatory Coordinator MC 60-041GCS W041 100 North Senate Avenue Indianapolis, IN 46204-2251 (317) 232-8172 or (800) 988-7901 ctap@idem.in.gov For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC**5~28-17-5** is:

Eric P. Shields Indiana Economic Development Corporation One North Capitol, Suite 700 Indianapolis, IN 46204 (317) 234-3997 smallbizombudsman@iedc.in.gov Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. The Small Business Assistance Program Ombudsman is: Brad Baughn IDEM Small Business Assistance Program Ombudsman MC 50-01 IGCN 1301 100 North Senate Avenue Indianapolis, IN 46204-2251 (317) 234-3386 or (800) 451-6027 bbaughn@idem.in.gov FINDINGS The commissioner of IDEM has prepared findings regarding rulemaking on the ambient air quality standards as required by federal rule. These findings are prepared under IC 13-14-9-8 and are as follows: (1) This rule is the direct adoption offederal requirements that are applicable to Indiana, and it contains no amendments that have a substantive effect on the scope or intended application ofthe federal rule. (2) Indiana is required by federal law to adopt ambient airquality standards as established by the United States Environmental Protection Agency. (3) The environment and persons regulated or otherwise affected by the proposed rule will benefit from prompt adoption ofthis rule because it provides consistency between federal rules and the state rules

Date: Jan 22,201311:51:53AM EST DIN: 20120912-IR-326120510FDA Page 3Indiana Register regarding the ambient air quality standards. (4) I have determined that, underthe specific circumstances pertaining to this rule, there would be no reasonably anticipated benefit to the environment or to persons regulated or otherwise affected bythe proposed rule from the first or second public written comment period under IC 13-14-9-3 or IC 13-14-9-4, or from the first public hearing under IC 13-14-9-5(a)(1). (5) The draft rule is hereby incorporated into these findings. Thomas W. Easterly Commissioner Indiana Department of Environmental Management REQUEST FOR PUBLIC COMMENTS This notice requests the submission ofcomments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one ofthe following ways: (1) By mail orcommon carrier to the following address:

LSA Document #12-510 2012 NAAQS Update Ryan Knapick Mail Code 61-50 Rule and State Implementation Plan Development Section Office ofAir Quality Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204-2251 (2) By facsimile to (317) 233-5967. Please confirm the timely receipt offaxed comments by calling the Rule and State Implementation Plan Development Section at (317) 234-6530. (3) By electronic mail to rknapick@idem.in.gov. To confirm timely delivery ofsubmitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part ofthe official written comment period unless they are sent to the email address indicated in this notice. (4) Hand delivered to the receptionist on duty at the tenth floor reception desk, Office ofAir Quality, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana. Regardless ofthe delivery method used, in orderto properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number ofthe rulemaking. COMMENT PERIOD DEADLINE All comments must be postmarked, faxed, ortime stamped no laterthan October 12, 2012. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. Additional information regarding this action may be obtained from Ryan Knapick, Rule and State Implementation Plan Development Section, Office ofAir Quality, (317) 232-8229 or (800) 451-6027 (in Indiana). DRAFT RULE SECTION 1. 3261AC 1-3-41S AMENDED TO READ AS FOLLOWS: 326 lAC 1-3-4 Ambient air quality standards Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17

Sec. 4. (a) All measurements ofair quality that are expressed as mass per unit volume, otherthan for the particulate matter (PM ) standards contained in subsection (b)(8) and lead (Pb) standards contained in subsection (b)(6), shalf-Be corrected to a reference temperature oftwenty-five (25) degrees Celsius and a reference pressure ofseven hundred sixty (760) millimeters ofmercury (one thousand thirteen and two-tenths (1,013.2) millibars), as micrograms per cubic meter (IJglm\ Measurements of PM2 5, for purposes ofcomparison to the standards contained in subsection (b)(8), and Pb, for purposes of comparison to the standards contained in subsection (b)(6), shall be reported based on actual ambient airvolume measured atthe actual ambient temperature and pressure atthe monitoring site during the measurement period. (b) Ambient air quality standards are as follows: Date: Jan 22,2013 11:51:53AM EST DIN: 20120912-IR-326120510FDA Page 4

### Indiana Register (1) Sulfur oxides as sulfur dioxide (SO ) requirements are as follows:

.

