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### Indiana Administrative Code Page 1 

### ARTICLE 4. BURNING REGULATIONS Rule 1. Open Burning 326 IAC 4-1-0.5 Definitions Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 13-12; IC 13-17-9; IC 36-9-27-2 Sec. 0.5. Unless otherwise stated, the following definitions apply to this rule: (1) "Adequate fire fighting equipment" means equipment sufficient and appropriate under the circumstances to extinguish the fire. (2) "Clean petroleum products" means an uncontaminated, refined petroleum product, such as kerosene or diesel fuel, not previously used in any application. (3) "Clean wood products" means wood products, including vegetation, that are not coated with stain, paint, glue, or other coating material. (4) "Drainage ditch" shall have the meaning of regulated drain or open drain under IC 36-9-27-2. (5) "Emergency burning" means the burning of clean wood waste or deceased animals caused by a natural disaster or an uncontrolled event such as the following: (A) A tornado. (B) High winds. (C) An earthquake. (D) An explosion. (E) A hail storm, a rain storm, or an ice storm. (6) "Open burn" means the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber. (7) "Open burning approval" means an authorization allowing an activity that otherwise is not exempt or allowed by law. (Air Pollution Control Board; 326 IAC 4-1-0.5; filed Jul 30,1996, 2:00 p.m.: 19 IR 3340; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477) 

### 326 IAC 4-1-1 Scope Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 13-12; IC 13-17-9-3 Sec. 1. The requirements of this rule establish standards for open burning that would result in emissions of regulated pollutants. This rule applies to all open burning except for the following: (1) Open burning by and at a source that has obtained a registration or permit under 326 IAC 2-5.1, 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8 that specifically regulates the open burning to be performed by and at the source. This rule does apply to open burning not addressed in such a registration or permit, or if the registration or permit requires compliance with this rule. (2) Except as provided in IC 13-17-9-3, where open burning allowed under this rule is prohibited by other state or local laws, regulations, or ordinances. (Air Pollution Control Board; 326 IAC 4-1-1; filed Mar 10, 1988,1:20 p.m.: 11 IR 2419; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3340; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1067; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477) 

### 326 IAC 4-1-2 Prohibition against open burning Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 13-12; IC 13-17-9 Sec. 2. Open burning is prohibited except as allowed in this rule. The department encourages alternatives to open burning, such as sale or reuse. (Air Pollution Control Board; 326 IAC 4-1-2; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2419; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1126; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3341; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

### BURNING REGULATIONS

Indiana Administrative Code Page 2 

### 326 IAC 4-1-3 Exemptions Authority: IC 13-14-8; IC 13-17-3-4 Affected: IC 13-12; IC 13-17-9 Sec. 3. (a) IC 13-17-9 exempts certain types of open burning for maintenance purposes listed as follows: (1) A person may open burn the following: (A) Vegetation from any of the following: (i) A farm. (ii) An orchard. (iii) A nursery. (iv) A tree farm. (v) A cemetery. (vi) A drainage ditch. (vii) Agricultural land, if the open burn occurs in an unincorporated area. (B) Wood products derived from the following: (i) Pruning or clearing a roadside by a county highway department. (ii) The initial clearing of a public utility right-of-way solong as the open burn occurs in an unincorporated area. (C) Undesirable: (i) wood structures on real property; or (ii) wood remnants of the demolition of a predominantly wooden structure originally located on real property; located in an unincorporated area. (D) Clean petroleum products for the purpose of maintaining orrepairing railroad tracks, including the railroad rights-ofway, but not including railroad ties. (2) All open burning that is allowed under this subsection must comply with the following conditions: (A) A person who open burns shall extinguish the fireif the fire creates a nuisance or fire hazard. (B) Burning may not be conducted during unfavorable meteorological conditions such as any of the following: (i) High winds. (ii) Temperature inversions. (iii) Air stagnation. (C) All fires must be attended at all times during burning until completely extinguished. (D) All asbestos-containing materials must be removed before the burning of a structure. (E) Asbestos containing materials may not be burned. (b) The types of fires identified in subsection (c) are allowed under this rule. Unless specified otherwise, the following conditions apply to any fire allowed by this subsection: (1) Fires must be attended at all times and until completely extinguished. (2) A fire shall be extinguished if at any time it creates a: (A) pollution problem; (B) threat to public health; (C) nuisance; or (D) fire hazard. (3) No burning shall be conducted during unfavorable meteorological conditions such as any of the following: (A) High winds. (B) Temperature inversions. (C) Air stagnation. (D) When a pollution alert or air quality action day has been declared. (4) All burning shall comply with other federal, state, and local laws, rules, and ordinances. (5) Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times. (6) Burning shall be conducted during daylight hours only,and all fires shall be extinguished before sunset. (c) The following types of fires are allowed: (1) Recreational or ceremonial fires, such as fires for scou ting activities, and fires used for cooking purposes, such as camp fires, subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:

### BURNING REGULATIONS

Indiana Administrative Code Page 3 (A) Only the following may be burned: (i) Clean wood products. (ii) Paper. (iii) Charcoal. (iv) Clean petroleum products. (B) Any person conducting recreational or ceremonial fires shall notify the local fire department and health department at least twenty-four (24) hours prior to any burning if the size of the pile being burned is more than one hundred twentyfive (125) cubic feet and include the date, time, and location of the burning. (C) Fires shall: (i) not be ignited more than two (2) hours before the recreational activity is to take place; and (ii) be extinguished upon conclusion of the activity. (D) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet and only one (1) pile may be burned at a time. (E) The fires shall not be used for disposal purposes. (F) Fires shall not be located within five hundred (500) feet of any fuel storage area or pipeline. (2) Private residential burning, where the building contains four (4) or fewer dwelling units. Burning is prohibited in apartment and condominium complexes and mobile home parks. Beginning June 23, 1995, residential open burning is prohibited in the counties listed in section 4.1(c) of this rule. Burning shall be subject to the conditions in subsection (b) and the following conditions: (A) Burning shall be in a noncombustible container that: (i) is sufficiently vented to induce adequate primary combustion; and (ii) has enclosed sides and a bottom. (B) Only clean wood products and paper may be burned. (3) Waste oil burning where waste oil originates from spillage during testing of an oil well and has been collected in a properly constructed and located burn off pit as prescribed in 312 IAC 16-5-11 in the natural resources commission rules. Burning shall be subject to the conditions in subsection (b) and the following conditions: (A) Each oil pit may be burned once every two (2) months. (B) The fire must be extinguished within thirty (30) minutes of ignition. (4) Department of natural resources (DNR) burning, to facilitate prescribed burning on DNR controlled properties for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or prevention; burning by municipalities, county governments, to facilitate prescribed burning for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or prevention; United States Department of the Interior burning, to facilitate a National Park Service Fire Management Plan for the Indiana Dunes National Lakeshore, for example; and United States Department of Agriculture, Forest Service burning, to facilitate wildlife habitat maintenance, forestry purposes, natural area management, ecosystem management, and firefighting or prevention. Burning shall be subject to conditions in subsection (b)(1) through (b)(5) and the following conditions: (A) The fire shall be extinguished if it creates a: (i) nuisance; (ii) fire hazard; or (iii) pollution problem. (B) No burning shall be conducted during unfavorable meteorological conditions, such as any of the following: (i) High winds. (ii) Temperature inversions. (iii) Air stagnation. (iv) When a pollution alert or ozone action day has been declared. (C) Only vegetation and clean petroleum products may be burned. Burning by the U.S. Forest Service for firefighting or prevention is not subject to the conditions in subsection (b) or this subdivision. (5) Burning of marijuana by federal, state, and local law enforcement offices. Burning shall be subject to the conditions in subsection (b) and only clean petroleum products shall be used for ignition purposes. (6) Burning, for the purpose of heating, using clean wood products or paper in a noncombustible container that is sufficiently

### BURNING REGULATIONS

Indiana Administrative Code Page 4 vented to induce adequate primary combustion, and has enclosed sides and a bottom. Burning shall be subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions: (A) Burning shall only occur between October 1 and May 15. (B) Burning shall not be conducted for the purpose of disposal. (7) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of extinguishing an existing fire. Such burning is not subject to the conditions in subsection (b). (8) Burning of clean petroleum products, natural gas, methane, or propane for fire extinguisher training, including mobile or stationary training units, subject to the conditions in subsection (b) and the following conditions: (A) The local fire department and health department must benotified at least twenty-four (24) hours in advance of the date, time, and location of the burning. (B) Except as provided in clause (C), daily fuel volume amounts burned are limited to one (1) of the following: (i) Fourteen (14) gallons of clean petroleum products. (ii) Two hundred twelve (212) gallons of propane. (iii) Twenty-nine thousand seven hundred (29,700)cubic feet of natural gas or methane. (C) A combination of the fuels listed in clause (B) may be burned each day. The amount of each fuel that can be burned each day shall be determined as follows: (i) The volume of each fuel to be burned each day shall be calculated as a percentage of the maximum volume allowed in clause (B) for that fuel. (ii) The sum of the percentages for each fuel burned each day shall not exceed one hundred percent (100%). (D) All burning of clean petroleum products shall take place in a noncombustible container or enclosure that has enclosed sides and a bottom. (E) All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination or uncontrolled spread of the fire. (F) Only one (1) fire may be allowed to burn at a time. (9) Burning of two (2) single family, nondemolished structures per calendar year by municipal fire departments for purposes of live fire training, subject to the conditionsin subsection (b) and the following conditions: (A) Written notification must be submitted to the Indiana department of environmental management, office of air quality, at least thirty (30) days prior to the burning with the date, time, and location of the burning included. A copy of the notification shall be made available at the burning site to state and local officials upon request. (B) The fire department conducting the fire training must provide written notification to each interested party or person owning or renting property within five hundred (500) feet of the structure to be burned at least fifteen (15) days prior to the training activity or publish a notice of intent to burn in the local newspaper at least fifteen (15) days prior to the training activity. (C) The fire department must notify the county health department and county sheriff's department at least twenty-four (24) hours prior to the burning and include the date, time, and location of the burning. (D) All asbestos-containing materials, asphalt roofing including backer paper, and vinyl siding including Styrofoam backer insulation must be removed before the intentional burning of any structure. These materials may not be burned and must be handled or disposed of in accordance with the applicable rules of the solid waste management board at 329 IAC 10 and 329 IAC 11. (E) Mercury containing equipment and fluorescent bulbs must be removed from the house and properly recycled or disposed of in accordance with the applicable rules of the solid waste management board at 329 IAC 10. (F) No burning shall take place within one hundred (100) feetof a structure or power line or three hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline. (G) All burning must comply with other federal, state, or local laws, regulations, or ordinances, including 40 CFR 61, Subpart M* (National Emissions Standards for Asbestos). (10) Ceremonial burning of United States flags, subject tothe conditions in subsection (b) and the following conditions: (A) Any person conducting ceremonial burning of United States flags shall notify the local fire department and health department at least twenty-four (24) hours prior to any bur ning if the size of the pile being burned is more than one hundred twenty-five (125) cubic feet and includethe date, time, and location of the burning. (B) Fires shall: (i) not be ignited more than two (2) hours before the activity is to take place; and

### BURNING REGULATIONS

Indiana Administrative Code Page 5 (ii) be extinguished upon conclusion of the activity. (C) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet, and only one (1) pile may be burned at a time. (D) Fires shall not be located within five hundred (500) feet of any fuel storage area or pipeline. *This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 IAC 4-1-3; filed Mar 10,1988, 1:20 p.m.: 11 IR 2419; filed May 24, 1995, 10:00 a.m.: 18 IR 2408; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3341; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Mar 21, 2007,2:48 p.m.: 20070418-IR-326050268FRA; filed Sep 28,2011, 10:58 a.m.: 20111026-IR-326090362FRA) 

### 326 IAC 4-1-4 Emergency burning Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 13-12; IC 13-17-9 Sec. 4. Emergency burning with prior oral approval of the commissioner or the commissioner's designated agent may be authorized for the following: (1) spilled or escaping liquid or gaseous petroleum products whenall reasonable efforts to recover the spilled material have been made and failure to burn would result in an imminent fire or health hazard or air or water pollution problem; or (2) clean wood waste, vegetation, or deceased animals resulting from a natural disaster where failure to burn would result in an imminent health, safety, or environmental hazard. The commissioner or the commissioner's designated agent shall issue a written approval within seven (7) days of the oral approval. The written approval shall contain any conditions on emergency bur ning that the commissioner established in the oral approval. (Air Pollution Control Board; 326 IAC 4-1-4; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2420; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 28, 2011, 10:58 a.m.: 20111026-IR-326090362FRA) 

### 326 IAC 4-1-4.1 Open burning approval; criteria and conditions Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 4-21.5; IC 13-12; IC 13-17-9 Sec. 4.1. (a) Burning not exempted by section 3 or 4 of this rule may be authorized by the issuance of an approval by the commissioner or the commissioner's designated agent after consideration of an approval application. Such burning may be authorized for, but not limited to, the following: (1) Burning for the purpose of fire training. (2) Burning of natural growth derived from a clearing operation, such as removal of natural growth for change in use of the land. (3) Burning of highly explosive or other dangerous materials for which no alternative disposal method exists or where transportation of such materials is hazardous. (4) Burning of clean wood products. (5) Burning of natural growth for the purpose of land management. (b) The following criteria may be considered for approval under this section: (1) The applicant has demonstrated that alternative methods for disposal are impractical or prohibitively expensive. (2) There are not more than five (5) residences or structures within five hundred (500) feet of the proposed burning site. (3) There have been no open burning violations at the site of the proposed burning or by the applicant. (4) If the application involves a structure for fire training, the structure has not been demolished prior to training activities. (5) The burning site is located in a county not designated as a nonattainment area for PM10

### or ozone and is not located in Clark or Floyd County. The commissioner or the commissioner's agent may allow open burning in these areas, subject to conditions necessary to protect air quality. (c) No approval shall be granted at any time for residential burning in Clark, Floyd, Lake, or Porter County. (d) Any approval shall be subject to the following conditions unless otherwise stipulated in the open burning approval letter: (1) Only clean wood products shall be burned.

### BURNING REGULATIONS

Indiana Administrative Code Page 6 

### (2) No asbestos-containing material shall be burned. (3) No burning shall be conducted during unfavorable meteorological conditions, such as: (A) high winds, temperature inversions, or air stagnation; or (B) when a pollution alert or ozone action day has been declared. (4) Burning shall be conducted during daylight hours only and all fires shall be extinguished prior to sunset. (5) If at any time the fire creates: (A) an air pollution problem; (B) a threat to public health; (C) a nuisance; or (D) a fire hazard; the burning shall be extinguished. (6) The local fire department and health department must be notified at least twenty-four (24) hours in advance of the date, time, and location of the burning. (7) The approval letter shall be made available at the burning site to state and local officials upon request except during emergency burning. (8) Adequate fire fighting equipment shall be on-site for extinguishing purposes during burning times. (9) No burning shall take place within: (A) one hundred (100) feet of any structure or powerline; or (B) three hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline. (10) Fires must be attended at all times until completely extinguished. (11) All burning must comply with other federal, state, or local laws, regulations, or ordinances, including 40 CFR 61, Subpart M* (National Emissions Standards for Asbestos). (12) No waste that is regularly generated as a result of a routine business operation shall be burned. (13) The material to be burned shall not exceed one thousand (1,000) cubic feet. (e) An approval letter shall be valid for no longer than one (1) year from the date of issuance. However, an approval letter may be valid for as long as five (5) years if the approval a pplication is accompanied by an open burning plan. The plan shall: (1) contain a description of the open burning proposed for the period of time for which an approval letter is sought; and (2) be incorporated as a condition of the approval letter under subsection (d) or (f). Any change in the plan must receive an additional approval letter, unless the change is to reduce open burning or the change isto conduct burning exempted under section 3 of this rule. The plan shall be available for review upon the request by the department. (f) The commissioner or the commissioner's designated agent may add conditions to an approval letter, as necessary, to prevent a public nuisance or protect the public health or the environment. Such conditionsmay be based on local air quality conditions, including whether the area is a nonattainment county as defined in 326 IAC 1-4-1 or has been redesignated from nonattainment to attainment status. (g) A decision on the open burning approval letter is subject toIC 4-21.5 (Administrative Orders and Procedures Act). *This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 IAC 4-1-4.1; filedJul 30, 1996, 2:00 p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Nov 15, 2002, 11:17 a.m.: 26 IR 1077) 

### 326 IAC 4-1-4.2 Open burning; approval revocation Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 13-12; IC 13-17-9 Sec. 4.2. The commissioner or the commissioner's designated agent may revoke an approval letter if the applicant: (1) violates any requirement of section 4.1(d) of this rule; (2) violates any condition added to the approval letter under section 4.1(f) of this rule; or (3) falsifies information on an application for an approval. (Air Pollution Control Board; 326 IAC 4-1-4.2; filed Jul 30,1996, 2:00 p.m.: 19 IR 3344; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

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### 326 IAC 4-1-4.3 Open burning approval; delegation of authority Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 4-21.5; IC 13-12; IC 13-17-9 Sec. 4.3. The commissioner may delegate the authority to issue open burning approval letters in accordance with this section to a local health department, fire department, solid waste management district, or other agency upon a demonstration that the agency: (1) has the necessary legal authority and resources to implement an approval program that is at least as protective of the public health, welfare, and the environment as the provisions of this rule; and (2) commits to implement the program described in subdivision (1) and to follow the public notification procedures of IC 4- 21.5 in the issuance of approval letters. The commissioner may establish conditions for the delegation and may revoke any such delegation if the commissioner determines that any condition has not been satisfied or the circumstances under which the delegation was issued have changed. (Air Pollution Control Board; 326 IAC 4-1-4.3; filed Jul 30, 1996, 2:00 p.m. : 19 IR 3344; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477) 

### 326 IAC 4-1-5 Liability for fire Authority: IC 13-1-1-4; IC 13-7-7 Affected: IC 13-1-1 Sec. 5. Any person who allows the accumulation or existence of combustible material which constitutes or contributes to a fire causing air pollution may not refute liability for violation of this rule (326 IAC 4-1) on the basis that said fire was set by vandals, accidental, or an act of God. (Air Pollution Control Board; 326 IAC 4-1-5; filed Mar 10, 1988, 1:20 pm: 11 IR 2420; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477) 

### 326 IAC 4-1-6 Air curtain destructors; approval; exemptions Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 13-12; IC 13-17-9 Sec. 6. (a) An owner or operator of an air curtain destructor as defined in 326 IAC 1-2-2.5 shall submit an application to the department to obtain a letter of approval from the commissioner or the commissioner's designated agent prior to its installation or operation at a new site. The owner or operator: (1) shall not operate the air curtain destructor unless the owner or operator holds a valid letter of approval; and (2) shall maintain the letter of approval at the air curtain destructor site at all times for verification by state or local of ficials. (b) Burning exempted under section 3 of this rule does not require a letter of approval from the commissioner under this section. However, the burning shall comply with the conditions set forth in section 7 of this rule. (Air Pollution Control Board; 326 IAC 4-1-6; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1126; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3345; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477) 

### 326 IAC 4-1-7 Air curtain destructors; approval conditions Authority: IC 13-15-2-1; IC 13-17-3-4 Affected: IC 4-21.5; IC 13-12; IC 13-17-9 Sec. 7. (a) To obtain an air curtain destructor letter of approval, the owner or operator shall ensure that installation and operation of such air curtain destructor will comply with subdivisions (1) through (22) as follows. Burning shall be terminated immediately at any air curtain destructor site that does not comply with this section. (1) Only untreated wood products shall be burned, except for minimal amounts of uncontaminated petroleum products that may be used for ignition. (2) Burning shall not be conducted during unfavorable meteorological conditions, such as high winds or air stagnation or when a pollution alert or ozone action day has been declared. (3) The air curtain destructor shall not be operated prior to one(1) hour after official sunrise, the fire shall not be fed af ter two (2) hours before official sunset, the fire must be completely extinguished by official sunset, and at least one (1) foot of dirt must be placed over the ashes in the pit by official sunset.

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## JAN 

# 2S 1996**~ursuont ~o**  the**provLs~one ~na** **~noLt~e•** of Ch6pter 155, ACta 1953. I hereby**~ertify** th6t th• foreqoinq 6Ccount is just and correct, tbot th& &QOunt**elo~** ia l&golly due, after**~llowinq** ell just credits. and that no part of the**s~e** ha ba.n P6i::l. ,19.2.L._.Talet**~U8LISHE~'S** AYFIOAVIT State of Indi.ano as: Personally appe6r&d before**~•.** o notary public in and for said eounty 6nd**sta~e.** th• undersigned JENNifER CUMMINGS who. being dull sworn, soya**~hot ~**  is 

### BOQxtEErtB of the COURI£& n.wspoper of qen6r6l circulation printed 6nd publ)&hed 1n the English lanquoqe in the (city) (tovnl of**tV~SyJLLE** in**s~a~e** ond county aforeeoid, and th6t the printed m6tter attached**here~o i~**  6 true copy, which wos duly**publ~shed** in soid poper toc_l___timaC&!. the dotes of publication b&inq as {ollowa:

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# (_

\.__ Pederal 

### ID e350G770S5 Form**Pr~scribed** 

# by State Board of Accounts General for• No. 99P (RevisRd 

### TO:NevK-' Journal. (Governmental Unit •**~lark** County,**Indi~na** 

### 221 Spring 

### St

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## ...

