INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

Mitchell E. Daniels Jr. 100 North Senate Avenue

Governor Indianapolis. Indiana 46204

(317) 232-8603

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

Commissioner www.idem.lN.gov

December 12, 2011

Susan Hedman

Regional Administrator

U.S. EPA, Region 5

77 West Jackson Boulevard

Chicago, Illinois 60604

Re: Indiana Infrastructure (Sections 110 (a)(1)

and (a)(2» State Implementation Plan Submittal

Dear Ms. Hedman:

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

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

ambient air quality standards, run a complete new source review program, and effectively

enforce all applicable requirements of Section 110 of the Clean Air Act (CAA).

Specifically, the Indiana Department of Environmental Management (IDEM) can

implement and satisfactorily complete the Section 110 requirements listed in the attached

document. IDEM satisfies these requirements for the current and any future air quality

standards, including the 2008 Lead National Ambient Air Quality Standard (NAAQS) and

the 2008 Ozone NAAQS.

I believe that IDEM meets or exceeds all of the necessary infrastructure needs,

enabling us to continue to satisfy these requirements of the Clean Air Act. If you have

any questions feel free to contact Mr. Scott Deloney, Chief, Air Programs Branch at (317)

233-5694. .

Sincerely,

p SCVA-~~

Keith Baugues

Assistant Commissioner

Office of Air Quality

KB/rk

Recycled Paper*

An Equal Opportunity Employer Please Recycle \)
Ms. Susan Hedman

Page 2

cc: Steve Rosenthal

Scott Deloney

Christine Pedersen

SIP file

Attachments: Indiana Infrastructure SIP Submittal; Section 11 0(a)(1) and (a)(2)

Elements
Indiana Infrastructure (Sections 110(a)(1) and (a)(2)) State Implementation Plan

Submittali 2008 Lead NAAQS and 2008 Ozone NAAQS

December 2011

Indiana's Infrastructure State Implementation Plan (SIP) submittal was developed

in consultation with U.S. EPA Region 5, and in accordance with 40 CFR 51, Appendix

V, "Criteria for Determining the Completeness of Plan Submissions." The SIP elements

listed below are required under Section 11 0(a)(2). Section 11 0(a)(1) provides the

procedural and timing requirements for SIPs. Section 110(a)(2) lists the basic or

"infrastructure" elements that all SIPs must contain. Following each Section 11 0(a)(2)

element is IDEM's discussion of the department's ability to fulfill the requirement.

Indiana Infrastructure SIP Submittal; Section 11 0(a)(2) Elements

Section 110(a)(2)(A)-Emission Limits and Other Control Measures: Section

110(a)(2)(A) requires SIPs to include enforceable emission limits and other control

measures, means or techniques, as well as schedules and timetables for compliance.

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

necessary to meet the NAAQS. The authority to adopt emission standards and

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

13-17-3-11, and IC 13-17-3-14.

In order to ensure the attainment and maintenance of the 2008 Lead NAAQS,

IDEM establishes limitations on lead emissions from specific stationary sources

in Indiana in accordance with the rules at 326 lAC 15 and 326 lAC 20-13.

U.S. EPA has designated a small portion of Delaware County in east central

Indiana as nonattainment for the 2008 Lead NAAQS (75 FR 71033). Lead

emissions in this area are generated primarily from a single source. As of

October 20,2009, this source had entered into an agreed order with IDEM to

implement more stringent control measures for fugitive lead emissions. This

source also agreed to upgrade other prevention and control measures.

IDEM sets standards for the owners or operators of permitted facilities during

startup, shutdown, and malfunction events in accordance with the rules at 326

lAC 1-6, 326 lAC 2-5.1, and 326 lAC 2-6.1.

Section 110(a)(2)(B)-Ambient Air Quality Monitoring/Data System: Section

110(a)(2)(B) requires SIPs to include provisions to provide for the establishment and

operation of appropriate devices, methods, systems, and procedures necessary to

monitor, compile, and analyze data on ambient air quality, and upon request, make

such data available to U.S. EPA.

In October 2006, U.S. EPA issued final regulations concerning state and local

agency ambient air monitoring networks. These regulations require states to

submit an annual monitoring network review to U.S. EPA. This network plan is

required to provide the framework for establishment and maintenance of an air

quality surveillance system and to list any changes that are proposed to take

place to the current network during the 2011 season.