(A) For the primary one (1) hour am6ient air quality standard, the maximum permissible ambient air quality level shall be seventy-five (75) parts per billion (ppb). The one (1) hour standard is attained when the three (3) year average ofthe annual ninety-ninth percentile ofthe daily maximum one (1) hour average concentration is less than or equal to seventy-five (75) ppb, as determined in accordance with 40 CFR 50, Appendix T* added at 7§ FR 3§§9§ 3§§97, and measured in the ambient airas SO by a reference method based on 40 GFR §0, Appendi>E /\*,redesignated /\ppendi>E /\ 2 at 7§ FR 3§§9§ orAppendix A 1*, added at 7§ FR 3§593 35§95, 40 CFR 50, Appendix A-1* or40 CFR 50, Appendix A-2*, or an equivalent method designated in accordance with 40 CFR 53*. as arnended at 75 FR 35597 35e01. (B) For the secondary standard, the following value shall represent the maximum permissible ambient air quality level: one thousand three hundred (1,300) 1-19lm3 

### (five-tenths (0.5) ppm) maximum three (3) hour concentration not to be exceeded more than once per year. The three (3) hour averages shall be determined from successive nonoverlapping three (3) hour blocks starting at midnight each calendar day and shall be rounded to one (1) decimal place (fractional parts equal to or greaterthan five-hundredths (0.05) ppm shall be rounded up). Sulfuroxides shall be measured in the ambient air as 502 

### bythe reference method described in 40 CFR 50, AppendixA-1* or40 CFR 50, Appendix A-2*, or by an equivalent method designated in accordancewith 40 CFR 53*. To demonstrate attainment, the second-highestthree (3) houraverage must be based upon hourly data that are at least seventy-five percent (75%) complete in each calendar quarter. A three (3) hour block average shall be considered valid if:

(i) all three (3) hourly averages forthe three (3) hour period are available; or (ii) only one (1) ortwo (2) hourly averages are available, butthe three (3) houraverage would exceed the level ofthe standard when zeros are substituted forthe missing values, subjectto the · rounding rule ofthis clause. In all cases, the three (3) hour block average shall be computed as the sum ofthe hourlyaverages divided bythree (3). (C) S02 

### values may be converted to ppm using the conversion factortwo thousand six hundred twenty (2,620) 1-19lm3

# =one (1) ppm. (2) Total suspended particulates {TSP) requirements are as follows:

(A) For primary standards, the following values shall represent the maximum permissible ambient airquality levels:

(i) Seventy-five (75) 1-1glm3 

### annual geometric mean. (ii) Two hundred sixty (260) 1-1glm3 

### maximum twenty-four (24) hour average concentration not to be exceeded more than one (1) day per year. (B) For secondary standards, the following value shall represent maximum permissible ambient air quality levels: one hundred fifty (150) 1-19lm3 

### maximum twenty-four (24) hour average concentration not to be exceeded more than one (1) day peryear. (3) Carbon monoxide (CO) requirements are as follows:

(A) For primary and secondary standards, the following values shall represent the maximum permissible ambient air quality levels:

(i) Ten (10) milligrams per cubic meter (mglm3) 

### (ten thousand (1 0,000) 1-1glm3) 

### (nine (9) ppm) maximum eight (8) hour avera:fle concentration not to be exceeded more than once per year. (ii) Forty (40) 

### mglm (forty thousand (40,000) 1-1glm3) 

### {thirty-five {35) ppm) maximum one (1) hour average concentration not to be exceeded more than once peryear. (B) CO values may be converted to ppm using the conversion factor one thousand one hundred forty-five (1,145) !-191m3 