# ., PUBLISH'S CLAIM LINt COUNT Display Matter (Must not exceed tvo actual lines, neither of**~hich** shall total more than four 

### solid lines 

### or type 

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........................... ..__ __.._u.....,, __


### OMPUTATION Of CHARGES 1l!__lines, 1**c~lumns** vide**equalsl2~** equivalent lines**at~** ce;ts per line ..•.•.•••..::::.•... . ........... • .•••____**2_'7~.7~8** __ _ Additional charge 

### for notices contaio\ng rule or tabular 

### vork (50 percent of above amount) .•........•......•• • ....• . .... ·------- Charge for extra proofs of publication ($1.00 for each proof in**exce~** s of tvo) ...............•.. • .•....... .. .•.•........--------- ATA F0:0 

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### B.S**e~s ~~**  \ Number of insert ions**-=1~----- Si~e**  of type 6 point**Pur~uant** to the provisions**an~** penalties of Chapter 155. Acts 1953, I hereby certify that the foregoing account is just and correct, that the 1ount claimed is legally due, after alloving all just credits, and that no par

the same has been paid.

rACH COPY**~D** HEP£**~'** 

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# - Annette Brown Title**book~eeper**
PUBLISHER'S AFFIDAVIT State of Indiana) )ss:**.=C:..!l~a~r~lt::_**__ co u n t y ) 

### Personally appeared before me, a notary public ln and for &aid state, the**undersi~ned** Annette 

### Brovn vho

. 

### being rluly svorn . says thats_he**isbopk~eeper** of the**Evenln~ ~•w•**  nevspaper of general eire lation prlnted and published in the Englisn language in the (city)**~~«n)** otJetferaonvi1le in state and county afo said. and**t~lt** the printed matter att ched hereto is a true**copy~** .,., l ch ,..as duly published in s d· paper tor one ti111e the dates of publication be g as**follo~s,-----** mb r 1 1 1995**Subs~rlbed** and suorn to 

### NOTARY PUBLIC**~Y co~mission**  cxpires:

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### __**,** __ 1_9_9_9

________________ ______ ____ _..,. •••""+ auru •••• •t:.. "M' n • • • t• • •·• • .,.**..,6~R~I.-G...,N** ___________ County

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### 307 N. PENNSYLVANIA ST•

- P•O• BOX 14**tNPIANAPOLI~.** 

### IN**46206-011~** 

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# ....**~£** COU.'IT PUBLISHER'S CLAIM

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### s Chllf1IC for eXIra pi'()()( a ot publication (81

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u:**-- ---** **...:M'-IJA~R~C~~..~H'-L....J2.._9'--** 

### 80515

ATT AC H COPY O F AOVERnSEM £NT H£R£**STAT~ P~ESCRIBED**  

### rORMULA Sb.c:**of~~** 

### ..2..!..L point

PUBUSHER'S .AJI"l"1DA VIT StaLe of I ndl:a.na IIIA8JON C' OIII\ 1**~** I SS : 

# --------- ·

# --



# l CUf

u ndel"$lttncd ANNETTE 

### PIER SON who. bcinot**du ~**  n.-om. ..u·**hat~** ''c**"',--;:-~ .,.L.,E..,RIO..Ku.....~--":""::~~~-~:-:-=--**  or**~.M** 

### INDIANAPOLIS NEWSPAPERS,**I~C•** a 

### PAllY STAR**c~;~per** of (tnc-Ql ,·trculallon pnnl(:d and publi6« In**~ En** **h** b n«l.al(c tn o hc c it

y I town 1 u (

________**_...l.LIH 1111** **D:...I.aAJJH~.~:~A""-P..w.ti** In**e** &rKI coun !y afOto::$61<1

. <111<1 l.ha\ the pt\ntcd matter attac:h<d hcn:1o ts :1 true 

### c:ov wu duty publl$hcd tn said p.apet lor _l.11m•

__ . the**<Ia~** ol publlcat!On betft4 11.3 1'\A.R CH 28, 1996

Subscrlbcd and swom tn bcfort me tl\lsz.illl**<1:&~** ol**-----'-'"""'AuB;o.;C~H**__ 

# 'k

# L~~ 

# c2.**~Ar:** 

# _,**!'.:~~:&.,:1.\** L

### !\U~:'!r~~~ry**1'-tbl~** .t My «l<111\ll$$10n tlCptru l'CT,\:•Y t'l: !.!C:**~**7.\l;:' Q( 1'-.j"l <!.N4


### ,_.,..**,:~tee' ~Oi..'N":""'l**  MY C(..oi.!Ml$$10.\1 £)(1'. IUL'f**~3.19<V' ~**  

### RATE PER LINE 7•83 PICA 

### 94 

### P:liNTS COLUMN 

# = 94 POINTS PUBLISHED 

### PUBLISHED PUBLISHED 

### PUBLISHED :lNE TIME TWO TIMES THREE 

### Tli'IES FOUR**TI~ES** I 5·1 

### PT. TYPE 

# = 16·49 16·49 EMS I 

### 250 = ·06596 •06596**S~UARES** X S3• 3 0 

### = 

### SQUARES • 2.17 

### CENTS PER LINE

### Legal Notice



# ( . j 6Ql Lnke Couoty, Indiana

,,.... . ·. ·-L:< ...l...A....... PUlUSHEll' S CUlM 

# -

... '\ .... 

# --,**~.** '{**~** 

### .... 

# . "' ) 

## ..., .- I 

### ··'-I Ohplay .Hatter (Kuat not exe.aad tvo actual U.au, ulthar ot vhic.h**ili:t.fl.""r-r;'i~** 

# rEI total. 1110rc than four aol.id Uuu of**ty~** la vhic:h the body of t.tr.e-'· :.......n ..**,_..,~.l.** \.' advert{**se111e.~t** h aet}

--**tu~aber** of equivalent 11naa , • • • Kea4 

### aocty number of linea • number of llnee • 

# -. 

# . . . .. 

### MAY ij 

### 9 

## 1996



# . .

STA.ll es> hJJi>dt.\ • ">\'"4'-.l•fpl t**lillv~e.o,...t.,.U&. ••t~ta.ct**  OHIC:( Ui Wr.t WINICtW(**~t**

# /f~ Uuu, / coluanavldeettuall**-u.~** ceuta per l.lae • • • • • equi.valee.t l.iaea • • • "' • • $ Add1t1oaal. charae for aotlce• coatalolua rule (50 percent of above aaoue.t) ••••••• or tabular uork 

### Chars• for extra proof• of publication ($1.00 la e&ceaa of tvo) •••• for each proof
TOTAL AMOUNT Or CU.l.M 

# s:£3,;;1V**-#5~90~** W1dtb of aluale col.uan 

# - 7 e... HUaber of 1naert1oaa 

### I Slae of type**~** point

t bereby certify that tba**fo~•1o1aa** aec.ouat la juat and correct, that**t~a** le1ally du., after alloviUI all juat credit•.**•~** that art of 

### the •

ATTACH. COPY OF A.DV!RTISEME.NT HEllE 

## J

## I

State of tacluiU )

_ .... LOI.lakiMIO.lOil.- Ca unty ) ) Ill I 

### Legal Clerk 

### PUILISK!K'S AlllDAVIT

Par1aaally appeared before 

# ••t 1

## natary~b~ic lQ and

## ~r 1&1d c ad state, tha uodeuiaad 

## T,!,:_IC/.4

_ ,

## l,/H-1:21· who. bei I worn. &&JI that _s_ he la

___**L=e:.::qa.:a::.;l:........=C~o:.:r::.:k;;:...**________ _ T 1.me l'le'VIp aenaral eireulatlon prlatacl ano publiab•d lG tb• 

### !nsl1•h lanauaa the (city) (tovn) of fo\Jn.ster h. atau and county a lald, and that the prloted ••tter attaebed hereto la a true eopy vaa duly pubHahed 1n uicl 11•par for

### ~':'71.J._·_, t.lrae

---- datea of publication**bel~** •• follova1 

# YYJtu 

# ,._g"**J~L,fq**

# $f,**~**

.-· Hy**co~(aalon** expirea:Form Pteuribed. by St.ate Bc.atd ufAceounts G•net>l Form No. 99P (R.viud 19$1 lifO DEPT**0~** ENV I**RO~iH(Nl A\.':....K~G!::".:".!T**  ___ _ 

### To: 

### TheJournal-Gazette (Covemm&nta\ Vniil 

### P.O. Box 100**...!:'~"'!:.E!;.N ~**  _ ______County. (ndia.na 

### Fort Wayne, IN PUBLISHER'S CLAIM LINECOUNT -:-:::=.,.,========----nitplayMatU!r l Mwt not**~r<:ftd** \wo e:ct.uallinn. ntitberofwhichth.&.ll toull

LfQIIINotJOt oc P\AllctiMA"Ia ore \hen fot.1t e.olid line-5 o1 typot: tn which the \xKly of tht •dvertiHmtnt i.e a.et)**Sll~ ~·IKnPIIn**  lSlf'l Sv1lf'lwlf...**~umbtt** ofequ1v•lel'\t Hnu

'l261AC. Ooon8ufmQ tad -· numbtr oflints )dy •-numberor linn '\ · · 1\umberoC linea W numi>et o{ tinH in notict! PUTAT!ON OP CHARGES

L0.2......_ fineoe. _,L

__co)umm wide equalt

_ _,_,,o._a__eq.,P\'alent line-.s t •. H !> ter\ta per line dditionet chi!Ul:elor notitM conteininc ruleor**~.t.boulu** work .()**tw!t~nt** ofabove amountt tw-ge Cot Utra ptTJOfa ofpubJic:&tion (1\.00 for tli.Cb proofi()**net:~:~** oftwol OTAL AMOUNT OF'CI.AIM AFOR COMPUTING COS'!' '1dtb ofsin;**I~** cohlmn**~** ean**~~of iMII~ion&**  _ __!,

__**.~oe** oftype
__ 6_ pOint**~\)** :• 

# RE.CE\\/EO O.£.M

## CONTROLL~?.S 

# c:·r
Kunmon<f PvbWc l.ibtlWY. 565 Sta'-**$(~.** H•trlmrOn(l. riiJ&nt co**t~e** provteton.&**~nd** pen&h.ie-e ofChapttr**16~.** A'u**19~3.** A.f.lec\**~ty** Pul*: Lit¥...-v. 900 WtOall" 81••. l=,on WttyroO**E~ V~g_:l**  Coon'¥**~** t.IOhW'Y. 22 s.outl"' EA.&.! 5th Stro.l. Ewotvill•

. ..,.u.....,.,...**r~** Pvor-c**t>tw.~~tY.** ?lt ew COAA\>elA)O', Jentlt'tof'I"Y''he 0..81 &181et'fl(W"'i1-

.... bo**~.** Dul k:J' lht to;U'•9 ol tho roeo.:a.**•14~"** lhOVIO b6**~'*'** tn wtlllna. Wrill.n**~a!etnel"lt ~'~'~•r**  De**trJOmll~** 10 tho •1W.dtn1**~ltd** SO**rec..rw.~ OOf'I'WI)(W"ol~al**  ,..pA)/11;. hMf1nG.**"1r~** oC**~~MO** .. .....,.;1181"1**~·** 3oOOI: to tho 

### eo." "' No**~ ~**  ,...... r>o <7l)fl'l topu***in~non** •••"- IIY.:b..nl**~** ol EflwitonmMlll**"'~·** Ott'lol ol**~** Mlf\oo**~and~** tr\17'**~** nwcM**~to** &X"f ptn.on "'Xl"**~** ot**1ept~O\ ~.t.**  Arrt**~** twMd 0(**l~llk'** ., lhe hNI'IilQ

...**~** rlCIIf'=e**~** D6 \)¥f'(\ wrtn«t t'ciQOt ol 1M aeuon cit 1t-o &oara. nby certify that the fort:JCOtPY. account ia ju:st and col'l'e<'t, that the •mo\lnl ·IXIed is Jtcelly**du~. e.n~r**  sltowu\8 tlll ju.tt cted:i\.8. and that no part of the**~** hu beel'\ paid.

te: !!;A.* 8!<CC.Hli....J.2,99'----, 19**~92J6L**__ 'l'itlo:



## ... ,., ,.**,:..,~**



# ...**~~** PUBt.ISHEQ'S AFFIDAVIT Su.teof Indiana} )

# .. : Allen Couoty ) $**-~~,~-.!.:29~---**

$ 0

F«**adO~** in\Omlaliorl OOt'la.ct Su.tbtn:l WNtn'*. ot**~JW ~** **~ ~I**  EM'ItON'I'JMW tMtt·**a~t.** Otr.co**~** A:.**Mu'la~t. ~**  Gc>r·**~ ~**  her\h. lOO ti<wl.l'l Serca.l.a**A~.** sn-**~** 01 C411 C317) 232.B229 ¢r t!OO)**4Sl-60'V.tth~l undef3ii'T"~**  lin IE ROljYANS who. bainr d\ll)' tt¥Om. a.a)'a thAt. heJ**~R.Geool:ge** A.$sill.4/'ll**Coo1Jmi£t5oi~Qf** .. OMco d.

.....**~oem«tl ~!Y"4.1abr~r~.~l(lnS**  IC.W**Oatt~t.fion** in \tw:J**~** U.WIO<:oonl!l¢1 tho IMI.IIM**~"11>4tfiTIIWil** ol £/Mo(IYT)IIWII(II MeMoem801. A,..... 

## ,...,.rh Ot:sablitioeot. Act OOOto.r...c.ot a1: Atlot\: c.Jia Poe. t\OA COC.VCW\IWOr**,,..,..~,,t"TWtt ore.w,~to"** **~~** 100 t.!.**SlrN.I~ AW~t'Ml** 

P.O.SoA&::>IS**11'\CJ~** 1N 46206-601S Otu:5 t31H 233.()$U fYI. tJU)**~p** )T1J P'.oo:M**"'~,a** (Nt'llfT'Q"''' of**1~** h(A;8('101thaf1t01'1 l·-29 It ls.4:606 '-TIACH COPY f .ADVER';lSEMENT HE!JE 

### .·

# .., ·'



# ..**~.** ,

# ..



# ... sht it**Cl~d::** o( the

_ _,Th"'-'•'-'""'•"'""''"""'•"'1c:·C.,.,u.o""'t"t"•--.ot'MIIP4J"Ir ofj't!QeraJ c:1rcul.a.tion priotcd and 'PUbli.J.hed in t.ht! E>nw:h•h ia.ns:uA&e 

### tn**t~** {city) (town• ol

### _.:F~•:::r~t:.W.:.:..:~~·:::•:::·..:I.:N.:__,fn et.au and oounly aforeuid. And that the print-ed mettel**~tuched h~r&t-o**  i.s a**t.ru~** copy. which**w~** duly publi.ah!td in Mid p.apor fOt ---'

- ttroe
. ___ • the dat.n bfpu'blication b.!i()g**~** follow•:

# (



# l

. IH DEPT 

### or fNVI20NK!NTAL 

### MGMT XI16**(Gov•~n~al** UnLtl CO!JBUjl\ 

### or.**V~PXB8QRG8** County, Indiana P ,0. BOX 2§fl, eyAMSVIWZ Ui 4l?06_
PUBLISII!:R' S C:I.A:IM LilfB COIJMT Oiaplay Hatter (MU&t not excead two •ctual linea,**~either** ot which &ball total**~re** than (our solid linea of type in whieh the body of the**odve~iae&.nt** is eat)

--**N~er** of Equivalent linea l{o.od**n~r** of linu. Body

-- number of linee •• Tail

-- number of linea •• Total number of lioee in notiee

. . . . . . . . . .

linea, __l__eolumn• wide**equalaA~~~~s** ____**.~ivalent** linea at.227 eenta per line •••••• Additional**ehar~e** for notice• eontoininq rule or tabular work (50 percent of above aagunt) ....•...••. C:harqe for**ex~ra** proofa of**publicat~ona** ($1.00 for each proof in exoeea of two)

. . . . . . ....

TOTAL MOUNT OF CLAIM 

# RECEIVED O.E.M. )2.92

DATA FOR COKPtn'UIG COST Width ot**aio~le** column**~ ~**  Nuab•r of iuaertiona size of typ$**~ ll~** **-po~in~t-** () 

# \'-' \,

# VI\\"~" CONTROllERS DIV. APR 

### f 

## 7 1996

Purauaut to tba prov1a1ona aDd pona!tlea of Chapter ISS,**~te** 1953, I heraby eertify tbo.t the foreqo1.nq ac-c:oun'C ia jWit and eorrect, th.tt tb• .uaount elatmad ia leqally due, after allowinq all juat eredita, and that no part of tbe B&m6**~n** poid.

State of Indiana 881 Personally appeared before me, a DO'Cary pub i:n and tor said county and atate. tile**undarai~ed** J"tJitlltJR CUMINGS who, l:>ai:n9 1no10ra, uya thae ..JU1L. h IOOJirEPO of tho**~OQRIER n-DP4p6~**  of 9•n•rm eireulation printed and publianed in the £nqliab lanquaqe in the**(eity~** (town)**~~SVXLLI** i11 atate and county atoreeaid, and that the printed &4tter attacb nereto ia a true copy, vhich vae duly publiah&d in aaid paper for_l___timetal, the data& of publication being aa follovar MABC" 29, 1996
Subacribed 4nd avorn to before**~• thia~dAy**  o£Af8IL , 191!_.

IOO

.. •AY "'SIDE!ft OF

# POS~Yc?!

# Ji/..,.,_~ "Y commiaaioa**expirea~----~9~/~2~9·/~?~9** __________ ___

### oept. of**~nvlsonmental ~nqmt.** **~~vernmental ~~it)**  Chr!: 

### 221**,,.~tns** 

### St.**:~!!~rsonvillc,** Lqol"""wlll**MM.Ht~** s.... l.,.P-

..lOft**rt...UIPl~ol** l.W u.c 4 0,....

............

Hodo.**It~**

# p-- 40 0"11 Sl.l01 11/.&1 Ill< bll**~** o( ED-.ua**MY~**.-en 1IDE:M) All.l'llolouoo C-.ot kwd IAI'OII w!U l>oW l pulllk**t~tattor** u ,._ 

### "''"ltot"**fd~Noied-"SGDM4y** I,**I~** n. ,.._ of ltJio llouoln,t b**~** ,.,..,a..**po~olk:_ao_ ,_..,.,~(D-**  

## ..... ot »4 u.c 4, o,... ...,.,"C. will<*

... pr_.o (6 bo n...-**~.,.1M** &.wd.

# Ttw--..
Will

-- .. 1.:00**~'A** "'

......**Ola~** a-koGnlo

.... !.**~** a.. l.aii4M**~** GtaOG'·**~~** 401 w...,. 

# w-....- --------------------------

### C~~ty, lndi&na PU8USRER' S CLAIM LINI. COUHT

### ~ 

# f'**.-~~,:-** 

# ... 7T'.

- --.. __ '-*·"""'-J'.&.. ..._..... Display Matter**(~ust** not**e~ceed** tvo actual lines, neither of**vh1~b** GhelT total caore than four solid lines of :ype in vhlc:h the**bod~** of**~h.e~**... a.dvertlsement h set)

-- nWiber of equivalent liaea •• 

## ··.R.0.4**.:::~.** Head nucaber of lines Body number of l.Cne1 Tail. number of line• • • rotal number of lines to notice**,.,..,.~** -. ... Anla•1'<\IO<I**~** •• irmw

- wta t>e COtiPUTATtON OF CHARGES pwa ......_.... 01)90<\&a.ly IO**~!./'lr(J-~w ~~~~It$.**  l89 lloes, 1 column$ vide equals**~~9** equivalent lines liO

1M

.... _ O.nm.t**~** p&ii.IC4Ireltltlloo 11:1 '"·'

- lftl**~**.. IC IH·I.l.**~** IIUio• at , 23'5**c:~per** 11 ne • • • • • • • • • • • • • • 

### • · • • • •

### s_"1114rmtt~.~,Htr--**Wt·~-.-~**

# .., ...... Ialii ., ..

_ Thnt**~~~** 10 .,. twUI**~** W**~~poe! ~**  0(

.... ttt.Uoo.-**~**

.....**~ ~-**  'PWO..._ pr<>G-**..u.·~-(~""** clrmD!jfloo. ol a 011'11ntn• ..,.. lbr**~-** ,,_ wllitb .,.,_,,. may ocaot. U>EM It ,.....,..... taw.......,..">""' .wow••- Additional charge for notices c:onta1n1r.;**r~-e** (SO percent of above amouat) •••••.. or tabular work. Ch&rce**!o~** extra proofs of**~ubl1eatloa** ($1.00 1a excess of two) for eacn proof TOTAL**~~OU~~** Of CLAIM • . • • • , • . • 

# . . .. 

# . . . .. 

# . s_.,.e.,.e-... 4

...