1
In accordance with its SIP, IDEM operates an ambient air monitoring network.

The data is used to determine compliance with U.S. EPA's NAAQS. Indiana's

2011 Ambient Air Monitoring Annual Network Plan documents the framework for

establishment and maintenance of Indiana's air quality surveillance system and

lists any changes that are proposed to take place to the current network during

2011. U.S. EPA approved Indiana's 2011 Ambient Air Monitoring Annual

Network Plan on October 29,2010.

Section 110(a)(2)(C)-Programs for Enforcement, Prevention of Significant

Deterioration (PSD), and New Source Review (NSR): Section 11O(a)(2)(C) requires

SIPs to include a program to provide for the enforcement of emission limits and other

control measures, and regulation of the modification and construction of any stationary

source within the areas covered by the plan as necessary to assure that the NAAQS are

achieved, including a permit program.

IDEM maintains an enforcement program to ensure compliance with SIP

requirements. IC 13-14-1-12 provides the Commissioner with the authority to

enforce rules "consistent with the purposes of the air pollution control laws." The

Commissioner also has the authority, under IC 13-14-2-7 and IC 13-17-3-3, to

assess civil penalties and obtain compliance with any applicable rule a board has

adopted in order to enforce air pollution control laws. Additionally, IC 13-14-10-2

allows for an emergency restraining order that will prevent "any person causing

or contributing to the alleged pollution to stop the... introduction of contaminants

causing or contributing to the pollution."

IDEM implements its PSD permit program and ensures that the construction and

modification of major stationary sources do not cause or contribute to a violation

of the lead NAAQS in accordance with the rules found at 326 lAC 2-2.

IDEM intends to codify NOx as a precursor for ozone in accordance with U.S.

EPA's Phase 2 Implementation Rule (73 FR 71612), found at LSA Document

#11-251.

IDEM ensures that new or modified sources will apply the Best Available Control

Technology (BACT) to reduce lead emissions in accordance with the rules found

at 326 lAC 2-2-3.

IDEM has adopted U.S. EPA's Greenhouse Gas (GHG) Tailoring Rule at 326

lAC 2-2. U.S. EPA approved Indiana's GHG PSD rules in the Indiana SIP on

September 28, 2011 (76 FR 59899).

Section 110(a)(2)(D)-lnterstate Transport Provisions: Section 110(a)(2)(D) requires

SIPs to include provisions prohibiting any source or other type of emissions activity

within the state from emitting any air pollutant in amounts which will contribute

significantly to nonattainment in, or interfere with maintenance by, any other state with

2
respect to any national primary or secondary ambient air quality standard, or interfere

with measures required to be included in the applicable implementation plan for any

other state to prevent significant deterioration of air quality or to protect visibility.

To satisfy the requirements of Section 110(a)(2)(D)(i)(1), IDEM is in the process

of promulgating rules that implement the Cross-State Air Pollution Rule. As of

July 2011, U.S. EPA has promulgated Federal Implementation Plans (FIPs) for

the state of Indiana that address the requirements of Section 110(a)(2)(D) with

respect to the 1997 Ozone NMOS, 1997 PM2.5 NMOS, and 2006 PM2.5

NMOS.

U.S. EPA has designated a small portion of Delaware County in east central

Indiana as nonattainment for the 2008 Lead NMOS (75 FR 71033). This area is

approximately 30 miles from the Indiana-Ohio state line. Due to its distance from

the Indiana-Ohio state line and the physical characteristics of lead emissions, it is

not anticipated that lead emissions from this area will contribute significantly to

nonattainment or interfere with maintenance in Ohio. No other lead emission

source in Indiana exceeds the emission threshold set in U.S. EPA's guidance for

this submittal, and these sources are not anticipated to contribute to

nonattainment or interfere with maintenance in the bordering states.

In order to ensure the attainment and maintenance of the 2008 Lead NMOS,

IDEM has limitations on lead emissions from specific stationary sources in

Indiana in its rules at 326 lAC 15 and 326 lAC 20-13.