# =one (1) ppm. · (4) Ozone (03) 

### requirements are as follows: ·

(A) Forthe one (1) hour ozone standards, the level ofthe one (1) hour primary and secondary ambient air quality standards for ozone measured by a reference method based on 40 CFR 50, AppendixD* and designated in accordance with 40 CFR 53* is twelve-hundredths {0.12) ppm (two hundred thirty-five (235) 1-1glm\ The standard is attained when the expected number ofdays per calendar yearwith maximum hourly average concentrations above twelve-hundredths (0.12) ppm (two hundred thirty-five (235) 1-1glm3) 

### is equal to or less than one (1) as determined by 40 CFR 50, Appendix H*. (B) Forthe eight (8) hour ozone standards, the:

(i) level ofthe eight (8) hour primary and secondary ambient air quality standards for ozone, measured by a reference method based on 40 CFR 50, Appendix D* and designated in accordance with 40 CFR 53*, is eight-hundredths (0.08) ppm, daily maximum eight (8) hour average; and (ii) eight (8) hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the average ofthe annual fourth highest daily maximum eight (8) houraverage ozone concentration is less than or equal to eight-hundredths (0.08) ppm as determined in accordance with 40 CFR 50, Appendix 1*.

Date: Jan 22,201311:51:53AM EST DIN: 20120912-IR-326120510FDA Page 5Indiana Register (C) 0 3 values may be converted to ppm using the conversion factor one thousand nine hundred sixty-five (1,96o) 1Jg/m3 = 1.0 ppm. (5) Nitrogen dioxide (N02) requirements are as follows:

. ·

(A) Forthe primary one (1) hour ambient air quality standard, the maximum permissible ambient air quality level shall be one hundred (1 00) ppb, one (1) houraverage concentration, measured in the ambient air as N02. The one (1) hourstandard is attained when the three (3) year average ofthe annual ninety-eighth percentile ofthe daily maximum one (1) houraverage concentration is less than or equal to one hundred (1 00) ppb, as determined in accordance with 40 CFR 50, Appendix S*. added at 75 

### FR 6532 @§34.:. (B) Forthe annual primary and secondary standards, standard, the following value shall represent the maximum permissible ambient airquality level: one hundred (100) 1Jg/m3 (fifty-three thousandths (0.053) ppm) annual arithmetic mean average concentration in a calendaryear. The annual primary standard is attained when the annual average concentration in a calendaryear is less than or equal to fifty-three (53) ppb, as determined in accordance with 40 CFR 50, Appendix S* forthe annual standard. (C) Forthe annual secondary standard, the following value shall represent the maximum permissible ambient air quality level: one hundred (100) 1Jg/m3 (fifty-three thousandths (0.053) ppm) annual arithmetic mean concentration in a calendaryear. The secondary standard is attained when the annual arithmetic mean concentration in a calendaryear is less than orequal to fifty-three thousandths (0.053) ppm, rounded to three (3) decimal places (fractional parts equal to or greater than five ten-thousandths (0.0005) ppm must be rounded up). To demonstrate attainment, an annual mean must be based upon hourly data that are at least seventy-five percent (75%) complete or upon data derived from manual methods that are at least seventy-five percent (75%) complete for the scheduled sampling days in each calendar quarter. 

### fG1 

### (D) N0 2 values may be converted to ppm using the conversion factor one thousand eight hundred eighty (1,880) 1Jgtm3 =one (1) ppm. (E) The levels ofthe standards shall be measured by:

(i) a reference based on 40 CFR 50, Appendix F*; or (ii) an equivalent method designated in accordance with 40 CFR 53*. (6) Pb: For primary and secondary standards, the following value shall represent the maximum permissible ambient air quality level: fifteen-hundredths (0.15) 1Jg/m3

, arithmetic mean concentration over a three (3) month period. The standards are attained when the maximum arithmeticthree (3) month mean concentration for a three (3) year period is less than or equal to fifteenth-hundredths (0.15) 1Jg/m3

, as determined in accordance with 40 CFR 50, Appendix R* and measured in the ambient air as Pb by either:

(A) a reference method based on 40 CFR 50, Appendix G*, and designated in accordance with 40 CFR 53*; or (B) an equivalent method designated in accordance with 40 CFR 53*. (7) PM 10: For primary and secondary standards, the follmving values shall represent the maximum permissible ambient air quality