## '1--

...**bono~•&** '"r<>lot.ion 10**·~to** DATA fOR**C0l1PUTI~:c** COST 

## .,........,.f!M

......,._

---- ...**ru~--..** Ill< ,.IN 11\..-.s to <wtty 111C --.._ ....,**·~•rr** «>= ,.,....**~ofw<IIH. ~ofw~"'IM"c**  l

....llblr IO ..., Pttt.Oo IIICWI

..................**"11illl>lt(atjl<l~lk: ~**  •• """**~-** ... lOco·**~** Width of single column**~** ems 

### Nuober of insertions 

### 1 

# t 'i

# l~l 'I 

# i**Sl~e** of type**--~---** point 

## (**IN~~~~e ~~~~**  or &.u-oul M-SRWOI,**~~**..**~-N** 100 HoNI S... A...--. T..- 1"- £u(. ,,.,;.........,...._

uel*lld

.. Son

.. _ A¥oc:y. llllhnl**~** o--$<ioiiA JOII W. W•tNfiC'OII s-.., .Roem**Bill.~.** I hereby certify that the roregoing cc:count ls just and correct, that the amount**cla1~e•** la&ally due, after allowin& all juit credits. and that no part of the**sa~e** has beeo paid. blioi'Rij)Olb·MulO" C<>efllllle 

### ua....,.. •o btl s.. C'llit**~Dnette** Brown**~*'~"**

H-.cl hblic lltatwy. U)**su...~~** Date:
_______**~_a_r_c_h** __**~J~O**

### ________•**19~** AllM CIN.., l'llbllc Utnry. 900

# w.- s-.F«o 

## w.,.....

E •-.a.r•illt vttKirtt>91fh C<01nry**·I'll!>~<** U.....,.**1~** :SO..III £,. .w.**~.** t
.......lt.**Je~llt** TOW!Utlip P1oN1c t..l><wy. ,, t Eaol Cowo A

.. ._,**~**

# .... ()cal 

### .._,.m<1111 "'II**~** ... rd.**""'btt.._.,.o(.,.~** 

# --..**~** 

# .......... , ..
--.. WIIIIOO

-- o.oy br Ollllcllint<IIO llw ·- 4roiJ'W'**~** ' «d to**ft<ld~** "'1t1tr'11-**a~** I lnoll-.a**t..q.rirt&~** ,._ • 

# .,...-lleari...**-~,**

# .............

A**~pi** o( w llnlil>( wac1 , fHoO Ill OU""' 80otW

......... VW allwrl

.... -- IOII>tt lo.nl IDdl- o..,.,_, ot "lbt !'Wh mtlnc Nl**~** opn1**~-~** M-
... - 10 pcbll<**~oa.,** 

# .,... ....,._ Amtfl.:a,. 

### ••o. oc... !llllt...., An**·~** o( liA\>ItO<IIIICfllal <>OOrdi- to<.: 

## MtoAo....-. Olll1>1r oJ Air**A&L:~"-.,ADA** 

# M:t,.._ ....s <CIPM INJ'! t.**~** ll>adc:

.... (>blot '"' _.,**~** fi><IO • tnotaa.**~·** o(**,_a(,.,..~-""""" f?>o~t**  -l>f•4 Ot ,.,......_., .. ..,..**~~ r...~n** **1 ~-~**  no<ioc**w~** l>t • 100 H. 5ftwllc ,._**~~-..,,..,....,..** ..ofll>t...,-,.<lf P.O. lloo. dOl' d>e "'-<L**llocl~bt..IH ~JO<\.«<H** 

f'et ..UIIonoiiM-aiHon• 'H call Ul1) Hl-GS44 M. ()11)

.... .so.- ,.,,._,_ 0(

..... l)).6(1f"t {TT). Plnw pi:IOWt • le.IIIN ()o.,..:lriVN af mlf'll- o(Jallootn NJIII\(.......-.**e:.nv~** Mar\tJt"CN'IIt. Otloe

# o(""' M"""'!"""''- ....,._**o"'"""""a~ Or~~~t•·~"on~t.**  100**~** S..,..... A..,.IM. lndt"'"90ff• ot au (3171**2.•:-r.~** or (81101 HI-«<V (lo**lndi""~** FelcU

### a. OooteAtiiUGI

## eo.--- <)!tar d. Ait "Utlll.-( 

## .

# -- 

# -- State of Indiana Cl4-rle:

--------- County St: Personally appeared before ce, a notary public in and for said co and state, the undert1cnedAnnet te n r<>wA vho. bein IVOr'll, s .ay s t h.t.t**~** he i**SB.a.ouo..~.!,;:..·**..**k;.ae::.e~pu:Q.o.<:.r**_________ _**E~v~e~n~1~n~~~~~~~e~u~s~------~-~-~~~~~-~~~~~~~new$pa** generaL circulation prloted and**publ1sh~d** in**tne'r.nel4~~ !~~:~~;~**  :.:..**(~:•tiX~) <~r**  .I..cffor:aoovi 11" 1u state and couaty af said, and that tbe printed matter att•ehed hereto is a true copy, va• duly publlshed in said. paper for

__ .........______ t1.me
-----· t dates of**publlc~~•oo** be1n& as follows: 

### Hue• 30, 1q96 

# 1

__

# _.,{___..~A""'J.~..<J.""-'1"'1_.;£~...,._--+6-~A~~W~-I"'L...:L..I Subscrf.bed and sworn to before me thls

## ~ : 

## !-t day of /:/' 

### M-f'J,.,, 

# ) "\ , 

## kJJ**k~** 

# ..**t..-,L~** 

## . " ,No.tary Public "- 

### ,..._ Hy commls&ton expires:

,J

# ATTACHMENT 

# K

# c · I 

## 2 3 4 

# s 6 7 

## 8 9 

# c 6 

## BBFORE

# nm STATE OF JNDIANA AIR. POLLunON CONTROL BOARD

PUBLICMBETINGOF J'ANUAR.Y 11,1996



# -·· PROCERJ)INGS


## bcf01e the

## IDdiana Air

## Pollution Con1r0l Board. taken before me, 

## SHARON K. 

## KENNEDY. 

## aNotary 

## Public inand for 

## tho State oflndiaDa, 

## County ofMarion, at

## 1he 

## Indiana 

## OovemmcmCemer • South, Auditorium**Co~** 

## Room, 

## 402 West Washiu&toA Street, Imtianapolia, Indiana,.on'Ibursday,lanwuy 11, 1996 at 

## 1:00 P.M.



# .....

## 1 2 3 

## 4 

## 5 6 7 

## 8 

## 9



## 23 

# ( APPEARANCES: BOARD MEMBERS: Jolm Bacone. Department ofNatural Resources
STAFF MEMBERS: Larry Fedor. Section Chief Kiran Verma. Administrative Assistant
PUBLIC SPEAKERS: (No Appearance)



## BY MR. BACQNE: 

# ( The January 11, 1996 meeting ofthe Air Pollution Control Board will come to order. A quorum ofthe Board is not present. My name is John Bacone and I am acting as chairman in the place ofChairman R.ariden who is not present today. Because a quorum ofthe board is not present today, all matters scheduled to be heard by the Board today, specifically, nine hearings on rulemaking actions. will be opened and continued to the next Board meeting. At this time,.is there anyone who wishes to present comments on any ofthe hearings noticed for today's Board meeting? (No Comments were made) All hearings on rulemaking actions noticed for today's Board meeting are continued to the next Board meeting, to be 

## held on Wednesday, February 7, 1996, at 1:00 P.M., in Rooms 4 & 

## 5 

## ofthe Indiana Government Center South Conference Center. lbis meeting is adjowned. 

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## I, Shanm K. 

## Kamcdy, 

## tho undersipocl Court Reporter 

## and 

## Notary Public residing in

## the City 

## of Indiaupolis, 

## Marion Couaty,IDdiiM, do 

## lunby certify 

## that 

## 1heforegoing 

## is a true 

## aud accurate 

## traDICript 

## ofthe 

## proceed.iDp tabo by

## me On January 11, 1996 

## intbiJ 

## m•tteraDd 

## tramcribed

## by 

# me.

Notary 

## Public in 

## and forthe State 

## O!Indiu•

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## 1 AIR POLLUTION CONTROL BOARD INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 2 Indiana Government Center South Indianapolis, Indiana 46204 3 

## 4 5 6 

### 7 

## 8 The Air Pollution Control Board 9 

## Meeting was held before Chairman David 10 Rariden, and reported by me, Marjorie A. 11 Addington, Notary Public in and for the County 12 

## of Hamilton, State of Indiana, CM, CSR: KS, 13 OK, CA, on the**~e~day** 

## of**~~&~, 199~,**  

## at 14 1:00 p.m., Indiana Government Center South, 15 Indianapolis, Indiana. 16 

### 17 18 

## 19 20 

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## 22 23 

## ACCURATE REPORTING OF INDIANA William F. Daniels, Prop., RPR/CP, CM 12922 Brighton Avenue carmel, Indiana 46032 (317) 848-0088 

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## BOARD MEMBERS and STAFF PRESENT: 4 

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## Chairman David Rariden 6 

## Mr. John Bacone 7 8 

## Mr. Jeff Bowe 9 

## Dr. James Miner 10 11 

## Mr. Howard Cundiff 

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### Mr. 

## Tim Method 13 14 

## Ms. Janet McCabe 15 

## Ms. 

## Felicia George 16 17 

## Mr. Russ Stilwell 18 

## Mr. Thomas Anderson 19 20 

## Mayor Sonya Margerum 21 

## Mr. Randy Staley 22 23 

## Mr. Craig Hartzer 

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## 63

CHAIRMAN RARIDEN: Motion is carried. Okay. Hearing on preliminary adoption of amendments to a rule regarding open burning. This is a public hearing before the Air Pollution Control Board of the State of Indiana concerning amendments to a rule of the Board at 326 IAC 4. I will now introduce 8 Exhibit E, the draft rules, into the record of 9 

## the hearing. 10 Is there anyone from the Department 11 12 who would like to comment on the rule? MR. METHOD: I was just going to 13 mention a little bit of what precipitated the 14 Department bringing this rule forward. There 15 have been a number of statutory changes to the 16 open-burning allowances within the state in 17 the last several General Assemblies, most of 18 them dealing with maintenance of drainage 19 ditches or burning of natural wood materials. 20 And so this rule is intended, one, to 21 bring our rules up to speed with the statute 22 and providing some additional exceptions based 23 on what the General Assembly has done. 

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## Secondly, we routinely over the years have processed a number of requests for openburning variances and in many situations we deal with the same types of requests from the
same entities over and over again, whether it be for fire training activities, prescribed burning, the State Police burns marijuana as a method of disposal, and a couple of other type situations. What we are looking to do here is incorporate a simpler method for those folks to gain approval to go forward with those types of burns when the conditions that we would include that part of the variance be specified right in the rule itself and, therefore, there's no need for a separate approval process. The intent, anyway, with this set of proposed rule changes is to not in any way increase any instances in which open burning would occur beyond what's been provided for under state law or under these rules that either include specific statutory exceptions

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## or they streamline the process for folks who previously were being allowed to burn under
our existing rules. So that's kind of a background of why we're bringing this set o f rule changes forward. Janet can be a little bit more specific in terms of what the rule changes include. I think you might have read in the Star this morning an ar t icle that related to
one element of the rule, changes that are before you today that dealt with prescribed burning. MS. MCCABE: Okay. you briefly through the rule, I'll just walk briefly I hope. We start out by adding some definitions to the rule. In the previous version of the rule there had not been definitions and over the years we got questions about things and so it seemed to make sense to add some definitions into the rule. We've had discussions with various parties about the specific definitions that are in here , so that's what that is. This r u le has been around for a 

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## while, and so there were several areas where
we thought it just made sense to kind of bring it up to date and clarify the language and make sure that it said just exactly what we intended it to say, and Section 1, the scope of the rule, is pretty much in that category,
we just wanted to make it clear that the purpose of this rule is to set forth under what circumstances and what types of burning could take place and also what the rule didn't allow, and in particular this rule is not to be interpreted as allowing anything that would be otherwise prohibited by local ordinance, for example, or state or federal law. The main section that's got most of the changes here is Section 3, the exemptions section. As 

## Tim said, over the years there have been certain types of situations in which the Department has granted variances and the conditions are usually exactly the same, and
so this just puts those situations into the rules, and if you read through them you know what they are.

### 67

1 

## Actually, the first section, the 2 

## first part of 3, Section (a), simply 3 incorporates into the regulation the statutory 4 language, so those are the types of burning 5 that is allowed by the statute, and then in 6 {2) the conditions that the statute sets 7 

## forth. 8 Then in (b) there are additional 9 conditions that apply to burning that is 10 allowed under this rule, and then in (c) it 11 

## lists the types of fires that are allowed, 12 13 14 15 

## these are the types for which variances have been sought in the past. In some cases some conditions apply but others don't. For example, burning to 16 create fire breaks is something that is a 17 particular kind of burning and so there would 18 not be the kinds of conditions on that that 19 there would be on a recreational fire, for 20 example. 21 

## One area where we worked on the rule 22 a little bit was in burning for habitat 23 maintenance purposes, which is an issue for 

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the DNR and the Parks Service and other agencies that manage habitats or wildlife areas, and so we have a specific exemption in there for them with appropriate conditions. We are proposing some changes to the Emergency Burning section to make it clear that emergency burning in certain situations
can occur with prior oral approval from the Department and then subsequent written approval. In Section 4.1, this was the old Variance section that made it clear that the Department could grant variances. what we're proposing is that, rather than go through the variance process, that this be considered an approval. And the main difference is that we are able to authorize it for more than one year. Under state law a variance can only be granted for one year and then it has to be renewed. An approval, we've said in here that the approval will generally be good for one

### 69

1 

## year unless it's the kind of burning that 1s 2 routine and can be planned for and in fact 3 there is a plan for it. 4 So if there's some organization that 5 owns a significant amount of habitat area and 6 they do prescribed burning to control that 7 

## area, they may have a burning plan for two or 8 three years and they know what they're going 9 to be burning and with that plan we can go 10 

## through the approval process and everybody can 11 

## be pretty comfortable about what's going to be 12 13 

## happening over that two or three-year period, and if there are changes to that plan, then 14 

## the rules provide that they come back to us, 15 

## but the approval goes through the same public 16 

## notice and appeal processes that the variance 17 

## would have. 18 

## We've provided in the rule that the 19 

## Department may delegate the authority to issue 20 approvals to local agencies upon demonstration 21 

## that they have legal authority to do it and 22 would do it in a manner that would be 23 consistent with these rules, which is a new 

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## provision. Then later on in the rule are provisions dealing with air curtain destructors and a couple of changes here that I want to point out. The types of burning for wh i ch this rule now provides an exemption, we are also proposing that if you're going to be using an air curtain destructor in that burning, that that also is exempted from going through a specific approval process at the Department. MAYOR MARGERUM: Would you tell us what an air curtain destructor is? MS. MCCABE: Well, there are probably people who can do it better than I. It's a device that is used to control the emissions from the burning. Is that fair? MR. METHOD: 

## Well, you generally, basically, dig a trench and you put an apparatus 

## in it and you put like natural, you know, limbs from trees, et cetera, in it and it has a fan that allows more air to get in it, so it allows the material to get burned

### 71



## 1 more efficiently than just piling it on the 2 

## ground and lighting a match, but it's still 3 

## considered open burning, it's not an 4 

## engineered device like a boiler or an 5 

## incinerator, but it does promote more 6 

## efficient combustion, it makes the air go 7 

## through a little bit better. 8 

## MS. MCCABE: In addition, we're 9 

## proposing to eliminate the fee that is 10 

## associated with getting approval for an air 11 curtain destructor. 12 13 14 15 

### 16 17 

### 18 19 

## 20 21 And then in the Air Curtain Destructor Approval Condition section we're just making it much more explicit in the rules the kinds of conditions that would routinely go into a letter of approval for those devices. So that's a quick run-through of the specifics. MR. BOWE: So did you get rid of high school pep rally fires? MS. MCCABE: I think that they ' re 22 included within the term "recreational fires ." 23 

## MR. METHOD: It depends on what high 

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## school. 1 2 

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. MCCABE: I think they would be included within the term "recreational fire." MAYOR MARGERUM: Under (c) (2), the 5 

## following types of fires are allowed, "private 6 

## residential burning"? 7 

## MR. METHOD: In a proper container. 8 

## MAYOR MARGERUM: We have local 9 

## ordinances that prohibit that. 10 11 

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## MR. METHOD: Right. MS. MCCABE: Many places do. MR. BOWE: You can have a local ordinance stricter than this, but in the 14 

## absence of a local ordinance, this would be 15 

## the

-- 16 

## MR. METHOD: We don't recommend it. 17 

## MAYOR MARGERUM: No, I understand. 18 

## MR. ANDERSON: And the prohibition in 19 

## the nonattainment counties 20 21 

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## MS. MCCABE: It's been moved to a different part of the rule but it's still there. MR. ANDERSON: Okay.

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## MR. HARTZER: Mr. Chairman? CHAIRMAN RARIDEN: Yes. MR. HARTZER: From a very new Board member, does this seem a bit prescriptive, these rules? I mean, "total of no more than 14 gallqns of 11

-- 

## Well, let me put it this way, let me ask it a different way. MR. METHOD: The answer to that 9 question is no. 10 11 

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## MR. HARTZER: Who administers and enforces the language in this rule? MR. METHOD: The Department does. 13 MR. HARTZER: Does it strike you 14 as -- It's probably just me as a bit 15 

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## 17 18 19 .20 

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## prescriptive? prescriptive? Prudent, obviously, but

MR. METHOD: I guess another way of looking at it, there are several different situations which folks would like to do some open burning that clearly are for legitimate
reasons that ought not create a nuisance or an environmental problem for folks that would be 23 around it, but fire training, for example, 

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## would be a good example, you've got to allow open burning for fire training but you've got to put some bounds on it because someone may say this is a fire training exercise but it clearly imposes a threat on human nature, and every example has that type of situation, so you've got to draw a line someplace and I guess that's where the prescriptiveness comes in is where you draw that line. So if you're talking about clean petroleum products, well, how much? Can you just get automatic approval for coming forward and just making your case to the Department and the public? And I think what we tried to do is in situations where you get kind of the automatic approval if you're within these bounds, then here's the standards that would apply. MR. HARTZER: I certainly admire the willingness to delegate this to a local authority, I think that's a real step in the right direction. I was just thinking in terms of brevity, I mean when you say a person

## 75 

## ( 1 when you put in the rule "a person who open 2 

## burns shall extinguish the fire if the fire 3 

## creates a nuisance or fire hazard" 4 MR. METHOD: What we've done there is 5 

## just within the rule include the same type of 6 

## conditions that we would've in a variance 7 

## approval, but before they would send their 8 

## variance application to us, we would give them 9 

## a letter of approval that outlines the 10 

## conditions under which you could burn which 11 

## would prevent a nuisance and we just put those 12 

## same conditions in the rule so that they don't ( 13 

## need to go through that paperwork to give us 14 

## that variance application, so now it's real 15 

## clear up front what they need to do. 16 

## MAYOR MARGERUM: So under the 17 

## recreational and ceremonial fires, which would 18 

## seemingly be a local issue, but these would be 19 

## the conditions under which there should be 20 guidance for the local? 21 MR. METHOD: Right. 22 CHAIRMAN RARIDEN: I 

## think your local 23 fire departments will

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## MS. MARGERUM: have this authority. They would like to

CHAIRMAN RARIDEN: Plus the neighbors. MR. HARTZER: Well, thank you, Mr. Chairman, appreciate it, appreciate your patience with me. DR. MINER: How about the ruling for burning for the purpose of heating, the dates, is that heating on a more business level or heating for individual persons in the state of Indiana? If it's chilly in September, they're not to use their wood-burning stove? MS. MCCABE: This is primarily for construction sites. MR. METHOD: It gets cold out there. MAYOR MARGERUM: And this would cover wildlife, burning of wild flowers where you would have a burning in the fall, would that be under the Land Management section? MS. MCCABE: Well, we're not encouraging burning of wild flowers, but MAYOR MARGERUM: Well, but that's

## 77

1 

## part of the

-- 2 MS. 