Indiana's SIP-approved PSD rules are found at 326 lAC 2-2, and it is IDEM's

intention that these rules satisfy the requirements of Section 11 0(a)(2)(C), as well

as the applicable requirements of Section 11 0(a)(2)(D)(i)(2).

Indiana is subject to the regional haze program which addresses visibilityimpairing pollutants.

Section 110(a)(2)(E)-Adequate Resources: Section 110(a)(2)(E) requires SIPs to

provide necessary assurances that the state will have adequate personnel, funding, and

legal authority under state law to carry out each implementation plan, and to provide

necessary assurances that the state retains responsibility for ensuring adequate

implementation of the SIP where the state relies on a local or regional government for

implementation of any SIP provision.

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

necessary to meet the NMOS. The authority to adopt emission standards and

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

IC 13-17-3-14.

3
In order to ensure the attainment and maintenance of the 2008 Lead NAAQS,

IDEM has limitations on lead emissions from specific stationary sources in

Indiana in its rules at 326 lAC 15 and 326 lAC 20-13.

IDEM's biennial budget and the Performance Partnership Grant (PPG)

agreement document funding and personnel plans for IDEM. As of 2009, IDEM

no longer relies on local or regional governments for implementation of SIP

provisions.

IC 13-17-2-4 and IC 13-17-2-5 contain language similar to the requirements of

Section 128(a)(1) and (2). Members of Indiana's Air Pollution Control Board

represent varying public interests. These members do not derive a significant

portion of their respective incomes from persons subject to permits or

enforcement orders under the CAA. Lastly, members of Indiana's Air Pollution

Control Board are required to fully disclose any potential conflicts of interest

relating to permits or enforcement orders under the CAA.

Section 110(a)(2)(F)-Stationary Source Monitoring System: Section 110(a)(2)(F)

provides that SIPs are to require the installation, maintenance, and replacement of

equipment, and the implementation of other necessary steps by owners or operators of

stationary sources to monitor emissions from stationary sources. Section 110(a)(2)(F)

also provides that SIPs are to require periodic reports on the nature and amounts of

emissions and emissions-related data from the stationary source, and correlation of the

reports by the state agency with any emission limitations or standards established; the

reports shall be available at reasonable times for public inspection.

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

that specify the continuous monitoring of emissions, minimum performance and

operating specifications, quality assurance requirements, record keeping

requirements, source sampling procedures, and fuel sampling and analysis

procedures. Additional emission reporting requirements are found in 326 lAC 2-

6. Emission reports are available upon request by U.S. EPA or other interested

parties.

Section 110(a)(2)(G)-Emergency Episodes: Section 110(a)(2)(G) requires SIPs to

provide authority to address activities causing imminent and substantial endangerment

to public health, welfare, or the environment, and to provide for adequate contingency

plans to implement the emergency episode provisions.

Indiana's rule at 326 lAC 1-5 establishes air pollution episode levels based on

concentrations of criteria pollutants. The rule requires that emergency reduction

plans (ERPs) be submitted to the Commissioner by major air pollution sources.

The ERPs shall state those actions that will be taken when each episode level is

declared, to reduce or eliminate emissions of the appropriate air pollutants.

4
Under IC 13-17-4, Indiana also has the ability to declare an air pollution

emergency and order all persons causing or contributing to the conditions

warranting the air pollution emergency to immediately reduce or discontinue the

emission of air contaminants.

Section 110(a)(2)(H)-Future SIP Revisions: Section 110(a)(2)(H) requires SIPs to

provide for the revision of the plan from time to time as may be necessary to take

account of revisions of a national primary or secondary ambient air quality standard or

the availability of improved or more expeditious methods of attaining the standard, and

whenever U.S. EPA finds on the basis of information that the plan is substantially

inadequate to attain the NAAOS which it implements.

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

necessary to meet the NAAOS. Authority to adopt emissions standards and

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

IC 13-17-3-14.

Section 110(a)(2)(J)-Consultation with Government Officials, Public Notification,

PSD, and Visibility Protection: Section 110(a)(2)(J) requires SIPs to provide a

process for consultation with local governments and Federal Land Managers carrying

out NAAOS implementation requirements, States to notify the public if NAAOS are

exceeded in an area and to enhance public awareness of measures that can be taken

to prevent exceedances, and SIPs to meet applicable requirements of Part C of the

CAA related to PSD and visibility protection.