### levels:- level is (A) Fifty (50) IJg/ma-annual arithmetic mean. The standards are attained '#hen the mepected annual arithmetic mean concentration, as determined in accordance with**~0** GFR 50, Appendi>c 1<*, is less than or equal to fifty (50)

### iJglm~~ 

## fB1 one hundred fifty (150) 1Jg/m3 maximum twenty-four (24) hour average concentration. The standards are attained when the expected number ofdays per calendaryearwith a**twenty~four** (24) houraverage concentration above one hundred fifty (150) 1Jg/m3

, as determined in accordance with 40 CFR 50, Appendix K,* is equal to or less than one (1). (8) PM2 5: For primary and secondary standards, the following values shall represent the maximum permissiole ambient air quality levels:

(A) Fifteen (15) micrograms per cubic meter (1Jg/m3) annual arithmetic mean concentration. The standards are attained when the annual arithmetic mean concentration is less than or equal to fifteen (15) 1Jg/m3

, as determined in accordance with 40 CFR 50, Appendix N* and measured in the ambient air as PM2 5 by either: ·

(i) a reference method based on 40 CFR 50, Appendix L*, and designated in accordance with 40 CFR 53*; or (ii) an equivalent method designated in accordance with 40 CFR 53*. (B) Si>cty five (65) Thirty-five (35) 1Jg/m3 twenty-four (24) hour average concentration. The standards are attained when the ninety-eighth percentile twenty-four (24) hour concentration is less than orequal to si>cty five (65) thirty-five (35) micrograms per cubic meter (IJglm\ as determined in accordance with 40 CFR 50, Appendix N* and measured in the ambient air as PM2 5 by either:

(i) a reference method based on 40 CFR 50, Appendix L*, ana designated in accordance of40 CFR 53*; or (ii) an equivalent method designated in accordance with 40 CFR 53*.

Date: Jan 22,2013 11:51:53AM EST DIN: 20120912-IR-326120510FDA Page 6Indiana Register *These documents are incorporated by reference. Copies may be obtained from the GovernmentPrinting Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 3261AC 1-3-4; filedMar 10, 1988, 1:20p.m.: 111R 2378; filedApr 13, 1988, 3:35 p.m.: 111R 3020; readopted filedJan 10, 2001, 3:20p.m.: 241R 1477; filed May21, 

### 2002, 10:20 a.m.: 251R 3055; filed Mar9, 2004, 3:45p.m.: 

### 27 IR 2224; filed Dec 

### 20, 2004, 2:15p.m.: 

### 28 IR 1471; filed Mar6, 2006, 3:00 p.m.: 291R 2179; filed Sep 24, 2010, 1:44p.m.: 20101020-IR-326100127FRA; filed Feb 9, 2011, 10:29 a.m.: 20110309-IR-326100495FRA)

SECTION 2. 3261AC 1-4-1 IS AMENDED TO READ AS FOLLOWS: Rule 4. Attainment Status Designations

326 lAC 1-4-1 Definitions Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17

Sec. 1. The following definitions apply throughout this rule: (1) "SOi(" means sulfur dioxide. (2) "CO means carbon monoxide. (3) "0 " means ozone. (4) "Pf01 1

### R" has the meaning set forth in 326 lAC 1-2-52.4. (5) "N0,2 means nitrogen dimddes. dioxide. (6) "Pb' means lead. (7) "PM2.5" has the meaning set forth in 326 lAC 1-2-52.2. (AirPollution ControlBoard; 3261AC 1-4-1; filed Mar 10, 1988, 1:20p.m.: 111R 2379; filedAug 9, 1991, 11:00 a.m.: 141R 2218; filed Dec 30, 1992, 9:00a.m.: 161R 1382; filedApr 18, 1995, 3:00p.m.: 181R 

### 2220; filed Oct 

### 22, 1997, 8:45a.m.: 21 IR 932; filedApr 17, 1998, 9:00a.m.: 211R 3342; filedApr29, 1998, 3:15p.m.: 211R 3341; filed May21, 