## MCCABE: Land Management. 3 

## MAYOR MARGERUM: Okay. 4 

## CHAIRMAN RAR!DEN: Any other 5 

## questions from the Board? 6 7 

## (No response.) CHAIRMAN RARIDEN: Commenters will be 8 

## given approximately five minutes to provide 9 

## testimony. At this time I 

## would like to call 10 

## Jim Barnett. MR. BARNETT: Thank you, Mr. Chairman and members of the Board. My 11 

## 12 13 

## name is Jim Barnett. I am Director of Natural 14 Resources for Indiana Farm Bureau, 15 Incorporated, and my very brief comments are 16 simply to commend before the Board the 17 activities of the staff as we worked through 18 several drafts of the proposed rule. 19 I think that what you have before you 20 is in keeping with the legislation and we're 21 particularly interested and pleased to see as 22 it relates to orchards the debrushing activity 23 along ditch banks and burning of abandoned 

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## So I would encourage favorable consideration by the Board for this rule as proposed. CHAIRMAN RARIDEN: Thank you. Andy Knott. MR. KNOTT: Thank you, Mr. Chairman and members of the Board. I'm Andy Knott with the Hoosier Environmental council, and I just want to express some general concerns that we have about the prescribed burning aspect of this rule. I anticipate that we may follow up with more specific concerns from other staff from the Hoosier Environmental Council as well
as some of our member groups who we believe share these concerns. What we're worried about is that by removing the check, the one check that we have here with IDEM in 

## reviewing variances from
some of the public land management agencies that that is a streamlining that will make it easier for the use of more prescribed

## 1 burning. 2 

## In general, we feel**~hat** 

## some of 79



## 3 these public land management agencies, such as 4 DNR and the Hoosier National Forest, are using 5 prescribed burning, they're actually overusing 6 it as a management tool, especially in 7 southern Indiana in certain types of forest 8 communities like Upland Oak Barren 9 communities, and we don't believe that that 10 policy should really continue in terms of 11 12 

## expanding the use of prescribed burning, and
we just feel having IDEM review variances is 13 at least one other check outside of these 14 other agencies that we have and would urge you 15 to keep that in place. Thank you. 16 CHAIRMAN RARIDEN: Thank you. 17 MR. CUNDIFF: The issue you brought 18 up, isn't that really an i ssue to be addressed 19 through DNR and how they do their operations, 20 rather than using IDEM as the

-- 21 MR. KNOTT: I believe it's both 22 agencies that should be involved, yeah. DNR, 23 the US Forest Service, those agencies have 

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## policies that we try to affect in a positive way. We believe that by streamlining this Open Burning Rule that you're eliminating that
one other check that we might have on that system. MR. 

## BOWE: How often do you turn down variances, a rough percentage, 1 

## percent? MR. 

## METHOD: 

## I don't know the answer to that. We probably deny, you know, 5, 10 

## percent, maybe, based on my recollection. MS. GEORGE: 

## MR. METHOD: At 

## least, at least. Many other situations they don't get to the point of applying or they withdraw their application because we indicated that this is a type of activity that would not be approvable. MS. 

## GEORGE: We have someone that goes out upon request for most of these variances, or a lot of them, especially if they're one-time deals, to check and talk to the person that's proposing the burning. And, obviously, if it's totally out of line, that indication is given, they probably won't

### 81



### 1 bother with the variance, although, of course, 2 

### they're welcome to file the application for 3 

### it. 4 

### MR.**BOWE~** 

### And would that ratio of 5 

### rejections apply for agencies like the DNR 6 

### also or would that be an overall

-- 7 

### MR. METHOD: Probably not. I 

### think 8 

### most of the instances we find ourselves in are 9 

### people who want to do a one-time burn that 10 

### seems large or folks who are wanting to burn 11 

### on a continuous basis waste materials that 12 they're generating and that's the type of 13 

### thing that we just ordinarily do not issue 14 

### variances on. 

## 15 MR. BOWE: So you don't see this as 16 

### necessarily making it easier for the DNR to do 17 

### more prescribed burning, except for saving 18 

### paperwork process, it doesn't really broaden 19 

### how they can use it, 

### it just makes it easier 20 

### 21 22 23 

### for them in terms of administration? MS. GEORGE: The parameters of conditions and stuff are no different. It's just that the rule prescribes it rather than 

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the variance prescribing it. MR. CUNDIFF: I would think the DNR staff would be quite familiar with what the rules allow and what they don't allow and probably would never submit an application if they didn't

-- MR. BOWE: Andy, do you see more control to the citizens group under the current structure or under this structure in terms of keeping

-- As they said, the 30 percent of citizens they have problems with, do you see the current situation giving them
more ability to control that or this giving them more ability to control that in terms of how to react if somebody either doesn't file a variance and burns or burns in opposition to this set of rules? MR. KNOTT: I'm really not prepared to comment on how this affects the application by private citizens for variances. At this point it's not really a concern of ours, and we're more concerned about just the practice of prescribed burning and how we feel it's

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### 1 

## being abused. 2 

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## MR. ANDERSON: A question, I guess, for the staff. Now DNR and the Parks Service
were in the exemptions. Now the 

# us Forest 5 

## Service wasn't written in? 6 7 

# a 9 

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## 12 with the

changes. MS. MCCABE: They're in now. MR. METHOD: They would be now. MR. ANDERSON: But they are in now changes? MS. MCCABE: Right. MR. ANDERSON: So that's one of the

Maybe a question to Andy. What has 13 

## the Forest Service been doing for the 14 

## prescribed burns, have they been applying for 15 

## variances and

-- 16 17 

## MR. KNOTT: I 

## believe they have. CHAIRMAN RARIDEN: Tom, I 

## have Ellen 18 

## Jacquart from the Forest Service. 19 20 

## MR. ANDERSON: Okay, all right. MR. KNOTT: To briefly respond to 21 that, Tim Maloney is our natural heritage 22 director and he couldn't be at this meeting 23 today and I really wanted to get our general 

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## concerns out there into the record so that we could expand upon them later if that's necessary, and we also feel we have some member groups that may want to expand on these comments as well. Thank you. CHAIRMAN RARIDEN: Thank you, Andy. Ellen, would you like to
-- MS. JACQUART: If there are other member groups that want to respond first, that's fine. CHAIRMAN RARIDEN: You're next. MS. JACQUART: Okay. Good afternoon. Thank you. My name is Ellen Jacquart. 1 1 

## m from the Hoosier National Forest. I'm the Ecosystems Team Leader there for the Brownstown Ranger District and I am here today to speak on behalf of the Forest Service. I want to first thank IDEM and the staff for all of the help they've given us through the years on variances, exemptions to the Variance Rule for burning. Prescribed burning is an extremely

### 85



## 1 important management tool for the Hoosier 2 National Forest as well as many other land 3 management agencies in the state. We use it 4 for a wide variety of reasons, anything from 5 converting non-native pine plantations back to 6 Indiana native hardwood stands. 7 

## As Andy mentioned, we do use fire in 8 Barrens, which is 

## a rare community type found 9 in southern Indiana, has many rare species of 10 plants and animals depending on that 11 12 community. It is a fire-dependent community. We do use fire to manage it and perpetuate 13 

## that rare community type. 14 We have for the past several years 15 applied for and received variances for every 16 burn that we have done on the forest. We 17 early on in the process found that we have 18 duplicate regulations. The same restrictions 19 that IDEM requires us to follow we already 20 have in our regulations. 21 It is already part of our rules that 22 23 

## we must contact and talk with the adjacent landowners next to burns. We must specify the 

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weather conditions under which we burn, the
same kinds of restrictions. So it was really just a duplicate process each year assuring you that, yes, we intend to follow what are also our regulations in regards to prescribed burning. I will say at this point we have no intentions of increasing the amount of prescribed burning that goes on on the forest. On average we probably burn 750 to a thousand acres each year. There are some years where it's more. There may be years when we don't do any burning. It's very weather-dependent on how much is done. This rule should not influence in any way the number of acres that we burn. It simply makes it administratively easier for us as well as for IDEM since we would not have to go through the exemption process. MR. 

## BOWE: What number of acres are burned per year by lightning? MS. JACQUART: Very few. MR. BOWE: In this state very few?

### 1 

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### 87



## MS. JACQUART: In this state in the past 40 years there may have been a few lightning-caused fires. There's a lot more**~n** 

### 4 

## the way of arson-caused fires. We had a few 5 of those on the forest last year. Very few 6 are lightning. 7 MR. BOWE: What would the number of 8 

## acres be on arson then? I'm trying to get a 9 handle on how much is 750 to a thousand acres 10 

## 11 12 

## of controlled burning in relation to other types of burning that happens. MS. JACQUART: Arson fires on the 13 Hoosier National Forest, which is about 14 194,000 acres, I was on an arson fire that was 15 about 65 acres, I think there were a few 16 

## others, no more than 20 acres in size. So for 17 us, maybe a hundred acres a year for arson 18 fires. It varies, again, greatly. There are 19 some years we get a lot, again weather20 dependent more than anything else. 21 MR. ANDERSON: I guess a question. 22 In the variance procedure that you apply for 23 is there an assessment of alternatives to the 

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## request that has to be considered? For example, I guess the specific point, one of the things you said that you use prescribed burning for was to convert pine forests, and I would anticipate there's alternatives to the conversion, but that's one of the things that you use the tool for. For example, if you applied for a variance would you say "Well, you know, we could go in and individually cut pines," blah, blah, blah? Now, something that is a fire-dependent ecosystem, you know, seems to have fewer alternatives for a prescription on that particular area of land. How would those kinds of differences be dealt with in this rule, I guess, or it wouldn't be considered that there would be alternatives to a particular fire strategy, that they would just be allowed by exemption; that any of these reasons, in other words, whether it's converting pines, or whatever, they would be allowed to do it under this particular

### 89

1 

### MR. METHOD: We routinely for 2 variance requests ask the applicant to 3 identify alternative methods of disposal. 4 Now, most of our variance requests deal with a 5 

### disposal material exception, maybe a fire 6 

### training type of request
. 7 

### For prescribed burning, I 

### guess I'm 8 

### not aware -- I 

### mean, that doesn ' t necessarily 9 

### apply, you're not talking about disposal in 10 

### that sense, and we're not land management 11 

### experts and wouldn't necessarily have a set of 12 

### criteria that we would 13 

### MR. ANDERSON: So you really don't 14 

### usually accept that type of 15 

### MS. JACQUART: If I 

### can comment on 16 

### that. Under the National Environmental Policy 17 Act we are required to assess alternative 18 methods of reaching the same goal, so we do**~9** 

### environmental assessments and decision 20 documents regarding what other ways could we 21 meet the same goal and then we pick what we 22 feel is the most efficient and effective way 23 to meet the goal, so we do consider other 

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## alternatives. 1 

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## MR. ANDERSON: So those environmental 3 assessments would be still part of what you 4 

## would do even with this rule? MS. JACQUART: Yes, yes. CHAIRMAN RARIDEN: Yes, Jeff. 5 6 7 

## MR. BOWE: Looking at this rule, this 8 

## is not something that's required to be 9 

## addressed by the Clean Air Act, am ! 

## correct, 10 

## this is more something IDEM would like from an 11 

## administrative detail process to make their 12 

### 13 

## job easier? MS. GEORGE: Well, also to be 14 

## consistent with the present state statute. 15 

## There have been several amendments to the Open 16 

## Burning Statute 1n the past couple of years. 17 

## MR. BOWE: Okay. 18 

## CHAIRMAN RARIDEN: Any other 19 

## questions? 20 (No response.) MS. JACQUART: Thank you. CHAIRMAN RARIDEN: Thank you. I have 21 22 23 

## no other cards. Is there anyone else who

### 91



## 1 would like to testify on this proposed 2 3 4 

## amendment? (No response.) CHAIRMAN RARIDEN: This hearing on 5 

## amendments to 326 

## IAC 4 

## is now concluded

. 6 

## Board action on preliminary adoption of 7 

## amendments to the rule regarding open 8 

## burning

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## MR. HARTZER: So moved. CHAIRMAN RARIDEN: moved to preliminary adopt.
se c ond? Okay. It was Do I 

## have a

MR
. CUNDIFF : Second

. CHAIRMAN RARIDEN: Mr
. Cundiff seconds. All those in favor signify by saying 16 11 

## aye. 11 

## 17 (All respond "aye 11 .) 

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## 19 sign. 20 21 

## CHAIRMAN RARIDEN:
(No response.) CHAIRMAN RARIDEN: Contrary same

Motion carried. 22 The Chairman is going to have to leave in 23 

## about 15, 20 minutes

. There will be other 

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## CERTIFICATE
STATE OF INDIANA SS: 

## COUNTY OF HAMILTON I, Marjorie A. Add i ngton, the undersigned Court Reporter and Notary Public residing and maintaining offices in the City of Carmel, Hamilton County, Indiana, do hereby certify:

That I 

## reported to the best of my ability in machine shorthand all of the word s spoken by all parties in attendance during the course of the meeting;

That I 

## later reduced my shorthand notes into the foregoing typewritten transcr i pt form, which typewritten transcript is a t rue record to the best of my ability of the meeting;

That I 

## am not a relative or employee or attorney or counsel of any of the parties, nor am I 

## a relative or an employee of such attorney or counsel, and that I am not financially interested in this action.
IN 

## WITNESS HERETO, I 

## have affixed my }- Notarial Seal and subscribed my signature below this 19th day of**~ O.~J**  

## February, 1996. ( 

# lCYA\**lJ~_,l** 

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· (Seal) Notary Pub l ic County of Residence: Hamilton My Commission Expires on: August 17, 

## 1999

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## BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF MAY 1, 1996 

# ORIGINAL

PROCEEDINGS before the Indiana Air Pollution Control 1



## Board, taken before me, Lindy L. Meyer, 3r .• a Notary Public in and for the State of Indiana, County of Shelby, at the Indiana Government Center South, Conference Rooms 4 and 5, 402 West Washington Street, Indianapolis, Indiana, on Wednesday, May 1, 1996 at 1:05 o'clock p.m.

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

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## APPEARANCES: BOARD MEMBERS: Thomas Anderson, Chairman Sonya Margerum. Randy Staley Dr. James Miner, M.D. John Bacone, Proxy, Department of Natural Resources Craig B. Hartzer, Proxy, Lieutenant Governor Thomas 

# w. Rarick, Technical Secretary JauNae Hanger, Legal Counsel
IDEM STAFF MEMBERS: Timothy J. Method, Deputy Commissioner Felicia R. George, Asst. Commissioner .Janet McCabe
PUBLIC SPEAKERS: Ellen Jacquart 2



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## the record. If a prior speaker has given your comment, please just endorse that statement rather than repeating the statement. A written transcript of the hearings will be made. The transcript and any written submissions will be open for public inspection at the Office of Air Management. Copies will be made for the cost of copying. Will the official reporter for the cause please stand, raise his right hand and state his name? (Reporter sworn.) 

## CHAIRMAN ANDERSON: The purpose of these hearings is to give all interested persons an opportunity to comment on the amendments. Comments should be directed to the substance of the proposed regulatory additions or amendments. A public hearing on final adoption of amendments to 326 IAC 4, Open Burning. This is a public hearing before the Air Pollution Control Board of the State of Indiana concerning amendments to rules of the

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## 22 23 Board at 326 lAC 4, Open Burning. I will now introduce Exhibit A, the proposed rules, into the record of the hearing. MS. MCCABE: we•ve got it. CHAIRMAN ANDERSON: Okay. Is there anyone from the Department who would like to comment on the rule? MS. MCCABE: That•s me. CHAIRMAN ANDERSON: That•s Janet. MS. MCCABE: Thank you. For those of you who were here at the February Board meeting, you'll probably remember these rules. The Department undertook a rulemaking to amend the Open Burning rules, for the most part to make them consistent with some recent statutory amendments that had happened over the last couple of years. 21 

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We also took the opportunity at the time to make some improvements to the way the rule works, and specifically the process that the Department now goes through to grant variances to the general prohibition on open 

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## burning. We find that we are routinely granting variances for certain kinds of reasonable open burning, and rather than put the Department and the applicant through a variance process each time, it would make more
sense and be more efficient to set out the requirements in the rules so that everybody understood what kinds of burning could go on, and then no various process would be required. And so, I won't go through everything, since I think most of you are pretty familiar with that. We had some -- a few mention at the first hearing and the response to those com -- the Department's response to those comments is in your Board packet. The Department is making several recommendations to the Board today for changes to the rule prior to the final adoption, and
on the table in front of you, you should have another version of the Open Burning rule, which has just a few last changes that we're recommending based on some further discussions

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## that we•ve had with

-- internally and with
some external folks. So, my job, I guess, is to go through and just touch on each one of the changes, as I always do, to make sure that everybody's clear on what those changes are, and they have an opportunity to comment· on those if 

## they wish to, at this hearing. 

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I'll try to hook them together. A number of the changes that we're recommending have to do with clarifying and consolidating a couple of definitions that we found were duplicative in the rule, so that's what a lot of these are about, and in several other places we're improving the clarity of the language or removing redundancy or whatever. The document that you have on your table is a little bit easier to follow along because the shading shows up in 

## this copy better than it did in the Board packet. So, I'll just walk through these. 

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on the first page we found that

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## we had two definitions that were overlapping and pretty much duplicative, so we're eliminating the definition of clean, uncontaminated petroleum and using instead the definition of clean petroleum products, which should make that simpler. On the second page, as you'll remember, there's a provision in the rules for If 

## burning in the case of a natural disaster. there's a tornado or hurricane or whatever that causes a lot of damage, oftentimes burning is an appropriate way to clear up a lot of that debris. We've had situations where such natural disasters resulted in a number of animals being killed, and burning
was the appropriate way to dispose of them as well as quickly and safely, and so we have added that into this definition as well. At the bottom of page 2, there is a slight change in the scope of the rule section. Rather than refer in something of a little bit complicated way to various sections of this rule, we simply are referring to the

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## underlying state statute, which sets forth as
a statutory matter what kinds of burning are permitted, so that seems like a clear way of referring to those particular provisions. On page 3, we are suggesting that the Board make a change. We had a comment from someone who suggested that the original wording suggested that the Department

-- or that the rule was suggesting that burning was a type of recycling, and that
was not our intent to have the rule read that 

# ( way, so we simply changed the wording to make it clear that we would always encourage alternatives to open burning in all cases. In the bottom of that page, in Section 3(a), this is the section where we simply lift the language from the statute and put it into the rule, so there's absolutely no question that our rule is following the statute. We realize that we had the words "for maintenance purposes" in the rule twice

-- it's up in the very first line, Section 3(a)

-- so we're suggesting that the (

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## Board delete it down in item (D). On page 4, the only changes there relate to the definitional changes that I mentioned up on the first page. 26



## On page 5, there's a grammatical clarification relating to the four Indiana ozone nonattainment counties that are treated differently in terms of residential open burning. That's a change kind of about two-thirds of the way down the page, and then the next change similarly is a change to make the language consistent with the definition up in the definitions section. On page 6, this is simply to clarify the rule. This is**th~** 

## section that has to do with wildlife management, burning, that we had an exception for fire fighting and prevention kind of stuck up, up in the rule language, in a way that made the sentence a little bit complicated. We just simply brought that down to the end · of that section, which we believe is a clearer way of saying i t . 

## Similarly on this page, we're adjusting

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## the definitions in a couple of places to be 2 

## consistent with how we're changing the 3 

## definitions. 4 

## About two-thirds of the way 5 

## down the page, we've simply done a grammatical 6 

## change in terms of notification of fire and 7 

## health departments. In (8)(B) there on 8 

## page 6, this is in the section that talks 9 

## about fire extinguisher training. In our 10 

## experience, oftentimes people will use some 11 

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## something that's an enclosed area for their 14 

## fire extinguisher training, and we didn't want 15 

## to preclude people using those kinds of areas 16 

## for fire extinguisher training, so we added 17 

## that in. 18 

## On page 7, we•re at the 19 

## emergency burning section, and again, we've 20 

## added in the animals to that. We've also 21 

## added a sentence to just clarify that in 22 

## giving an approval over the phone, an oral 

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## Commissioner may want to establish some conditions on that burning and that those conditions then should be reflected in the written approval that is issued ultimately. 28



## The change on page 8, again, is related to making the language in the rule consistent with the definition. There is no change on page 9. On page 10, the second half of the page, this was a provision that the Board preliminarily adopted, where the Department would have the discretion to delegate to a local agency the authority to carry out the provisions of this open burning rule, and when
we brought it to the Board in February, we said that the Department could do that except in a nonattainment area. And as we thought about it more and talked with some of our local agencies, we realized that it wasn't really necessary to put that kind of a limit in the rule, and that in 

## some cases local agencies do in fact have delegation to administer the open burning rule

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## on behalf of the Department, and we shouldn't be precluding ourselves in this rule from doing that. This doesn't mean we have to. It simply means we have the authority to do so if the local agency can satisfy the conditions that are set forth in the rule. So, we're suggesting that the Board strike that limitation out. On page 11, that is simply a grammatical change to make it clear that it's the burning activity that is exempted rather than a person who is exempted. 