IDEM actively participates in the regional planning efforts that include state rule

developers, representatives from the Federal Land Managers and other affected

stakeholders. IDEM monitors air quality daily and, when necessary, reports the

daily air quality index to the interested public and media. IDEM participates and

submits information to U.S. EPA's AIRNOW program. Additionally, IDEM

maintains SmogWatch which is an informational tool created by IDEM to share

air quality forecasts each day. SmogWatch provides daily information about

ground-level ozone, particulate matter concentration levels, health information,

and monitoring data for seven regions in Indiana. Indiana's SIP-approved

regional haze/Best Available Retrofit Technology (BART) rules are found in 326

lAC 26. Lastly, Indiana's SIP-approved PSD rules are found in 326 lAC 2-2.

Section 11O(a)(2)(K)-Air Quality Modeling/Data: Section 11O(a)(2)(K) requires SIPs to

provide for the performance of air quality modeling that U.S. EPA may prescribe for the

purpose of predicting the effect on ambient air quality of any emissions of any air

pollutant for which U.S. EPA has established a NAAOS, and, upon request, the

submission of data related to the air quality modeling to U.S. EPA.

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

Indiana's rules regarding air quality monitoring modeling are contained in 326

5
lAC 2-2-4, 326 lAC 2-2-5, 326 lAC 2-2-6, and 326 lAC 2-2-7. Modeling data are

available upon request by U.S. EPA or other interested parties.

Section 110(a)(2)(L)-Permitting Fees: Sections 11 0(a)(2)(L) requires SIPs to require

the owner or operator of each major stationary source to pay to the permitting authority

a fee sufficient to cover the reasonable costs of reviewing and acting upon any

application for a permit, and if the owner or operator received a permit for a source, the

reasonable costs of implementing and enforcing the terms and conditions of any permit,

until the fee requirement is superseded with respect to the sources by U.S. EPA's

approval of a fee program under Title V of the Clean Air Act.

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

major sources to pay permit fees. The authority to establish Title V permit fees

are found at IC 13-17-8. The fees for Title V are at 326 lAC 2-7-19. All fees that

may apply to Title V sources are found at 326 lAC 2-1.1-7, which was amended

in LSA #07-286, adopted on August 3, 2011 and effective December 2011.

Section 110(a)(2)(M)-Consultation/Participation by Affected Local Entities: Section

110(a)(2)(M) requires SIPs to provide for consultation and participation by local political

subdivisions affected by the SIP.

IDEM rulemaking procedures at IC 13-14-9 allow for public participation in the

SIP development process. IDEM also ensures that the requirements of 40 CFR

51.102 are satisfied during the SIP development process.

6
Prescribed by State Board ofAccounts 80315-5877173 General Form No. 99P (Rev. 2009A)

Federal ID# 35-2061385

IND DEPT OF ENVIRONMENTAL MANA To:

MARION COUNTY, INDIANA

PUBLISHER'S CLAIM

INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145.---l

I RECEIVE

NOV 02 2011

State bf llidiana

uepdrtmeflt or ~h\;Jiftihmef1tal "f""1'8hc_IQ"EI!TI,ce,n,tc

--+---- tlffi§@ §f Air Qb!811ty

LINE COUNT

Display Matter - (Must not exceed two actual lines, neither of which sha 1

total more than four solid lines ofthe type in which the body ofthe

advertisement is set). - number of equivalent lines

Head - Number of lines

Body - Number oflines

Tail - Number oflines

Total number of lines in notice

COMPUTATION OF CHARGES

100.0 lines 2.0 columns wide equals 200.0 equivalent lines at .458

cents per line

Additional charge for notices containing rule and figure work (50 per cent

of above amount)

Charges for extra proofs of publication ($1.00 for each proof in excess oftwo)

TOTAL AMOUNT OF CLAIM

$.__~9,-,1,-,-,.6=0

.00

$----,_----"'-'91~.6=0

DATA FOR COMPUTING COST

Width ofsingle column 5.8 ems

Number ofinsertions -L.Q

Size oftype 1

Pursuant to the provisions and penalties ofIC 5-11-10-1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part ofth..; same

has been paid.