### 2002, 10:20 a.m.: 251R 3056; filed Nov 15, 

### 2002, 11:17a.m.: 261R 1077; filed Dec 1, 2003, 10:00 a.m.: 271R 1167; filed Nov 12, 2004, 12:15p.m.: 281R 1182; filed Sep 26, 2006, 10:03 a.m.: 20061025-IR-326060018FRA; filed Sep 13, 

### 2007, 1:57p.m.: 20071010-IR-326070024FRA; filed Dec 26, 

### 2007, 1:43p.m.: 20080123-IR-326070308FRA)

Notice of Public Hearing

Posted: 09/1212012 byLegislative ServicesAgency An html version ofthis document.

Date: Jan 22,2013 11:51:53AM EST DIN: 20120912-IR-326120510FDA Page 7Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD

Notice ofPublic Hearing Notice of Public Hearing LSA Document #12-510

UnderJC 4-22-2-24, JC 13-14-B-6, andJC 13-14-9, notice is herebygiven that on November

### 7, 2012, at 1:00 p.m., at the Indiana Government CenterSouth, 302 West Washington Street, Conference CenterRoom 

### C, Indianapolis, Indiana, the AirPollution ControlBoard will holda public hearing on amendments to Indiana's rules at326 JAG 1-3-4 concerning the national ambientairqualitystandards fornitrogen dioxide, sulfurdioxide, particulate matterwith an aerodynamic diameterless than orequal to 2.5 microns, andparticulate matter with an aerodynamic diameterJess than orequal to 10 microns and 326 JAG 1-4-1 to adda definition forparticulate matterwith an aerodynamic diameterJess than orequal to 2.5 microns. The purpose ofthis hearing is to receive comments from the publicpriorto finaladoption ofthese rules by the board. Allinterestedpersons are invited and will be given reasonable opportunityto express their view concerning the proposedamendments. Oralstatements will be heard, but, for the accuracyofthe record, all comments shouldbe submittedin writing. Additionalinformation regarding this action maybe obtained from Ryan Knapick, Rule and State Implementation Plan Development Section, Office ofAir Quality, (317) 232-B229 or(BOO) 451-6027 (in Indiana). Individuals requiring reasonable accommodations forparticipation in this eventshould contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Actcoordinatorat: Attn:ADA Coordinator Indiana Department ofEnvironmental Management 100 North Senate Avenue Indianapolis, IN 46204-2251 orcall (317) 233-17B5 (V). Speech andhearing impaired callers maycontact IDEM via the Indiana Relay Service (711) or(BOO) 

### 743-3333. Please provide a minimum of72 hours notification. Copies ofthese rules are nowon file at the Office of Air Quality, Indiana Department ofEnvironmental Management, Indiana Government CenterNorth, 100 North Senate Avenue, Tenth FloorEastandLegislative ServicesAgency, Indiana Government CenterNorth, 100 North Senate Avenue, Room N201, Indianapolis, Indiana andare open forpublic inspection. Scott Deloney, Chief Air Programs Branch Office ofAir Quality

Posted: 09/1212012 byLegislative ServicesAgency An html version ofthis document.

Date: Jan 22,2013 11 :52:03AM EST DIN: 20120912-IR-326120510PHA Page 1

# (

( 

## INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOurEnvironment. MitchellE. DanielsJr. Governor 

### Thomas 

### W. Easterly Commissioner



### October25, 2012



## CERTIFICATEOFPUBLICATION 100 North Senate Avenue Indianapolis, Indiana 46204 (317) 232-8603 Toll Free (800) 451-6027 www.idem.IN.gov



### This is to certifythatthe IndianaDepartmentofEnvironmentalManagement (IDEM) Noticeof PublicHearingsregardingthe following rulemaking actions:

• Adoption, Ozone DesignationsEmergencyRule • Adoption,National AmbientAir Quality Standards (NAAQS)Updates, LSA#12-510 • Final Adoption, SolventDegreasing Operations, LSA#07-352 • FinalAdoption, Lead StandardAttainment, LSA#11-77 4

waspublishedonIDEM'sweb site on October 5, 2012. It

### remainedposted onthe siteuntil atleast November7, 2012. Thenotice infull maybefound atthe following web address, underthe "Statewide" category. http://www.in.gov/idem/5474.htm Webpublication ofthenotice was attherequest ofScottDeloney, BranchChief, Programs Branch, OfficeofAir Quality, IDEM.