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-- these are the last two changes. On page 12, at the top of the page, we found that the term that we used in this rule for sunset is official sunset. In many cases there's a condition that a fire be extinguished by sunset, and we found that in one case we left out the word "official." "Official" means sunset as determined by the National Weather Service. And then the last change has to do with air curtain destructors. The

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## similar to the rest of the rule, what we're trying to do is put into rule the kinds of conditions that we would routinely put into an approval letter so that everybody is clear up front on what the conditions are. We had a number of conditions on how air curtain destructors would operate, and we had some recommended changes simply to the way that equipment is set up to make the air curtain destructor function efficiently and properly. So, those are the Department's recommended changes to the preliminarily adopted rule, and we would request that the Board consider those prior to the final adoption. 

## CHAIRMAN ANDERSON: any questions from the Board? (No response.) CHAIRMAN ANDERSON: Are there

Commenters will be given approximately five minutes to provide testimony. At this time, I've got just one attendance card. I'm not sure if Ellen Jacquart, if 

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## comment at this time. MS. JACQUART: My name is Ellen Jacquart. I'm the ecosystem team leader on the Hoosier National Forest, and I was here primarily for clarification today if any additional questions came up. Last time there
were several questions, and I wanted to make
sure if there were - any further this time, I could answer them. But I would like to say that I would like to thank IDEM, and Air Control particularly, for all the help that they gave
us in working with us on developing the rule language. The cooperation was great, and we appreciate that we've gotten this far. So, if there are any questions, I'd be glad to answer them. CHAIRMAN ANDERSON : I don't think there are any questions. Thank you. MS. JACQUART: Thanks. CHAIRMAN ANDERSON : Thank you. I have no other cards. Is there anyone else who would like to testify on these proposed 

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amendments? (No response.) CHAIRMAN ANDERSON: This hearing
on final adoption of amendments to rules at 326 IAC 4 is now concluded. Board action on final adoption of amendments to rules at 326 IAC 4, open burning. At this time, I'd like to introduce Exhibit Al, which are the amendments to the Open Burning proposed rule. We'll go to board discussion. Are there any questions for the staff? (No response.) CHAIRMAN ANDERSON: Okay. We' 11
now -- I would like to consider a motion to adopt any specific amendments to the rule. MR. BACONE: So moved, Mr. Chairman. DR. MINER: Second. CHAIRMAN ANDERSON: It's been moved by Mr. Bacone, seconded by Dr. Miner, to adopt the specific amendments. We'll just take a voice vote. All in favor, say aye.

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## MS. MARGERUM: Aye. MR. HARTZER: Aye. MR. BACONE: Aye. DR. MINER: Aye. MR. STALEY: Aye. CHAIRMAN ANDERSON: Aye.

Opposed? (No response.) CHAIRMAN ANDERSON: The amendments have been adopted. I now would like to entertain a motion to final adopt amendments to rules on Open Burning as amended. MR. BACONE: So moved, Mr. Chairman. MS. MARGERUM: Second. CHAIRMAN ANDERSON: It's been moved by Mr. Bacone, seconded by Mayor Margerum, to final adopt, and I will now go on
a roll-call vote. Mr. Staley? MR. STALEY: Aye. CHAIRMAN ANDERSON: Mr. Staley 

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## 23 votes aye. Mayor Margerum? MS. MARGERUM: Aye. CHAIRMAN ANDERSON: Mayor Margerum votes aye. Mr. Hartzer? MR. HARTZER: Aye. CHAIRMAN ANDERSON: Mr. Hartzer votes aye. Dr. Miner? DR. MINER: Aye. CHAIRMAN ANDERSON: Dr. Miner votes aye. Mr. Bacone? MR. BACONE: Aye. CHAIRMAN ANDERSON: Mr. Bacone votes aye. The rule has been final adopted by unanimous vote. We'll now move to the public hearing on final adoption of amendments to 326 IAC 8-1-2, Dip or Flow Operations at Miscellaneous Metal Coating Operations. This is a hearing before the 34

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## CERTIFICATE 2 

## I, Lindy L. Meyer, Jr., the 3 

## undersigned Court Reporter and Notary Public 4 

## residing in the City of Shelbyville, Shelby 5 

## County, Indiana, do hereby certify that the 6 

## foregoing is a true and correct transcript of 7 

## the proceedings taken by me on**~ednesday,** 

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## May 1, 1996 

## in this matter and transcribed by 9 

## me. 10 11 

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## Lindy L. Meyer, Jr., 13 

## Notary Public in and 14 

## for the State of Indiana. 15 16 

## My Commission expires October 19, 1996. 

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# ATTACHMENT 

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I TITLE 326 AIR POLLunON CONTROL BOARD

DEVELOPMENT OFAMENDMENTS TO RULES CONCERN· 

### JNG OPEN BURNING pURPOSE OF NOTICE The Indiana Depanment ofEnviroomeocal Management (IDEM) haS developed draft rule language for amendments to open burning rules. By this notice. 

### IDEM is soliciting public comment on the draft rule language. HISTORY First Notice of Commem Period: February I, 1994. Indiana Register (17 lR 1025). CITATIONS AFFECTED: 326 lAC 4-1.{)

.5; 326 lAC 4-1-1; 326 lAC 4-1·2: 326 lAC 4-1-3; 3261AC 4 · 1-4: 3261AC 4-l-4

. 1: 326 lAC 4·1-4.2: 3261AC 4·1-4

.3: 326 lAC 4

- 1

-5: 326 lAC 4.J.6; 326 lAC 4-1·7: 3261AC 4·1·8. AUTHORITY: IC 13

- 1

- 1-4; IC 13 ·7-7-1. SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING In 1993 and 1995, the Indiana General Assembly passed legislation amending IC 13

-l

- 1.2, the statute chat authorizes open burmng an certain situations. These amendments addressed the open burning of vegetatiOn, wood products. certain clean petroleum products, wooden remnants from the demolition of a structure, and the conditions under which burning may occur. IDEM has developed amendmeru.s 10 the open burning re&ulations to incoi"Jl()rate the recent statutory amendments and maJce certain other revisions to the rules intended to clarify thelt meaning and simplify their implementation. These proposed amendments are the result of the department's experience in administerin& the open burning statute and rules. as well as comments the department has received in recent years. At this time, IDEM is requesting public inpu1 on specific rule language. This notice serves as the second formal opponuniry for interested members of the public to provide input to IDEM in the development of amended rules regarding open SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD IDEM requested public comment from February I
. 1994

. through March 2

. 1994. on alternative ways co achieve the pui"Jl()se ofthe rule and suggestions for the development of draft rule language

. No comments were made in response co this First Notice

. However. IDEM did receive commeru.s relative co the open burnmg rules during one (I) public comment 

### period for l.SA Notice #93-6 (LSA Document #94·117), a rulemalcing specific only co the ban of**resideru~l** open burning in four (4) counties

. 

### The depanment stated that these comments would be forwarded and replied to during this rulemalcing, concerning all the open burning rules. The following comments have been forwarded and responded to in this notice: Amoco Oil Company (AOC) Browning

-Ferris lndusuies (BFI) Buckeye Pipe Line Company (BPLC) Depanment of Botany and Plant Pathology. Purdue Universiry (DBPP) Depanment of Natural Resources (DNR) 

# IC 13-7-7.1 Notices
Indiana Farm Bureau. Inc. (IFB) lndiana Michigan Power Company (IMPC) Lisa Tokary (L T) Linda Luttringer (LL) Christine Drapac (CD) Eric Voris (EV) Rebekah Perez (RP) 

### Sarah Neff (SN) Dawn Tall (DT) Marisela Melendez (MM) Ann Piechot.l (AP) Lanm Keister (LK) Denise Henry (DH) Karen Acker (KH) U.S. Forest Service;-U.S. Dept. of Agriculture (USDA)**Comm~nt:** The U.S. Forese Service. the Department of Agricul· ture. and the list ofexemptions from IC 13-1-1.2-1 and lC 13-1·1.2-2 should be included in the list of exemptions from the approval requiremeru.s in 3261AC 4-1·3 for controlled habit.lt burning. (DNR) (USDA) (AOC)**R~sponu:** 326 lAC 4-1-3(5) has added the U.S.**Fore~** Service. the U.S. Department of Agriculture. and the staMory exemp1ions as exemp1 from an approval submittal for habitat control burning. The 1wo (2) federal agencies are required to prepare formal burning plans that provide detail on location. extent, and precau1ions prior to conducting any open burning. These plans are public documents and provide information to IDEM about lite bums and assurances that criteria in rules will be met. · Comnumt: Several commentators requested that exemptions for natural area burnings be extended to burnings conduc1ed by the Nature Conservancy. Friends ofGibson Woods. and Shirley Heinze Environmental Fund. (lT) (Ll) (CD) (EV) (RP} (SN) (DT) (MM) (AP) (LK) (DH} (KH)**R~spons~:** The depanment is proposing that exemp1ions be allowed for burning undertaken by Stale and federal agencies because those agencies are required to prepare formal plans prior to conduct· ing any burning. A private organization may seek approval to conduct such burning. 

### The approval process serves the purpose of a detailed burning plan. provides an opponuniry for public notace, and allows the department 10 oversee the amount of ma1erial being burned. locations, number ofburns. and organizations being allowed to burn while ensuring compliance with aU conditions for burning.**Com~nt :**  The rules should allow the burning of vegetatiOn on agricultural operations for maintenance purposes and should not limit the rypes of vegetative mauer to be burned. The incorporauon of burning into an Integrated Pest Management Program is necessary so that**Chri~mas** tree growers can control diseases

. (lfB) (DBPP) 

### Ruponu: 3261AC 4·1-3 has been amended co allow the burning ofvegetation for maintenance on a farm, orchard. nursery,lree farm. ceme1ery. or drainage ditch. The burning of tree stumps as not exempted due co the prolonged amount of daylight and night time hours necessary 10 complete such a bum. Burning for puf1>0Ses of land use change is not exempted in the statute and is sub j ect 10 the approval process which enables the depanment to evaluate the locations of and number of burns. amount of material burned. and assurance ofcompliance with all conditions for burning.**Comm~nt:** Open burning approvals should be allowed for uuliry right-of-way clearings as is provided for in highway department projects. (IMPC) 

### Indiana Regisrer. Volume 18. Number 10. July 

### I. /995 2565

## IC 13-7-7.1 Notices Response: Slatutory changes made in 1994 exempt burning of vegetation cleaned from initial public utility rights-of·way clearing. IDEM has reOected lhat change in section 12 of the draft rule language. Comment: An exemption should be added to allow the use of virgin gasoline and light oil in fires utilized for fire fighting training. (BPLC) Response: 3261AC 4·1·3(13) has been added to allow the use of clean petroleum products for fire extinguisher training.**Co~nt:** The rule should be amended to allow the burning of •undesirable wood structures in an unincorporated area· to include abandoned fann buildings. (IFB) Response: As specified in lhe slatute. secti on 3(10) has been amended to allow lhe burning ofundesirable wood structures on real propeny located in unincorporated areas.**Co~nt:** The hazards presented by open burning practices outweigh any benefits from the practice. Open burning should not be used to bum material when alternative melhods exist for disposal and specific language should be incorporated into the rule to allow open burning without penniu. subject to specifiC limitations, to include fires set by public heallh officials, fires to prevent or abate fire hazards. fires set for fire fighting instruction, fires in Clark and Aoyd Counties for recreational and ceremonial purposes, and fires in salamanders used for heating purposes. This exception should not include commercial food preparation facilities and !heir operation or residential burning. (BFI) Response: 326 lAC 4·1·3 has been amended to include many of the comments here. The Air Pollution Control Board rules control open burning situations by exemption, prohibition. or by application for approval, when appropriate. under strict conditions for each. Recreational fires are still allowed in Clark:, Aoyd, Lalce, and Porter Counties. Residential burning in lhese four (4) counties, such as trash burning, has been banned

. Comnunt: An exemption should be added for fires for prevention or abatement ofimmediate fire hazards that cannot be abated by olher means . (BFI) Response: This is being accomplished by allowing fire depart· ments and fire fighters to eslablish fire breaks by burning. Comment: An exemption should be added for fire training where liquid petroleum products are used under the supervision of a designated fire marshal. (BFI) ResporiSe: An amendment is being proposed to accomplish this purpose. REQUFST 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. Mailed comments should be addressed to: #94·1(APCB)Open burning rules felicia R. George Assistant Commissioner Office of Air Management Indiana Department of Environmental Management P
. O. Box 601.5 Indianapolis, Indiana 46206-6015

. Hand delivered comments will be accepted by the receptionist on duty at the tenth Door reception desk, Office of Air Management, 100 North Senate Avenue, Indianapolis. Indiana. COMMENT PERIOD DEADLINE Comments must be posunarked or hand delivered by July 

# r 1995.

Additional infonnation regarding lhis action may be obtained from Suzanne Tully, Rules Development Section, Office of Air Manage· ment, (317)232-8229 or (800)451-{;()27 (in Indiana)

. DRAFfRULE SECTION I. 326 lAC**4·1~.5** IS ADDED TO READ AS FOLLOWS: 326 lAC 4-1-0.S Definitions Authority: IC lJ.I·I-4; IC IJ.7·7 Affected: IC IJ.I·I Sec. 0.5. Unless otherwise stated, the following definltlons apply to this rule: (I) "Cleanburning petroleum products" 

### means uncontaminat· edrefined petroleum product, such as kerosene or diesel fuel, not previously used tn any applkation. (1) "Clean uncontaminated petroleum" means refined petro. leum not previously used in 

### an application, such as diesel ruel or kerosene. (3) "Clean wood products'' means wood products, including vegetation, that are not coated with stain, paint, glue, orother coating material

. (4) "Drainage dit<:h11 means any artificial or natural channel that, uoder normal circumstances, does not carry water, but is Intended to carry surplus water. A creek, stream, brook, or river shaD not be coo.sidered a drainage ditch

. (S) "Emergency burning" means the burning of clean ,/ waste caused by a natural disaster or an uncontrolled

### ~ift't, such as the foUowing: (A) A tornado. (B) High winds. (C) A hailstorm. (D) An earthquake. (E) A rain storm. (F) An ice storm. (G) An explosion. (6) "Initial clearing" means the clearing of land for the 

### rlfSt time for the location of a new utility line, The term does DOl include clearing for subsequent relocation ofa utility right-of· way or maintenance clearing of vegetation around existing utility lines. (7) "Material" means clean wood products or paper; lt does not Include garbage. (8) "Merchantable" means a product capable or being sold or resold. (9) "Open burn" means the burning ofany materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stac:k or chimney from an enclosed chamber. (10) "Openburning approval"meansanauthorization aUowing an activity that otherwise is not exempt or pennitted by law

. (11) "Residential burning'' means burning as a method of disposal or maintenance by the resident of: (A) a single family or multiple family dwelling; (B) a duplex; (C) a condominium; or 

### Indiana Register, Volume 18, Number 10, July/, 1995 2566

# 0 (D) a trailer park. The tenn does not include recrutional rares. (Air Pollution 01ftlrol Board; 326 lAC 4-1-0.5) SECTION 2. 326 lAC 4-1-1 IS AMENDED TO READ AS FOLLOWS: 326 lAC 4-1-1 Scope of rule AudlorUy: IC 13-1+4; IC 13-7-7 AJf«Ud: IC ll-1-1 Sec. I. The requiremell(S of this rule**~** lAC 

### 4-l-1 establish sundards for the open burning of material**~** that would result in emissions ofregulated pollutants. This rule**~lAG** 

### 4-1-1 applies everywhere in the state. except where**specir~eally** limlted or in areas where acts (jerrnitted by**~1M;~** section 3 of this rule or authorized by variaRGe JUIF6YaRI &e**~ ~**  4-+4 approval under section 4 of this rule are prohibited by other state or local laws. regulations, or ordinances

. (Air Pollulion Control Board; 3261AC 4- 1-1; ftkd Mar 10

. /988. 1:20 p.m.: 11 1R 2419) SECTION 3. 326 lAC 4-1

-2 IS AMENDED TO READ AS FOLLOWS: 326 lAC 4-1·2 Prohibition against open burning Authority: IC 13-1-1-4; 1C 13-7-7 Alr«Ud: IC ll-1-l Sec. 2. No person shall open burn any material or facility as dermed in 40 CFR 61, Subpart M• (National Emission Standards for Asbestos) except as provided in 

### section 3. 4. or 6 ofthis rule. •Copies ofthe Code ofFederal Regulations (CFR) referenced may beobtained from the Government Printing Oftic:e, Wasbing· ton, D.C. 20402. Copies of pertinebt seccions are also available from the Department of Environmental Management, Oflke of Air Management, 100North SenateAvenue, Indiana Government Center-North, Room 1001, Indianapolis, Indiana 46204. (Air PolluJion 01nlrol Board; 326 lAC 4.1-2; filed Mar 10, 1988. 1:20 p.m.: ll/R 2419; ftkd Jan 6. 1989, 3:30p.m.: 12 JR 1126) SECTION 4. 326 lAC 4-1-3, AS AMENDED AT 18 IR 2408. SECTION I. lS AMENDED TO READ AS FOLLOWS: 3261AC 4-1-3 Exemptions Authority: IC ll-l-1-4; IC 13

- 7

-7 AJfecud: IC Jl-1-l Sec. 

### 3. (a) The following rypes or fires Identified in subsection (b) are permitted under this rule. Unless specified otherwise, the foUowing**c~nditlons** apply to any rtre permitted by this section: (1) Fires must be attended at all times and until completely extinguished. (2) Burning shaD be conducted during daylight hours only and all r... es shall be extinguished prior to sunset. (3) If at any time the rtre creates: (A) a poUution problem; (B) a threat to pubUc hulth; (C) a nuisance; or (D) a rare bazard; lt sbaU be extinguished. (4) No burning shall be conducted during unfavorable meteorological conditions, such as: (A) higb winds; 

## IC 13-7-7.1 Notices
(B) temperature &aversions; or (C) 

### air stagnation. (5) AU burning shall comply with other federal, state, and local rules and ordinances. (6) Adequate**r~refiCbdng** equipment sbaU be on-site for extinguishing purposes during buming times. (b) The foUowing types of rares are permiUed: (I) Recreational or ceremonial fires. "leiiFatiAg +w.lftA NigiM CeFeRUIAie&.**~** rire6 selebFaliftg**~** 

### pep**~ ~**  sucb 

### as fires GelellratiAg for scouting activities.**~** and fires used for re&FeacieAal aA4 cooking purposes. such as campfires, subject to the conditions in subsectJon (a)(l) and (a)(J) through (a)(6) and the following conditions: (A) Only clean wood products, vegetation, charcoal, or clean burning petroleum products may be burned. (B) Burning may occur during night time hours. (C) The local rare deparbnent and health department must be notified at least twenty-four (24) hours prior to any burning where the size or the pile being burned Is more than one hundred twenty.flve (125) cubic feet or materiaL (D) Fires shaD not be ignited prior to two (2) hours before the recreational activity Is to take place and shaD be extinguished upon conclusion or the activity. (E) The plle of ma&erial to bum shall be less than orequal to one thousand (1,000) cubic feet and only one (I) pUe may be burned at a time. (F) Stumps sball not be burned

. (G) Only material required for the recrutional fire shall be burned. (H) Fires shall not take place within five hundred (500) feet of any fuel storage area or pipeline.**~** (2) Private residential burning where the residence coruins four (4) or fewer dwelling units. Burning shall be in a noncom· bustible container sufficiently vented to induce adequate primary combustion air with enclosed sides and a bottom

. aA4 a IM6A**G~WIFiRg** wM 9(18AiRg6**~ ~**  IAaft 8AI feyF&it**~ ~** **~Burning** is prohibited in apanmentcomplexes.condomini

### ums, and mobile home 

### parts. Beginning June 

## +r 13, 1995, residential open burning is prohibited and approvals wW not be issued for residential burning in &IMt felle"'iAg Clark, Floyd, Lake, and Porter Counties

.**~~** CeliRty,**~** Glafk C&liRty. (q baM CewRtys**~~~** VariaRGes, 

### as awcheri;aefilo uA4eF**~** 4 efchi& 

### RH6r**~** t*M appFeved fef resideRlial epett**~**

# m che sewRlies**~**

# m 4hi6 &wlldivisieR

.**~ ~**  BYFRiAg i weeQ JlF8QilGI6 4&ft¥84 Hem che f&JklwiRg 4ilHft MAiRl8AaAG8 8perali9A&:**~** 8YFAiRg ef**~** JeW6 QA4**~** &f Malerial& 4&H¥eQ**chere~eM .** **~** BwrAiAg ef RaMal 

### tf&WIR 4&Ft¥84 ffefR**~** a**~ .~**  (q 8wrAiAg ef Hmll6 tta4 fiRIAiAg&, tM**~if** 6e di6eased &f iAleGte4 a& le Pf86eA& a GQACiiMiRali&R prelileM, Burningshallbe subject to the conditions in subsection (a) and
lndiano Register, Volume 18. Number 10, July I. 1995 