I also certify that the printed matter attached hereto is a true copy, ofthe same column width and type size,

which was duly published in said paper 1 times. The dates of publication being between the dates of:

10/28/2011 and 10/28/2011

Additionally, the statement checked below is true and correct:

Newspaper does not have a Web site.

7 Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper

_ Newspaper has a Web site, but due to a technical problem or error, public notice was posted on _

_ Newspaper has a Web site but re~~esto ppst the public~notice.. ,

~~~~_"-_~::i~:::...E::.:..:l=0/::28~/2=0,,-,-11 DATE ~~-=~;.....--.-;/~/_-­

OFF!CE OF AIR QUAUlY

Title: Clerk
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN

Individuals requirinf/ reasonable ace

~~:;~l:tclg{aJ1:ii~c/g~Z,02mJ:,ic~h~~ abilities Act (ADA) coordinator at:

Attn: ADA Coordinator Indiana Department of Environm Management - Mail Code 50-10 100 North Senate Avenue Indianapolis, IN 46204-2251

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

(5 - 10/28/11 - 5877173)

LEGAL NOTICE OF PUBLIC HEARING

Indiana Infrastructure Under Clean Air Act' Sections 110(a)(l) and (a)(2) State

Implementation Plan Submittal· .'./:"1

Notice is hereby given under 40 ·CFR 51.1Q~ that the Indiana Department of Environmetl' tal Management (IDEM) is accepting writtetl comments and providing an opportunity,fRI7 a public hearing regarding the Indiana infra.- structure state implementation plan (SIR> submittal for the 2008 Lead National Ambient Air Quality Standard (NAAQS) and the 200!! Ozone NAAQS. All interested persons areiw' vited and wIll be given reasonable oppo nity to express their views concernmg proposed infrastructure SIP submittal.

The purpose of this notice is to solicit P lie comment on Indiana's proposed in structure SIP submittal. The proposed in structure SIP submittal confirms Indiana. through IDEM, continues to r the resources necessary to evaluate am air quality, develop plans to attain new. existing ambient air Quality standards,r complete new source review program, effectively enforce all applicable r

iments of. s..e.cti.O.ns. 110.. (.a.)..(.l) and. (a)(;.2 ,Clean Air Act (CAA). Section 110(a) l--....idc::I·,·-the'.. 'proc'edura:rand--·timing-:.r Iments for SIPs. Section 110(a)(2) Ii.sts i sic or "infrastructure·' elements that

i::::~~tsc~g~a~~'e 1~~~e~1ti~~~S i~~s¥u quality standards, including the 2008 NAAQS and the 2008 Ozone NAAQS.

Copies of the draft documents available on or before Friday, Octob 2011 to any person upon request at t lowing locations:

• Indiana' Department of Environme

~~ra~ae~;;':r.?~~'f g~~~~~~~~~; North Senate Avenue, lOth FlooreE Wing, Indianapolis Indiana

• JSe~trnaJl~~~p~n~i~~a<;'~~~~I~b Kappes Street, Indianapolis, Indi

The draft documents will also be available on the following web page:

http://www.in.gov/idem/4658.htm

Any person may submit written comme on the proposed Infrastructure SIP submi on or before Friday, December 9, 2011. W ten comments should be directed to R Knapick, Mail Code 61-50, Office of Air ity, Indiana Department of Environm

~n"a~"o~~~T~~\~~~~~~t4~"onra~'1.~v~£fi) 5967; or email at rknapick@idem.i Interested parties may also present or written comments at the public held.

A public hearing on the proposed I ozone infrastructure SIP submittal held if a public hearing request is by Wednesday, November 30, 2011. A has been scheduled for Tuesday, 0 6,2011. The hearing will convene at 6: at the Indianapolis-Marion County L West Indianapolis Branch, 1216 Kappes Street, Indianapolis, Indiana. I quest for a public hearmg is, not recei Wednesday, November 30, 2011, the h will be cancelled. Interested pa . check the online IDEM calen http://www.in.gov/idem/calendar.html

f~6ttf;f~~~~ritri:R~~k~:d~~~J:~V~~~ 30, 2011, to see if the hearing has bee celled.