Attachments: By:

MikeFinklestein IDEMWebmaster

( Copy ofwebpage as published.

RecycledPaper 

### @ AnEqual OpportunityEmployer PleaseRecycle 

## 0Statewide

## 1 2 3 4 5 6 7 8 9 10 11 12**~·** 

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

-·

-

## ··~ 

## BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF NOVEMBER 7 1 

## 2012 

# ORtGlNAL

PROCEEDINGS before the Indiana Air Pollution Control Board 1 

## Dr. James Miner 1 

## Chairman 1 

## taken before me 1 

## Lindy L. Meyer 1 

## Jr. 1 

## a Notary Public in and for the State of Indiana 1 

## County of**She~by/** 

## at the Indiana Government Center South 1 

## Conference Center 1 

## Room C 1 

## 402 West Washington Street 1 

## Indianapolis 1 

## Indiana 1 

## on Wednesday 1 

## November 7 1 

## 2012 .at 1:03 o'clock p.m.

William F. Daniels 1 

## RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 12922 Brighton Avenue Carmel 1 

## Indiana 46032 (317) 848-0088 1

## 1 APPEARANCES: 2 BOARD MEMBERS: 3 Dr. James Miner, M.D., Chairman Thomas Anderson 4 Randy Staley Dr. Phil Stevens 5 Chris Horn Jeffery L. Quyle 6 Mike Mettler, Proxy, State Board of ·Health 7 John Bacone, Proxy, Department of Natural Resources 8 Megan Ottesen, Proxy, Lieutenant Governor 9 Pamela Fisher, Proxy, Indiana Economic Development Corporation 10 

## 11 IDEM STAFF MEMBERS: 12 Keith Baugues, Asst. Commissioner Roger Letterman, Dep. Asst. Commissioner 13 Scott Deloney Chris Pedersen 14 Ryan Knapick Susan Bern 15 Nancy King Catherine Mitchell 16 

## 17 PUBLIC SPEAKERS: 18 Guinn Doyle Bob Kelsey 19 20 

## 21 22 23 

### 2

I 

# \_

<' 

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

## and I vote yes. The Board has voted to approve adoption of the emergency rule**t~mporarily** 

## amending 326 

## IAC 1-4. 27



## The next item on our agenda is a public hearing before the Air Pollution Control Board of the State of Indiana regarding adoption of amendments, 326 

## IAC**l-3~4** 

## and 326 

## IAC 1-4-1 

## concerning updates to the National Ambient Air Quality Standards. We will now introduce Exhibit 2 thank you -- the draft rule, into the record of this hearing. Ryan, you're on the agenda again, it looks like. MR. KNAPICK: Yes. This rulemaking amends Indiana's rules at 326 

## IAC 1-3-4 

## to update references to the National Ambient Air Quality Standards, or NAAQS, for nitrogen dioxide, sulfur dioxide, PM2 . 5 

## and PMlo. 

## IDEM is now proposing to incorporate portions of 40 

## CFR 50.11 

## and 40 

## CFR 50.5 

## to update references to the NAAQS for N0 2 

## and S0 2 ,

### 28



## 1 respectively. 2 

## IDEM is also proposing to revise and 3 update the 24-hour PM2 . 5 

## standard to 35 micrograms 4 per cubic meter. 5 This rulemaking will remove the annual PM10 

## 6 secondary standard from Indiana's rules to be 7 

## consistent with federal regulations and will 8 

## eliminate unnecessary requirements for regulated 9 

## sources and IDEM. 10 Specifically, applicants for Title 

## V and i1 other designated air permits will be able to 12 discontinue modeling for annual PM 10 

## as part of 13 their air quality analysis. This will save 14 regulated sources and IDEM extra time and cost. 15 Together, these revisions will ensure consistency 16 with the NAAQS. 17 