### 2567

## IC 13-7·7.1 Notices
tbe following conditions: (A) Stumps shaD not be burned. (B) Only clean wood products, vegetation, and paper may be burned. (3) Burning ohegetation grown on and disposed of at a farm, an orchard, a nursery, a tree farm, a cemetery, or a drainage ditch (or maintenance purposes, subject to the conditions in subsection (a) and the following conditions: (A) Stumps shall not be burned. (B) Fires shall not take place within five hundred (500) feet or any fuel storage area or pipeline. (C) The pile or material to burn shall be less than or equal to one thousand (l,OOO) cubic feet and only one (l) pile may be burned at a time. (D) Only vegetation and clean burning petroleum products may be burned. (1} (4) Waste oil burning where file waste oil originates from spiJlage during testing of an oil well and has been collected in a properly constructed and located burn ofT pit as prescribed in 310 lAC 7-l-37(a) ofdte department ofnatural resources (DNR), division of oil and gas. Each oil pi1 may be burned once every two (2) months. and all the eft fire must be sempletely**~** extinguished within thirty (30) minutes &fief. or ignition.**~** (S) DNR burning, in order to facilitate prescribed burning on DNR controlled properties for wildlife habitat maintenance. forestry purposes. aRd natural area management, and fire fighting or prevention; {9) United SlateS Depanment of the Interior burning, in order to facilitate a National Park Service Fire Management Plan for the Indiana Dunes National Lakeshore: and United States Department of Agriculture, Forest Service burning, in order to facilitate wildlife habitat maintenance, forestry purposes, natural area management, ecosystem management, and fire fighting or prevention. Burning shall be subject to conditions in subsection (a) and the following conditions: (A) Except for**r~re** rq;hting and prevention, if the fire creates a nuisance, fire haurd, or pollution problem. it shall be extinguished. (B) Except for fire fighting and prevention, no burning shall be conducted during unfavorable meteorological conditions. such as high winds, temperature inversions, or air stagnation. (C) Except for fire fighting and prevention, all burning shall be conducted during dayHght hours only and all fires shaU be extinguished prior to sunset. (D) Only vegetation and clean bu.-ning pet.-oleum products may be burned. (6) Burning of marijuana by federal, state, and local law enforcement offices, subject to the conditions in subsection (a). Only clean burning petroleum products shall be used for ignition purposes. (7) Between October l and May IS, for the purpose of heating, burning of clean wood products in a noncombustible container sufficiently vented to induce adequate primary combustion air, with enclosed sides, and a bottom. subject to the conditions in subsection (a) and the following conditions: (A) Only dean wood products and pape.- may be bumed. (B) Burning shaD not be conducted for the purpose of disposal. (8) Burning of clean petroleum products for purposes of maintaining or repalrlng railroad 

### trades and

### rights-of-~ Burning shaU besubject to the condltioos in subsection (a) anu the following conditions: (A) Burning of railroad des or vegetation is not aUowed. (B) The local fll'e and health departments must be notlrted at least twenty-four (24) bours in advance ofthe date, time, and location of the burning. (9) Burning ofdean wood products, derived from pruning or clearing, by a county highway department for the purposes of maintaining county roads and roadsides. Burning shaD be subject to the condltlons in subsection (a) and the followillg conditions: (A) The local r...e department and health department must be notified at least twenty-four (24) bours in advance ofthe date, time, and location of the burning. (B) Stumps shaU not be burned. (C) Fires shaU not take place within five hundred (500) feet from any fuel storage area or pipeline. (D) The pile ofmaterial to bum shaU be less than or equal to one thousand (1,000) cubic feet and only one (I) pile may be burned at a time. (I0) Burningofundesirablewood structures orwood remnants ofa demolition ofa predominantly wooden structure originaUy located on real property in an unincorporated area, subjectto the conditions in subsection (a) and the following burning conditions: (A) A structure or wood remnants rrom the demolition of a predominately wooden slnlcture that has been used for residence may not be burned. (B) A structure or facility that is subject to the provisions or 3Z6 lAC 14-10, relatbtg to asbestos inspection and removal, may not be burned. (C) The structure may only consist of clean unpainted wood, metal, concrete, brick, or glass. If the structure contains any other material, It may not be burned. (D) Fires shall not take place within five hundred (500) feet or any fuel storage a.-ea or pipeline. (E) The local r...e department and health department must be notiraed at least twenty-four (24) hour in advance ofthe date, time, and location of the burning. (11) Burning or vegetation by fare departments and**r~re** righters to create fire breaks for purposes ofextinguishing an existing fire. Such burning is not subject to the conditions in subsection (a). (ll) Burning or clean wood products derived from the inidal clearing of a public utility right-of-way, subject to the**condl~** tions 

### in subsection (a) and the following conditions: (A) Only clean wood products, including vegetation, derived from clearing the utUity right-of-way may be burned. (B) Fires shall not take place within five hundred (500) feet or any ruel storage area or pipeline. (C) The pUe of material to bum shaD be less than or equal to one thousand (1,000) cubic feet and only one (1) pile may be burned at a time. (D) All burning must take place in uninco.-porated arf (E) Clean burning petroleum products may be used

# h.. ignition purposes. 

### Indiana Register, Volume 18, Number 10. July I, 1995 2568

# c (13) Burningofdean petroleum products for fire extinguisher training, subject to tbe conditions in subsection (a) and the roUowiDg conditions: (A) The local fll'e department and health deparlment must beprovided at least twenty-four (24) hour advance notification or the date, time, and location of the burning. (B) All burning sball take place in a noncombustible container, enc:losed on all sides with a bottom. (C) A total or only one (1) gaUon of dean burning petroleum products may be burned at a time. (D) Only one (1) fire may be allowed to bum at a time. (E) AU burning shaU be conducted in such a manner 

### so as to prevent any possibility or soil contAmination.**~** All 8A8Mpli&A6**~** 611B!i4KIIi8A**~** 6haU M**~** l$ tAe fellewiRg;**fit~** weed pHtdwscs &Mil IMt**~** UAie&s e&keFwise Ma4e4 

### m 611B68Gii8A**~ ~** **~** &MU k aueAIIed 1M aD 6fMe&**~** seMplecely MffAgwisluut (.f) U 4*e& 6HM& 

### a AwisaAee ef 

### a liM**~ ~**  &Mil k '"'iAgwis'*•"· (41 All Fe&ideAllal,**~** af\4**~** e4l**~ ~** **~** 

### WRftt dayliglu IMMif6**~ ~**  

### me**~ ~**  M FepleRished, "' 9Aiy fA &VGit 

### a**~** 

## ma.**~** iHI effAe**~** Mai&Fi.al i& $8A611Med**~ ~** **~** 

### NetMiRHRg 6MII k G&RIIweted**~** uAfa¥eFa91e M8teereleg *I 68AdilieA&**~** a5 t8Mf18FaiUF8 iR¥8F&i&A6 ,**~ ~**  efW**&~agAatieR,** (Air Pollmion Control Board; 326 lAC 4-1-3 ; filed Mar 10, 1988. 1:20

### p.m.: lllR 2419: filed May 24, 1995, 10: 00 a.m.: /81R 2408) SECTION 5
. 326 lAC 4-1-4 IS AMENDED TO READ AS FOLLOWS: 326 lAC 4-1-4 Emergency burning A.altorily: IC 13-1-1-4; IC tJ-7-7 Affected: IC 13-l

-t Sec. 4. 

### W Emergency burning with prior oral approval of the commissioner or

## me commissioner's designated agent with issuance of written approval within seven (7) days, may be authorized for: fN fellewiAgl (I) BMeFgeRGY**~** ef spilled or escaping liquid or gaseous pelroleum products when all reasonable effons to recover the spilled material have been made and failure to burn would result in an imminent fue or health hazard or air or water pollution problem: or (2) RwFRiAg efHfw66 clean wood waste and vegetation consisting of material resulting from a natural disaster where failure to burn would result in an imminent health or safety hazard.**~** RYrAiAg fer 4M**~** &f**~** traiAiAg. (41 RwrAiAg &fAaiYfal**~ ~**  ff:efR 

### a eleariAg &f18FalieA, 

### W.-r relft&¥&1 efAaWFal**~** fer**~** 

## m V&e &#' lM**~aft&. ~**  Bwr&iRg &f ltigftJy el(plesive &f' &mef**dat~gereus** MaleFialt; fer**~** M alteFAativa**~ ~** **~** ef**~** araAspeFta lieft &f 6UGA Material& t&**iMpessi~le. ~**  RwraiRg M& euMpted**~ ~**  JAG 4-44 May k f!IIFMilled widt pH9f**~** ef a ¥ariaRee &flplieatieA af\4 af!preval &#'**~** '"eMMi&sieAer eJlM G&MMi&sieAer's desigAale4**~(Air** Pollution 

## IC 13-7-7.1 Notices
OJntrol Board ; 326JAC 4-/-4;filed Mar 10. 1988, 1:20p.m.: 11/R 2420) SECTION 6. 326 lAC 4-14.1 IS ADDED TO READ AS FOLLOWS: 326 lAC4-1-4.1 

### Open burning approval; criteria and 

### condttlons Audlorify: lC 13-1-1-4; lC 13-7-7 Affected: IC 13·1-1: lC 13

-l·l..l Sec:. 4.1. (a) Burning not exempted by section 3 of this rule may be authorized bythe issuance oran approvalbythe com.missionerorthe commissioaer•s designated agent after consideration ofan approval application. Such burning may be authorized for the following: (1) Burning tor the purpose of fire training. (2) Burnbtg of natural growth derived from a clearing operation, suchas removalofnatural growth for change in

### use or the land. (3) Burning or highly explosive or other dangerous materials for which no alternative disposal method exists or where transportation or such materiab is hazardous. (4) Burning or untreated wood or other material. (b) An approval may not be issued under section 4 ofthis rule unless all of the following criteria are met: (1) The applicant has demonstrated that alternative methods ror disposal are impractical or prohibitively expensive. (2) Fewer than five (S) residences are within five hundred (500) feet of the proposed burning site and written waivers have been obtained from the residents. (3) There are no past opeo burning violatJons at the site orthe proposed burning or by the applk:ant. (4) Ther-e is no pending enforcement action Involving violation orthis rule or lC 13-1·1.2 by the applicant. (S) If the application involves a structure ror fll'e training, it has not been demolished prior to training activities. (6) The burning site is not located In a nonattainment area roc

### PM1• or from May I through September 30 for ozone. No approval shaD be granted at any time for residential burning in Clark, Floyd, Lake, or Porter County

. (c) Any approval shall be subject to the followinc conditions unless otherwise stipulated in the open burning approval letter: (1) Only clean wood products shall be burned. (2) No asbestos containing material shaD be burned. (3) No burning shall be conducted during unfavorable meteorological conditions, such as high winds, temperature inversions, or air stagnation. (4) Burning shaD be conducted during daylight hoursonly and all fires shall be extinguished prior to sunset. (S) If at any time the fll'e creates an air poUutioa problem, threat to public health, nuisance, or fire hazard, the burning shall be extinguished. (6) The local fire deparbnent and health department must be notified at least twenty-four (24) hours in advance orthe date. time, and location or the burning

. (7) The approval letter shall be made available at the burning site to state and local officials upon request except during emergency burning. (8) Adequate fireftghting equipment shaD be**on~ite** for


### Indiana Register. Volume 18, Number 10 , July I. 1995 2569

## IC 13-7-7.1 Notices extinguishing purposes during burning times. (9) No burning shaD take place within: (A) one hUDdred (100) feet or any structure or power line; or (B) three hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline. (10) Fires must be attended at all times until completely extinguished. (11) AU burningmust comply with other federal, state, orlocal 

### laws, regulations, or ordinances, including40 CFR 61 Subpart M• (National F.mJssfons Standards for Asbestos). (12) The materialsto be burned shaD not consist ofdry natural growth or tl'"ee stumps. (13) The matel'"ials to be burned sball not consist orwaste that is l'"egulady generated as a result of a routine business operation. (14) The material to be burned sball not exceed one thousand (1 ,000) cubic feet. (d) An appro,..alletter shaD be valid fol'" no longer than one (1) year 

## rrom the dale of issuance. (e) The conunissi.oner or the commissioner's designated agent 

### may add conditions to an approval letter, as neussary, to prevent a public nuisance or protect the public health and the environmeat. Such conditions may be based on local air quality conditions, including whether the area is a nonatt.ainment county as defmed in 326 lAC 1-4-1 or has been redeslgnaled from aonattainment to attabunent status. (Air Pollution Comrol Board: 326IAC 4-1-4.1} SECTION 7. 326 lAC 4-1-4.2 IS ADDED TO READ AS FOLLOWS: 326 lAC 4-1-4.2 Open burning; appl'"oval l'"evocation Alllhority: lC 13-1-1-4; JC ll-7-7 All'ected: IC 13-1·1 Sec. 4.2. The commissioner or the commissioner's desi8nated agent may l'"evoke an approval letter U the applicant: (I) violates any requirement of sectioo 4.l(c) of this rule; (l) violates any condition added to lne approval**~etter** under section 7 of this rule; or (3) falsifies information on an application for an approval. (Air PolluJion Control Board; 3261AC 4-1-4.2) SECTION 8. 326 lAC 4-1-4.3 IS ADDED TO READ AS FOLLOWS; 326 lAC 4-l-4.3 Open burning approval; delegation of authority Authority: IC 13-1-1-4; JC ll-7-7 Affected: IC 4-21.5; IC 13-1·1 Sec. 4.3. Thecommissioner may delegate tne authority to issue open burning approval letters in accordance with this section to a local health department, fi.J'e department, solid waste manage-- ment district, or oCher agency upon a demonstntion that the agency: (1) has the necessary legal authority to implement an approval pl'"ogram t.hlllt is at least as protedive of the public health, welfare, and the environment as the provisions of this rule; (2) will follow the public notification procedures or IC 4-21.5 in the issuance of approval letters; and (3) hasjurisdiction over an area that is designated attainment for PM 10 and ozone. Thecommissionermayestablishcoadltioos forthe delegation**~** m•y revoke any such delegation if lhe commissioner 

## detennii. that any condition has not been satmitd or the circumstances under wbicb the delegation was issued have changed. (Air Pollution Comrol Board; J26IAC 4-1-4.1) SECTION 9. 326 lAC 4-J-6 IS AMENDED TO READ AS FOLLOWS: 326 lAC 4-1-6 Air curtabt destructors; approval; fee Alllhority: IC 13-1-1-4; IC 13-7-7 Affecud: IC 13-1-1 Sec. 6. (a) An owner or operator or an air cunain destructor. as dermed in 326 lAC 1-2-2.5, shall submit an application to the department to obtain 

### a leuer of approval from the commissioner or the commissfonel'"'S designated agent prior to its installation or operation at a new site. The owner or operator: (1) shall not operate the air curtain destructor unless the owner or operator bolds a valid letter of approval: heiR 1M &eiRmissieRer 

### and (2) shall maintain the letter ofapproval at the air curtain demuctor site at all times for verification by 1M**depata~eA&,** state or local ofnciak. (b) Upon application for a letter of approval. an owner or operator shall pay a fee offifty dollars ($50) to the deparunent. Fees paid by mail shall be paid by check. or money order and shall be made out to: Indiana Department ofEnvironmental 

### Management. (Air Pollution Control Board; 326 L4C 4-1-6; filM Jan 6, 1989. J;?"' p.m.: l2 IR 1126) SECTION 10. 326 lAC 4·1-7 IS AMENDED TO READ AS FOLLOWS: 326 lAC 4-1-7 Air curtain destructors; approval conditions Authority: JC ll·l·l-4; IC 13--7-7 A11ccted: IC ll·l·l Sec. 7. (a) In order to obtain an air curtain destructor letter of approval, the owner or operator shall ensure that installation and operation of sucn air curtain destructor will comply with subdivisions (I) through fW) (21) as follows. Burning shall be terminated immediately at any air cunain destructor**site~** that does not comply with this section_ (I) Only untreated wood products shall be burned, except for minimal amounts of uncontaminated petroleum**products~** that may be used for ignition. Merchantable wood products shall not be burned. (2) Burning shall not be conducted during unfavorable meteorological conditions, such as high winds or air stagnation. (3) The air cunain destructor sball not be**ope~** prior to one (1) bour after official sunrise. aR4 s9mlnKti&A <all H 400mtliele tbe rare shall not be fed after two (1) hours before omcial sunset. the r&re must be completely extlngukbeil by ofT'u:ial sunset, and at least one (I) foot ofdirt must be placed overthe ashes in the pit by sunset. (4) An air curtain destructor site shall be located no less than M ktln!bed**~** two hundred fifty (250) feet from any**priv~>·~** residence, public roadway, power line, pipeliA&!**Aiel~** 

## I or eY&iAe&&, structure, or no less than five hundred (500)

### ~. £rom any pipeline or ruel storage area. 

### lndiaiUl Register. Volume 18, Number /0, 

### July /, /995 2570

# (



# c

l (S) An air curuin destructor site shall not be located at within one thousand (1,000) feet or a landfill or transfer station as defmed in 329 lAC 2-2-J. {6) An air curtain destructor shall not be permanently located at any site. (7) An air curtain destructor shall be attended at all times while burning and until combustion 

### is complete. Adequate firefighting equipment shall be maintained at an air curtain destructor site at all times during operation. (8) Burning shall not create or contribute to: (A) 

### an air pollution problem: (B) 

### a nuisance: or (C) 

### a fire hazard. (9) An air curtain destructor and pit shall be maintained and operated according to lhe manufacturer's specifications and recommendations. (10) The fan blades of the air curtain destructor shall be regularly cleaned to reduce buildup of 

### dirt and debris. (II) AU canisters must be properly aliened, connected, and maintained so as to prevent leaks between adjacent canisters. (lZ) The nozzles must be maintained in good working condf.. tion, the minimum average velocity at the nozzle must be nine thousand 

## nny (9,050) feel per minute, and the air now at the no:u:le must be a minimum ofseven hundred fifty (750)**cubi~** feet per minute per foot or length. (13) Theengine running the aircurtain destructor ran must be maintained in proper working condition. (14) The width ofthe pit shaU not extend beyond the length of the nowe action. (15) The distance from the air curtain de.stcuctor to the opposite waU of the pit sbaU not exceed ten (10) feet. (16) The depth ofthe pit shall be of sucb distance to aUow all bumin' material to be below the curtain ofair created by the air curtain desCructor. (17) AU nozzles shall be aligned and directed toward the opposite waH 

### so that the air strikes the opposite waU approximately three (3) to four (4) feet below the grade upon which the air curtain destructor is located. (18) The air curtain destructor shall not be at a higher elevation than the elevation of the opposite wall.**(1~)** The pit shaU be enclosed on four (4) sides, and the walls sbaU be perpendicular to level ground. (20) Material being loaded into the pit shall be picked up and dropped into the pit, and at no time shall the material proCrude through the curtain of air while burning. (21) The approval letter will be made available at the burning site to state or local officials upon request.**~** (ll) The owner or operator of an air curtain destructor shall provide notification in advance to the local tire depanment and the local health department ofthe dates and times that the air curtain destructor wiJI be in operation. (b) An air curtain destructor leuer of approval shall be valid for no longer than one (l) year. (c) The commissioner or the commissioner's desi,nated a,ent may add conditions to an air**cur~**in destructor leuer ofapproval as necessary to prevent a public nuisance or protect the public health. (Air PolluJion ColtlrolBoard: 326lAC4-1·7:filed Jan. 6. 1989. 3:)0 

### p.m.: 12 /R 1 127} 

## IC 13-7-7.1 Notices
SECTION 11. 326 lAC 4-1-8 lS AMENDED TO READ AS fOLLOWS: 326 lAC 4-1-8 Air curtain destruc:ton; approval revocatioo Aulhodty: lC ll-1·1-4; IC**1~'7-'7** Affected: IC tJ.t·t Sec. 8. The commissioner 

### or the commissioner's designated agent may, upon good cause, revoke 

### an air curtain destructor 

### letter of approval it lhe owner or operator: (1) violates any requirement of S«tion**~ ~** **~ ~**  7(a) ofIbis rule; (2.) violates any condition added to the letter of approval under section 7(c) of this rule: (3) violates any other**s~te** or local rule or ordinance pertaining to Che installation or operation of air curtain destructors: (4) fal6ifi&e6 falsifies information on an application for a letter of approval: or (5) operates an air curtain destructor in a maMer**~that** is hazardous 10 lhe public health. (Air Pollulion Control Board; 326lAC4·1·8:fill!dJan 6, 1989, 3:30 

### p.m.: 12 JR 1127) NOTICE OF FIRST MEETING/HEARING Under IC 4·22-2·24, IC 13-7-7-4. and IC 13-7·7.1. notice is hereby given lhat the air pollution control board will bold 

### a public bearing at its regularly scheduled meeting 

### on September 6. 1995. This hearing is on open burning rules. If the date ofthis hearing is changed, it will be noticed in the Change of Notice section of the Indiana Register. Procedures to be followed in this hearin& may be found in the June 1. 1995 Indiana Register. page 2355 (J8IR: 235S).

TITLE 326 AIR POLUITJON CONTROL BOARD SECOND NOTICE OF PUBLIC COMMENT PERIOD #94-l:Z(APCB) DEVELOPMENT OF NEW RULES CONCERNING THE INCORPORATION OF NATIONAL EMISSION**~'TAN** DARnS FOR HAZARDOUS AIR POLLUTANTS FOR ORGANIC HAZARDOUS AIR POLLUI'ANTS FROM 111E SYN'IliETlC ORGANIC CHEMICAL MANUFACilJRING INDUSTRY (SOCMl) AND OTIIER PROCESSES SUB.JECT TO THE NEGOTIATED REGULATION FOR EQUIPMENt' LEAKS INCLUDED IN TITLE40;PART 63, SUBPARTS F, G, HAND I OFTHE CODE OF FEDERAL REGULATIONS PURPOSE OF NOTICE The Indiana Department of Environmental Management (IDEM) has developed draft rule language for the incorporation by reference of federal rules establishing national emissions standards for hazardous air pollutants (NESHAP) for synthetic organic chemical manufacturing industry (SOCM[) and other processes subject 10 lhe negotiated regulation for equipment leaks. By this notice. IDEM is soliciting public comment on the draft rule language. HISTORY First Notice of Comment Period: October I. 1994 Indiana Register (18 IR 167). 

### Indiana Register. Volume 18. Number 10. 

### July I, 1995 

### 2571rrom 

### the Indiana Department 

### of Environmental 

### Management. Office ofAir Management. IndianaGovernment Center-North. Room 

### tOOl. East Wing. 

### 100 Nonh Seiwe Avenue.lndianapolis,lndiana46204. (Air PoilU/ion Conrrol Board: 326JAC J-4- 1:**fil~d** 

### Mar 10, 1988. I :20p.m.: I

### I IR 2379;filed Aug 

### 9, /991. I 

### I:OOa.m.: 14/R**22J8;fil~ D~c**  

### 30. 1992, 9:00a.m.: 16/R 1382:jiltdApr 18. 1995. 3:00p.m.: 18/R 2220) Notice of PubUc Hearing Th6t rules arenot**sch~ult!d** 

### forhearing arthis tit1U!. When thepublic hearing is**sch~uled,** 

### it 

### will benoticed in tht IC 13

- 

### 7-7.1 Notices**s~aion** 

### of the Indiana Register. Individuals requiring reasonable accommodalions for participarion in this**tv~nt** 

### should contact the Indiana Depanmtm of Environmental Management, Americans with Disabilities Act coordinator at: Attn: CariiJ 

### Pot, ADA 

### Coordinator Indiana Depanment of Environmental Managenatnt 100Nonh**Senat~** 

### Avenue P.O. Box 

### 60/S Indianapolis, Indiana 46206-60/S or call (317) 233..()544 (V} 

### or (3/7) 233-6087 (17J.**Pl~ase** 

### provide 

### a minimum of72 hours· notijiC41ion. AdditioMlinformD.Iion regardingthisaaionmaybeobtained from 

### Larry 

### Fedor. Rules DeveloptnLnt Seaion, 

## Office of Air Management. (317) 232·8223 or (800) 451-6027 (in Indiana).**Copi~s** 

### of**thes~** 

### rules arenowon file**atth~** 

### Indiana Govern· 

### ment Ctnter-Nonh, 100North StnareAvenue, Tenth FloorEa.st 

### and Legislative Services Agency. Indiana Government CenterSouth. 302 West Washington Street, Room 

### EO/I. lndianopolis. Indiana and are openforpublic inspection. 

### Felicia R. George Assistant Commissioner Office of Air Management

TITLE 326 AIR POLLU110N CONTROL BOARD

DIGEST Adds 326 lAC4-J-0.5. 3261AC 4-1-4. l, 3261AC 4-l-4.2, and 

### 3261AC 4-1-4.3 to specify open burning approval criteria. Amends 326 lAC 4-l to incorporate statutory changes and to 

### darify other sections. Effective 

### 30 days after filing with the 

### secretary ofstate. WSTORY First Notice of Comment Period: February I, 1994. Indiana Register (17 lR 1025). 

## Proposed Rules
Second Notice ofCommem Period: July I. 199S.lndianaRegister 

### (I 8 IR 2j6S). NoticeofRescheduled Public Hearing: December l. 199S.Indiana Register (19 IR S06). Date of First Hearing: February 7. 1996. SUMMARY/RESPONSE TO COMMENTS FROM 11IE SEC OND COMMENT PERIOD 

### The Indiana Depanment ofEnvironmental Management (IDEM) requested public comment from July I. 1995. througb July 3l. 1995, on IDEM's draft rule language. IDEM received comments 

### from lhe following parties: Amoco (AM) I Browning-Ferris Industries (BFI) Crane Naval Warfare Center (CNW) Department of Narural Resources (ONR) Elkhan County .Health Depanment (EHD) Hoosier National Forest. Dep't of Agriculture (HNF) Indiana Department ofTransportation 

### <DOn Indiana Dunes National lakeshore (IDNL) 

### Indiana Fann Bureau, Inc. (IFB) Indiana Michigan Power Company (IMP) Marion Fire Depanrnent (MFD) 

### Poe Volunteer Fire Depanment (PFD) PSI Energy Shirley Heinze Environmental Fund (SHF) foJJowing are the comments submiued and lhe cSepatunen's responses: Swutory Exemptions. In 1993 and 1995, the Indiana General Assembly amendedthe Environmental ManagementLaw, lC [3-1.by adding and subsequently amending Section 1.2 to allow several specifiC typesofopening burning to occur. Thestatuteincludes six(6) conditions thatapply to all open burning. In preparing the revisionsto lhe open burning rules. 326 lAC 4. IDEM included each of the statutory exemptions asan exemption in the rule. ln some cases, these were activities for which IDEM historically had granted variances, subject to standard conditions intended to protect air quality. The comments submitted on how the statulOry exemptions were allowed in the rules focused on the conditions proposed by IDEM as well as several definitions. It was not IDEM's intention to preclude types of open burning that have been specifically authorized by starute. and IDEM has revised the rule language as necessary to ensure that it is consistent**~ith** legislative inwu. Forexample. IDEM has revised the rules to provide that in the case of c.be StaiUlOry uemptions. only the conditions specified in dle statute will apply. The following specifiC comments were made on issues**rela~** to dle statutory exemptions: 

### Commem: The exemption for maintenance burning of vegetation should not require that the vegetation be burned only a& the**l~tion** at which it was grown . (IFB) 

### Response: This condition has been removed from this exemption

. lDEM understands that typically vegetation is burned at the location at which 

## u is grown. In some circumstances, however. such as maintenance of drainage ditches. brush from**adja~ru** properties may be consolidated at one (I)**l~tion.** Burning still occurs within the mamtenance easement. however. Conunent: The definition of ·drainageditch• needs to be expanded to includeany ditch or saream which is pan ofa regulateddrain wtder the authority of Drainage Boards as defined in IC 36·9·27-2. Many drainage ditches carry water throughout the year, so the limitation in the rule is impractical. (IFB)(EHD) 

### Indiana Register, Volume 19. Number 7. 

### April/. 1996 1607

## Proposed Rules Response: The depanment agrees and the definition of drainage ditch has been changed to refer to the defmilion of "regulated drain" as found in the cited swute
. Comnrem: In 3261AC 4-1-3(b){l2), burning for the initial clearing of a public utility right-of-way should include the conditions listed in 3261AC 4-l-3{a) and provide notifiCation to the local heahh and fire depanmenu. (PFD) Cotnnrem: In 3261AC 4-l-3(bX12){C)

. the restriction of the pile to be burned to one thousand (1.000) cubic feet and only one (I) pile at 

### a time is overly resuictive and beyond the intent of the law. It is recommended that conditions under 3261AC 4-1-3(b)(3){A) and (C) and (b){12XC) be removed from the rules. (IMP) (IFB) 

### Response: In keeping with the approach outlined above. the draft rule has been revised and the statutory exemptions are now found in 326 lAC 4-1·3(a). The only restrictions to these exemptions are those specified in lhe statute. Commull: Burning ofvegetation is allowed for county road and public utility rigtus-of-way, but why not for railroad rights-of-way'? {EHD) 

### Response: Burning for maintenance of a counry highway or for initial clearing of a public utiliry right-of-way are statutory exemptions. The statutory exemption related to railroad rights-of-way. however does allow burning of "Clean petroleum products for the purpose of maintaining or repairing railroad tracks. including the railroad rights-of-way.• The approval process has been used for approval of burning for clearing of railroad rights-of-way. and that process will remain available

. 

### Commenr. The language in 3261AC 4-1-3(b)(IO){A), " a struCture or wood remnants from the demolition of a predominately wooden structure that has been used for a residence may n()( be burned,· should 

### be eliminated because the law makes 

### no differentiation of wooden scruaurcs used for a residence

. Also the words wclean unpainled" should be omjaed as il is beyond the intenl of the law. (IFB) 

### Response: As with the other statutory exemptions. the department has revised the rule to allow burning as stated in the starute. The burning of structures such as barns and sheds does not create a significant air quality problem. Prescribed burning.IDEM routinely gramsvariancesto federal and state agencies lhat conduct prescribed burning for ecosystem. habiut. or other land management purposes. In the draft rules. IDEM proposed that prescribed burning conducted by specified state and federal agencies inaccordance with certain conditions be exempt from the need to obtain a variance

. For agencies or private entities not specificaUy listed in the exemption

. a variance {renamed an "approval" in the draft rules) would still be available

. The following comments were made on this issue: Comment: The draft rules prohibit prescribed burning in Lake County, a 

## PM,, nooattainment area. There are land management activities in that counry for which prescribed burning is an effective tool. (DNR)(AM) 

### Rtsponst: IDEM agrees that it is not the intent of this rule co prohibit prescribed burning in Lake County, however. ifa panicular area is one where the air quality does not meet health standards , special consideration must be given for open burning. IDEM has revised the rule language co allow the commissioner to setconditions in the approval that recognize the particular air qualiry concerns of areas that are nonauainrnent tor either PM 10 or ozone. Comnrent: The ruleshouldcxempcburning by organizations. public and private , in addition to those specified currently. (AM)(DOT){SHF) 

### ResfXInse: IDEM recogni%es that organizations ocher than theones identified in tbe rule undertake**control~ed** burns for**th~ pu~**  habiu.t or ecosystem management. ThiS rype of bum1ng has**~** ._ determined on a case-by-case basis through the application for a burning variance. That process has not changed in the draft revisions

. IDEM'sproposal toexemptcertain federal and state agencies from the variance process is based on the fact that these agencies are required to develop open burning plans available for public review, which would lake the place of review and approval by IDEM. However. IDEM has revised the rule so that open burning approvals may be valid for up to five (5) years iftbe request includes an open burning plan. This will decrease the burden on private organizations seeking approval for controlled bums. 

### Comment: The resuiction against night burning needs to be removed from the conditions listed in 326 lAC 4-1-J(b)(S) when exempt agencies perform prescribed habitat control burning. This is contrary to lhe approved methods of conducting these bums. 

### (HNF)ODNLXlFB> 

### Raponse: IDEM agrees that it may not be possible to extinguish all burning prior to sunset durin& controlled habitat burns and bas made revisions to the rule language to reflect this. Other issues. Several other issues were raised in the comments. Comment: Burning of natural growth for the purpose of land management should be added to 326 lAC 4-14

. 1. open burning approval: criteria and conditions

. (PSl)**Respons~:** Burning of natural growth for the purpose of land management bas been added as 

### a type of activiry for which an open burning approval may be &ranted. Cofnnrent: Allen County should be added lo the list of couc · <: where residential open burning is banned. (PFD) Response:The banningofresidentialopenburning in Lake. Po , Clark. or Aoyd Counry is part ofthe ozone reduction plan required by the 1990 Clean Air Act Amendments in these four (4) counties. Many local areas have esu.blished ordinances to conuol or prohibit residential open burning, where it is a concern. 

### Commenr: Under 326 lAC 4-1-3(a)(6). firefighting equipmem on site is not needed because burn sites are isola1ed with liule chance of fire spreading. This condition should be removed. (IFB) 

### Rtsponse: As noted above, IDEM has revised the draft rule language to separate the slatutorily authorized exemptions from those that are being proposed by the department for inclusion in the rule. For the exemptions that have been authorized by statute. only the conditions expressly slated in the statute apply. The requirement that adequate firefighting equipment be at the location ofthe fire is notone (1) ofthe statutory conditions. The department has included the condition thai adequate firefighting equipment be available for the other. nonstatutory exemptions

. This condition has been routinely included in open burning variances issued by the department to ensure that an open burn does not get out of control

. An uncoll(rolled fire can cause a substantial air quality and public health problem. Such a condition is all the more important, in the depanment's view. undertheexemption approach proposed in these rule amendments. 

### Commenr: Why are srumps not allowed to be burned'? The term "srump" needs to be defined as meaning only that pan of a tree remaining in the ground

. (IFB) (EHD) 

### ReSfXInst: Stumps can smolder day and night for a week. 

## JXf • causing health and safety problems when the smoke hangs in'


### Indiana Register. Volume 19. Number 7, 

### April/, 1996 1608

# ( The soil**th~t**clings to roots once the stump has been removed from the ground significancly inhibits lhe burning process. and can cause a negative air pollution Impact. The burning of Slumps can have an adverse atr quality impact whether or not lhey have been removed from the ground. There are ways to reduce the difficulty in burning stumps, however, and IDEM his revised the rule to elimtnate the automatic prohibition 

### oo lhe burning of sNmps. Conuratnt: Ncxifteations should not be necessary to both local fire depanments and heallh departments. (lFB) Rtsponst: Both ofthese agencies must regulate air pollution at the local level and should. as a courtesy. be notified when there will be open burning. However. IDEM has revised the rules so that the types ofopen burning specifiCally exempted by staNte are not required to provide this**ncxif~eation.** Commtnt: The definition of "meKhantable" under 326 lAC 4·1· 0.5(8) should include a means of determining cost effectiveness of uying to market lhe wood. CEHD) Rtsponu:The specifiC reference to "merchantable wood"**h~s** been removed from the rule. The depanment always encourages using a reasonable method of disposal other than burning. The depanment also recommends anempting to sell usable wood rather than burning ordisposing ofit. Rule language has been added to express that intent. Commtnt: There appears to be a conflict between 326 lAC 4·1· 0.5(11) and 326 lAC 4·1·3 on whelher trailer parks are included or exempted as pan of residential open burning. (EHD) Response: The definition ofresidential burning. under 3261AC 4- 1.0.5 is incorrect and has been deleted. The definition contained within 326 lAC 4-l-3(c)(3) is the correct one. Trailer parks are considered residences for purposes ofthe residential open burning exemption. Comment: Who detennines what a pollution problem. threat to public health. nuisafiCe, or frre hazard are? (EHD) Response: For purposes orenforcing the rules promulgated by the Air Pollution Control Board, IDEM determines whether a provision of the open burning rules has been violated. including the provision mentioned in the comment. A determination by IDEM that the rule has been violated is subject to administrative review and. ultimately. judicial review. Commml: Fcres for the 

### purpose ofheating should be allowed at any lime during the day and the limiting c:We.s should be removed. (EHD) Rtsponst: The types offires allowed by lhis eltemption (3261AC 4·1-3(1)) are those used for outdoor heating of workers. primarily at conslnlction sites. Fires are not needed for this purpose during the wann months. Fires in wann months would more likely be used as a method ofdisposal ofconstrUCtion debris and other solid waste. Commtnt: Open detonation operations conducted for the thermal treaunent ofwastes consisting ofexplosives should be provided as an exemption under 326 lAC 4·1·3 until a Title V operating permit is issued in two (2) years. Burning ofhighly explosive or other danger· ous materials should be limited to entities which have specialized training. (CNW)(EHD) Response: The depanment does not believe that an exemption is appropriate for this type ofopen burning. Review by the department either through a permit or open burning approval process is approprl· ate because of the potential public health and air quality effects of open burning explosives. Burning under 326 lAC 4·1 would require a bummg approval and conditions would be set outJO thai approval to tnclude knowledge ofspecialized training 1n this area. Comment: Expansion ofthe criteria for the exempuon tn 3261AC 

## Proposed Rules 4·1·3(b)(l3) is needed for fire training involving**~uipmentother** than fire exunguishers

. Limiting training to one (1) gallon of fuel and to daylight hours will prevent adequate training of fire fighters. The limitations on petroleum products should limit the use ofproducts to only liquids. Although 326 lAC 4-1-4.1 allows alternate approval routes ncx meeting exemptionrequirementS, 3261AC4-1-4

. Iprohibits approval of any fire training site located in non.tttainment areas for PM 10 or ozone. (AM)(IM) Rtsponst: The department has provided an exemption for fire extinguisher training becausethis type of burning causes a minimal air pollution impact and it is a type of burning for which many applica· tions for burning approvals are processed. The department has calculated at what level offuel usage a source would be requtred to obtain a registration under 326 lAC 2 and has set lhe fourteen (14) gallons limit per day based on those calculations. The departmenthas revised the draft rule language accordingly. Applications for other types offire training should be reviewed on a case-by-case basis and approvals granted where appropriate

. Conuratnt: The fire chief of the depanment havmg JUrisdiction should be allowed 10 authorize the burning of wood waste and vegetation resulting from a stormornarural disaster wtthout havmg to obtainpriorapproval from the Commissioner for emergency burning. A report could then be submitted to the department. (MFD)**R~sponst:** 326 lAC 4-1-4.3 allows for such a delegation of authority by the commissioner to other specified local agencies. including fire depanments. SUMMARY/RESPONSETO COMMENTS RECEIVED ATTHE FIRST PUBLIC HEARING 

### On February 7. 1996. the air pollution control board (board) conducted the first public hearing/board meeting concerning the development ofamendments to 326 lAC 4·I. Comments were made by the following panics: Indiana Farm Bureau. Inc. (IFB) U. S. Forest Service (USFS) Hoosier Environmental Council (HEC) Following is a summary of the commentS received and IDEM's responses thereto: Commtnt: The Farm Bureau is pleased to see that the rule now allows for the burning of orchard waste. debrushing activities along ditch banlcs, and burning ofabandoned wood**suucru~** in unincorporated areas and encourages the board to preliminarily adopt the rule

. (IFB) Rtsponse: These changes were made to the rule to reflect recent legislative changes to the open burning statute. Commtnr: The Hoosier National Forest suppons the rule and in particular the exemption the rule gives the U
. S. Forest Service for ceruin types ofburning. (USFS) Rtsponst: The federal rules governing the U. S. Forest Service require that they prepare a burning plan as pan of lheir mandated planning and public notification process. This information mirrors what IDEM would**r~uire** an agency to submit in a variance request
. Therefore IDEM hu added the U. S. Forest Service to the list ofland management agencies that are exemptformaintenance purposes from the open burning rule. Comment: The Hoosier Environmental Council (HEC) has general concerns with the exemption section of the rule. HEC supports lhe concept of requ1ring public land management agencies to request a variance as a means to allow the public an opportunity to ex**pres~** !heir obJections on a specific burning activity. It is HEC's belieflhal some 

### Indiana Register. Volume 19. Number 7. April I. 1996 1609

## Proposed Rules public land managemem agencies. such as the Depanmena orNatural Resources and the Hoosier National Foresa. are currendy overusmg prescribed burning

. especially in southern indiana in certain types of forest communities like upland oak barrens communities. In thiS rulemaking, HEC spec•facally objects tothe U
. S. Foresa Servicebeing added to lhe lis• of public agencies chat are no longer required to obrain a vanance prior co iniliating a prescribed buming activity

. (HEC)**R~spons~:** In the past. 

### IDEM granted variance requests from the U
.S

. Forese Service because the requirements and resanctions contained in the SliCe·s open buming variance review policy were mel by lhe U. S. Forese Service's regulations governing prescribed buming. For eumple. the federal rules require that landowners next 10 the bum area be conucled. that the bum take place only under favorable meteorological conditions and that alcema1ive methods 10 burning be considered

. The lDEM approval process is therefore no1 necessary 10ensurethaclhe subscamive conditions for environmentally safe buming are 

### rrcet
. IDEM views the rule change giving lhe U
. S

. Forese Service an approval by rule for prescribed buming as a slreamlimng process chat will result in 

### no adverse environmental eftects

. 