## And lastly, IDEM is also amending 18 19 

## 326 IAC 1-4-1 to add a definition for PM2 . 5 • 

## I now

# request~hat the Board adopt this 20 rule as presented. 21 CHAIRMAN MINER: Thank you, Ryan. 22 

## At present I do not have any cards from 23 the audience that wish to discuss this rule. Is 

# (

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

## 29

there anyone present who has not submitted a card who wishes to speak at this time? (No response.) CHAIRMAN MINER: Seeing none, this hearing is now concluded. We are now ready for Board action on adoption of amendments, 326 IAC 1-3-4 and 326 IAC 1-4-1 concerning updates for the National Ambient Air Quality Standards. Is there any discussion from the Board at this time regarding this rule? MR. ANDERSON: Move for final adoption. CHAIRMAN MINER: I have a motion from Mr. Anderson. DR. STEVENS: Second. CHAIRMAN MINER: And a second from Dr. Stevens. I will do a roll-call vote. Mr. Mettler? MR. METTLER: Yes. CHAIRMAN MINER: Mr. Mettler votes yes. Mr. Bacone? MR. BACONE: Yes.

### 30 

### \ 1 

## CHAIRMAN MINER: Mr. Bacone votes 2 

## yes. 3 

## Ms. Fisher? 4 

## MS. FISHER: Yes. 5 

## CHAIRMAN MINER: Ms. Fisher votes 6 

## yes. 7 

## Mr. Anderson? 8 

## MR. ANDERSON: Yes. 9 

## CHAIRMAN MINER: Mr. Anderson votes 10 

## yes. 11 

## Ms. Ottesen? 12 

## MS. OTTESEN: Yes. \ 

### 13 

## CHAIRMAN MINER: Ms. Ottesen votes 14 

## yes. 15 

## Mr. Horn? 16 

## MR. HORN: Yes. 17 

## CHAIRMAN MINER: Mr. Horn votes yes. 18 

## Mr. Staley? 19 

## MR. STALEY: Yes. 20 

## CHAIRMAN MINER: Mr. Staley votes 21 

## yes. 22 

## Dr. Stevens? 23 

## DR. STEVENS: Yes. (

### 31



## CHAIRMAN MINER: Mr. Quyle? MR. QUYLE: Yes. CHAIRMAN MINER: Mr. Quyle votes yes. 1 2 3 

### 4 

## I votes yes as well. It's passed unanimously for 5 adoption of amendments, 326 

## IAC**1-3~4** 

## and 6 IAC 1-4-1. 

## 7 The next item on our agenda is a**p~blic** 

## 8 hearing before the Air Pollution Control Board of 9 the State of Indiana regarding final adoption of 10 

## amendments, 326 

## IAC 1-2-18-5 

## concerning the 11 definition of "cold clean degreaser" and 12 

## amendments to 326 

## IAC 8-3 

## concerning solvent 13 

## degreasing operations. 14 

## We will now introduce Exhibit 3

-- thank 15 

## you -- the proposed rule as preliminarily 16 

## adopted, into the record of this hearing. 17 18 19 

## Is there someone from the Department who wishes to speak? Susan. MS. BEM: My name is Susan Bern, and I 20 

## work in the Rules and SIP Section. 21 

## This rulemaking amends 326 

## IAC 8-3 

## to 22 extend the solvent requirements for cold cleaner 23 

## degreasers to the entire state, provide certain

### 58

1 

## CERTIFICATE 2 I, Lindy L. Meyer, Jr., the undersigned 3 Court Reporter and Notary Public residing in the 4 City of Shelbyville, Shelby County, Indiana, do 5 hereby certify that the foregoing is a true and 6 correct transcript of ·the proceedings taken by me 7 on Wednesday, November 7, 2012 in this matter and 8 

## transcribed by me. 9 

## 10 11 

## Lindy L. Meyer, JrP? 12 Notary Public in and 

# ( 13 

## for the State of Indiana. 14 

## 15 My Commission expires October 27, 2016. 16 17 18 19 

## 20 21 22 23