### 326 lAC 4·1.0.5 326 lAC 4-1-1 326 lAC 4-1-2 326 lAC 4-1-3 326 lAC 4-1-4 326 lAC 4-1-4

. 1 326 lAC 4-1-4.2 326 lAC 4-1-4.3 326 lAC 4-1-6 326 lAC 4-1-7 326 lAC 4-1-8
SECTION 

### I. 3261AC 4-1-0.5 IS ADDED TO READ AS FOLLOWS : 326 lAC 4-1.0

. 5 Definitions Aulborily: 1C 13

- 1

- 1_..; IC 13-7-7 Alrtcted : JC 13-1·1; IC 36-9-17-l 

### Sec. 

### 0

.5
. Unless otherwise stated, the following definitions apply to this rule: (I) 

### "Adequate firdlghting equipment" means equipment sufficient and appropriate under the circumstances to extinguish the 

# nre. (2) "Clean burning petroleum products" means an uncontaminated, refined petroleum product, such 

### as kerosene or diesel fuel, not previously used In any application

. (3) "Clean uncontaminated petroleum" means refined petroleum not pcevlously used in an application, such 

### as diesel fuel or kerosene. (4) "Clean wood products" means wood 

### products, including vegetation, that are not coated with stain, paint, glue, or other coating material

. (5) "Drainage ditch" shall have the meaning orregulated drain or open drain under IC 36-9

-27-2

. (6) "Emergency burning" means the burning or clean wood waste caused by a natural disaster or an uncontrolled event, such 

### as the following: (A) A tornado. (8) High winds

. (C) An earthquake. (D) 

### An explosion. (E) 

### A hall stonn, a rain storm, or an ice storm. (7) 

### "Open bum" means the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack 

### or chimney from an enclosed 

### chamber. (8) 

### "Open buming approval" means an authorization allowing 

### an activity that othuwise is not exempt or allowed by law. 

### fAir Pollution Control Board: 326/AC 4-J-()

.5) 

### SECTION 2. 3261AC4-I

- IIS AMENDED TO READ AS FOLLOWS: 326 lAC 4-1-1 Scope ofrule Autlaorily: IC 13-1-1-4; IC 13-7-7 Affected: IC 13-1-1 

### Sec. 

### I. The requirements ofthis**rule~ ~At**  4--1-} 

### establish standards for 

### Ute open burning 

### ef IRa&eFial**~** 

### that would**m~ull** 

### in emissions of regulated pollutants. 

### This rule (m

### lAG**~applies** IYIF)'IJJA8f8 

### iR**Ute~** IHipl

### iR aFM5wMFe**~** peRRiUee**~~lAC;~** 9f &Ylh9fi7Je8**~** YaAaR68 pYF6llaRl &e**~** JAG 4-1-4 aFe 

### Jn&tii"hed**~** 

### odMF 6Qle 9f leGal**~** 

### Fegulaliens 1 eF eRliAan&e&. 

### toall open burning except for the following: (l) 

### Open burning by and at a source that has 

### obtainr · registration or pennit under 326 lAC 2-1, 326 lAC or 326 lAC 2-8 that spectrally regulates the opeo burning to be performed by and at the**sou~.** 

### This rule does 

### apply co open burning not addressed In sucb a registration or pennit, or If the registration or ptnnit requires compliance with this rule. (2) Where open burning allowed under section 3(b) through 3(c), 4, 4.1, or 6 of this rule is 

### prohibited by other state or local laws, regulations, or ordinances. 

### (Air Pollution Control Board: 326 lAC 

### 4

-1-1 :filed Mar 10. 

### 1988 , I:20

### p.m. : II IR 2419) SECTION 3. 3261AC4-1-2IS AMENDED TO READ AS FOLLOWS : 326 lAC 4-1-2 Prohibition against open burning Authority : IC**13-t-t~;** JC 13-7

-7 Alreded: IC 13-1-1 

### Sec

. 2

. Ne fJ6R9R**~** epeR bum**~** 

### malerial Open burning is prohibited except as pFe'lided allowed in 

### seeftelt**~** 4; eF'

### efthis rule. The department encourages recycling by we or reuse rather than by burning. (Air 

### Pollution Control Board; 326/AC

### 4-1·2:filed Mar 10, 

### 1988, 1:20p.m. : IIIR 2419:filed Jan 6, 

### 1989 , 3:30p

.m.: 12/R 1126) SECTION 4

. 326 lAC 4-1-3 IS AMENDED TO

# REA( FOLLOWS : ' 

### Indiana Regisrer. Volume 

### 19 , Number 

### 7
. April I
. 1996 1610

### ;

.; ,; 

# •



# .. ;! 

# 0

.I '!


# .. t ·) y

I

# . s

· Y >I 

### :R " 326 lAC 4·1·3 Exemptions Authority: 1C 13-1-1-4; IC 13

-7-'7 All'ected: 1C 13-1-1 ; IC**13 l.l**  Sec

. 

### 3

. 

### (a) IC 13-1·1.2 

### exempts certain types 

### of open bumin1 for maintenance purposes listed as follows : (1) 

### A person may open bum the following: (A) 

### Vegetation 

### from: 

### <0 

### a rann; (II) an 

### orchard; (Ul) 

### a nursn-y; (lv) a tree farm; or (v) a drainage ditch. (B) 

### Wood products derived from pruning or dearing a roadside by a county highway depanment. (C) 

### Wood produces derived fromtheinitialclearing of a public: utility right-of-way 

### so long as the open bum occurs in an unincorporated area. (D) 

### Undesirable: (i) 

### wood structures on real property; or (il) 

### wood rtmnanes ofthe demolition of

### a predominantly wooden structure originally located on n:al 

### property; in an unincorporated area 

### for maintenance purposes. (E) 

### Clean petroleum products for the purpose of malntalnincorrepairing railroadtracks, 

### including the railroad rigbCs-of-way, butnot includingrailroad ties. (l) 

### AU open burningthat is allowed undertbis subsection must 

### comply with the following conditions: (A) A 

### person who open bums shall extinguish the**fi~** 

### ifthe fire creates a nuisance or fire hazard

. (B)

### Burningmaynot beconducted during unfal'orable meteorological conditions, sudl as: (I) 

### high winds; (ii) 

### temperature inversions; or (Iii) 

### air stagnation. 

### (C) All rares must be attmded at all times during burning until completely extinguished

. (D)

### All asbestos-containingmaterialsmust be 

### removed before the burning of a structure. (E) 

### Asbestos-containing materialsmaynot be burned. 00 (b) 

### The 

### fellewiAg types 

### offires identified in subsection (c)

.are 

### peRRiued allowed under this rule. Unless specified otherwise, thefollowingconditions applyto any fire allowed by this subsection: (1) 

### Fires must 

### be attended at all times and until completely extinguished. (2) 

### If, at any time, a fire creates: (A) a pollution problem; (B) 

### a threat to public: health; (C) a nuisance; or (D) 

### a fire hazard; 

### it shall be extinguished

. 

## Proposed Rules (3) No burning shall be 

### conducted during unfavorabl meteorologial conditions, suc:h as: (A) 

### high wincis, temperature inversions

. orairstagna tlon; or (B) 

### when a pollution alert or ozone action day ha been declared. (4) 

### All burning shaH 

### comply witb other fede

. ral, state and local 

### laws, rules. and ordinances. (5) 

### Adequate firdlgbting equipment shall be on-site fo 1 extinguishing 

### purposes during burning times. (6) 

### Burning shall be 

### conducted durin& daylight hour. only, and all fires shall be 

### extinguished prior to sunset
. (c) 

### The following types of

# rares are allowed: (l) Recreational or ceremonial fires.**6tde~ra&IAg ~**  NigM 

### Cef9fAeRies,**~** l&tM6**'ele~FaliRg** 

### 68heel**pep~ ~such**  

### as 

### fires**eele~AiiRg** 

### for scouting aclivilies ,**~and** 

### fires used for 

### M&fNii9Aal aR4 

### cooking purposes, such a! 

### campfires

. subject to the conditions in subsection (b)(IJ through (b)(S) and the following conditions: (A) 

### Only clean wood products, ngetation, paptr, charcoal, orclean burning petroleum products maybe burned. (B) 

### The 

### local fire department and health department 

### must be notified at least twenty-four (24) 

### hours prior to any burning where 

### the size of

### the pUe being burned is morethanone hundnd twenty-five (125) 

### cubic feet

. (C) 

### Fires shall not be 

### ignited prior to two (2) bours 

### before the recreational activity is 

### to take place and shall be extloguisbed upon conclusion or the activity

. (D)

### The pileto be 

### burned shall be less than or equal to one thousand (1,000) 

### cubic feet and only one (1) 

### pile may be burned at a time. (E) 

### The fires shall not be 

### used for disposal purposes. (F) 

### Fires shallnottakeplace within five hundred (500) 

# reet or any fuel storage 

### area or pipeline.**~** (2) 

### Private residential burning. where the H&iaeAGe 

### building c:onlains four (4) or fewer dwdling unils

. 8wFRiag**~1M** iRa

### ROA89fABY&tiele**~~Maiaer wU.GieAd~**  WfKe4fe**~** a&e'fliall 

### primaFy GelfiBY&tteA aK

### wAA**IA&h~68Q** 

### 6f4e& a 

### BeU8fAo W a flll&h 

### 69'18FIAg wAA 

### 9fU1RlR@& M**~**

### 4Mft &AI**few~lt ~**  

### iReR**~** 

### Burning is prohibited in apanmenl and condominium complexes and mobile home parks

. BegiMi.bg**~+;June** 

### 23, 

### 1995. residential open 

### burning is prohibited in the 

### fellewieg counties**~~CeYRty. ~**  Qtik Cewaty

.**~** l:.ake C ettnty

.**~ ~**  Ce111Uy

. Veti&Aees, es 

### wtherilled \Hl8ef 

### seelieR 4 

### e.f IItts flHe, 

### sRaU Ret

### M eppre'.'ed lef 

### Rsideatial epeA 

### MiFRiag 

# m me**ee~:uules** 

### &tMM 

# mtfti& 

### sttedi

..

### ·isiea

.**~** 

### FafRt**~YFftiRg:** weed prethtels 

### deri·ted fMfft 

### Hte 

### f&l

## lewittt faAft fft&iRieRMee 

### epereliea&:
Indiana Regisrer
. V o lume 19

. Number 

### 7, April / , /996 

### 161 I

## Proposed Rules
fA+ 

### ihtmiRg 

### eifeR6e**~** 

### aA4 

### HeW&'* RlateFials 4ef:wed**t~erekem. ~** **lhm~iRg** 

### ei**~ ~** **eerir,~ee** ffem 

### GleariAg a**draiRage~ ~**  

### 8uFRiRg ef iifM& 

### W fJR:loRiAg&.**~ ~**  

### if S6 4ft;...

.ea&e6 4* 

### iRfeGted as te 

### Pfe661M a seAtamiRalieA pAMIIem. under section 4.1 (t' ofthis rule. Burning shall be subject to the conditions in subsection (b) and the following conditions: (A) Burning shall 

### be in 

### a noncombustible container that; (i)is sufficientlyvented toinduce adequateprimary combustion; and (U) has enclosed sides and a bottom. (B) Only clet..n 

### wood products, vegetation, and paper may be burned.

. {-1} (3) Was1e oil burning where 

### fhe waste oil originates from spillage during testing of an oil well and has 

### been collected in 

### a properly constructed and located burn offpit as prescribed in 

### 310 lAC 

### 7-l-37(a) ef In the department of natural resources (DNR) 

### ei'lisiea 

### &I rules oil and 

### gas operations. Burning shall be subject to the conditions in subsection (b) and the following conditions: (A) Each oil pit may 

### be bumed once every two 

### (2) months. 

### aA4 aU fhe &K (B) The fire must 

### be**~emplelely ~**  extinguished within thiny (30) minutes aflet: of ignition.**~** (4) DNR burning. 

### ift 6ftief to facilitate prescribed burning on DNR-controlled propenies for wildlife habitat maintenance. forestry purposes. 

### M6 natural 

### area management, f9} and firefaghting or prevention; United States Depanment of the Interior buming. 

### ift 9fGef to facilitate 

### a National 

### Park Service Fire Management P1an. for example, the Indiana Dunes National Lakeshore; and United States Department of Agriculture, Forest Service burning, to facilitate wildlifehabitatmaintenance, forestry purposes. natural area management. 

### ecosystem**managemen~** and firefighting or prevention. Burning, 

### except for firtfighting andprtvention. shallbesubject to conditions in subsedion (b)(l) through (b)(S) and the following conditions: (A) 

### If the fire creates 

### a nuisance, fire hazard, or pollution problem, it shall be extinguished. (B) No burning shall beconducted during unfavorable meteorological conditions, suchashigh winds,temperature inversions, or air stagnationorwhen a pollution alert or ozone action day has been declared. (C) Only vegetation and clean burning petroleum products may be burned. (5) Burning ofmarijuana by federal, state, and local law enforcement offices. Burning shall be subject to tbe conditions in subsection (b), and only clean burning petroleum products shall be used for ignition purposes. (6) Burning, for the purpose ofheating. using clean 

### wood products or 

### paper in a noncombustible containec that is sufficiently vented 

### to induce adequate primary comr tfon. and has enclosed sides and a bottom. Burning 

### be subject to the conditions in subsection (b)(l) through (b)(S) and the following conditions; (A) Burning shall only occur between October 1 and May 

### IS. (B) Burning shall not 

### be conducted for the purpose of disposal. (7) Burning of vegttatlon by fire departments and firefighters to create fire breaks for purposes of extinguishing an existing fire. Such burning 

### is not subject to the conditions in subsection (b). (8) Burning of clean petroleum products for fire extinguisher training, subject to. the conditions in subsection (b) and the following conditions: (A) The local fire department and health department must be provided at least twenty-four (24) hours of advance notification ofthe date, time, and location of the burning. (B) All burning shall take place in a noncombustible container, enclosed on 

### all sides with a bottom. (C) A total of no more than fourteen (14) gallons of fuel may be burned per day. (D) Only one (l) fire may be allowed to bum at a time. (E) AU burning shall 

### be conducted In such a 

## mar'"T so 

### as to prevent any possibility 

### of

### soil**contami~ ~**  

### AA eKeRlptiens tHHief 

### sueseetieft**~ ~**  

### M whjeef te 

### fhe 

### felleWiRg: 

### f»**~** 

### wee4 

### preftue1s &halt M 

### tMtfRe4 6Riess 

### etheFWise S4Med 

### ift &YIJseetieR**~ ~** **~** 

### sftal4**~** 

### aueAde6 at 

### all 1-iRtet**~** 

### eeMpletely elltiRgYisRe6.**~** If ftfes**~** 

### a AttiSaAee 9f 

### a fife 

### hai!ftf8.**~** 

### shal4 he 

### eJUiAgYished.**~Al-l** 

### resideRtiat faf:m;. 8:ft6 was4e 

### eilll\tfftiag 

### sftal.l eeew**~** 

### daylight Aettfl; dYfiftg 

### wft.ieA fhe**li-M&~**

# ee fepleR-**~** 

### '*tl**~** 

### ift weh a mar.fter lh6t 

### aeaf4y 

### 841 ef file BYfftiAg Rlatefial is 

### eeRSiimed 9y**~ ~**  

### Ne 8ttfftiag 5ftall**~** 

### eeftthtele6 6Yftftg 

### ttftfaveraele meleerelegieal eeaditieAs StieR 

### as tempeFMttFe iR¥eFSi9ftS,**high~** 9f eif 

### stagftalieR

. (Air Pollution Control Board; 326 lAC 4-1-3; filed Mar 10. 1988, I:20p.m.: JJ 

### JR 2419) SECTION 

### 5. 3261AC 4-1-4 IS AMENDED TO READ AS 

### FOLLOWS: 3261AC 4-1-4 Emergency burning Aullaorily: lC 13-1-1-4: lC 13-7·7 Afl'eaed: 

### rc 13-1-t Sec. 4.

# ~Emergency burning with prior oral

# appro**~** Indiana Register. Volume /9, 

### Number 7. 

### April /, /996 1612

# • 

# (

. h d



### d



# ... 0



# .. n 

### t f f



### e f



### a 

# c

e



### e
f


### e


### e



# lf 

### the commissioner or the 

### commissioner's designated agent may be 

### authorized for: t9e 

### felleUJiAg; (1) 

### etRergeli;y 

### eYFRiRg ef 

### spilled or escaping liquid or gaseous petroleum products 

### when all reasonable efforts to recover the spilled material have 

### beer. made and failure to bum would 

### result in 

### an imminent 

### fire or health hazard or air or water pollution problem: or (2) 

### lh:IFRiag ef**~** &emi&tiag ef 

### IRiUeFial 

### clean wood waste and vegetation resulting from 

### a na.Jural disaster where failure tobum would result in animminenthealth or safety bazanl •**~** 

### BtiFRiRg ief 

### tRe pYFpe541 

### effife 

### IMiRiRg,**~** 

### 8YFRiRg ef ttfiMtfti**~** 

### flerttJed Hetft 

### 8 

### elMARg 

### eperacien,**~** 

### reiReYal 

### efflMW.il**~** ief 

### ehaRge iR ..se**eltRe~ ~** **Bt:~FRiRg ef~**  

### e"plesit.•e efeYMf**d&Agere~:~s** 

### M&leriale**~** wftieft tte 

### ahemative dis,esal tRelfte4 

### Mts+s ett 

### wftel:e lFBMpeRatiea 

### el SYeh mtuerials 

### is iiRpessiele.**~** 

### 8YFRiRg**~** 

### 81l81Rpted**~ ~**  iAG**~ ~**  M 

### permine9 

### w+Yl 

### f)fief**~** ef 

### a 

### vaFianee appliGalieR aA4 

### appre¥al ef 

### The commissioner or 

### the commissioner's designated agent shall issue a written approval within seven (7) 

### days ofthe oral approval. (Air Pollution Control Board; 326 

### IAC4

-1·4:filedMar 10. 1988, J:20p.m.: 

### JJ 

### JR 2420) 

### SECTION 6. 326 lAC 4-l-4.1 IS ADDED TO READ AS 

### FOLLOWS: 326 lAC 4·1-4.1 Open burning approval; criteria and conditions Authority: JC 13-l-1-f; IC 13-7-7 Affected: IC 4-21.5: JC 13·1·1 

### Sec:. 4.1. (a) Burning not uempted by section 3 or 4 of this nde may be authorized bythe issuance of an approYal by

### the commissionerorthecommissioner'sdesignated agent after consideration of an approval application. Such burning may be authorized for, but not limited to, the foHowing: (1) 

### Burning for the purpose of nre training. (2) 

### Burning of natural growth derived from a clearing operation, such 

### as removal ofnatural growth ror change 

### In

### we of the land. (3) 

### Burning of highly explosive or other dangerous materials for which no alternative disposalmethodexists or where transportation of such materials is hazardous. (4) Burning of untreated wood.

. (5) 

### Burning of natural growth for the purpose of land

managemmt. (b)The following criteria maybeconsidered for**appr~val** 

### under this section: (1) 

### The applicant has demonstrated that alternative methods for disposal are impractical or prohibitively expensive

. 

# Proposed Rules (2) 

### There are not more than five (5) 

### residences or structures withinfive hundred (500) 

### feet of

### the proposed burning site. (3) 

### There have been no open burning violations at the site 

### of' the proposed burning or by the applicant. (4) 

### Ifthe application involves a structure for fire training, the structure has not been 

### demolished prior to training activities. (5) 

### The burning site is located in a county notdesignated 

## as a nonattainment area for PM,.orozone. Thecommissioner or 

### the commissioner's agent may allow open bumlng in such nonattainment areas, subject to conditions necessary to protect air quality. (c) No approval shall be granted at any time for residential burning in Clark, Floyd, Lake, or Porter County

. (d) Any approval shaD be subject to the following conditions unless otherwise stipulated in the open burning approval letter: (1) 

### Only clean wood products shall be burned. (2) 

### No asbestos<antaining material shall be 

### burned. (3) 

### No burning shall be conducted during unfavorable meteorological conditions, such 

### as: (A) 

### high winds, temperature inversions, orairstagnation; or (B) 

### when a pollution alert or ozone action day has 

### been declared. (4) 

### Burning shall be conducted during daylight hours only, and all fires shall be extinguished prior to sunset. (5) 

### Ifat any time the fire creates: (A) 

### an air pollution problem; (B) 

### a threat to pubUc health; (C) 

### a nuisance; or (D) 

### a fire hazard; the burning shall be extinguished. (6) 

### The local 

### fire department and health department must 

### be notified at least twenty·four (24) 

### hours 

### in advance of the date. time, and location of the burning. (7) The 

### approval letter shall be made available at the burning site to state and local officials upon request except during emergency buming. (8) 

### Adequate fireflghting equipment shall be 

### on--site for extinguishing purposes during burning times. (9) No burning shall take place within: (A) one hundred (100) feet of any structure or poweriine; or (B) 

### three hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline. (10) Fires must be 

### attended at an times until completely extinguished. (11) All burning must comply with other federal. state. or local Jaws. regulations, or ordinances, including 40 CFR 61 Subpart M• (National Emissions Standards for Asbestos). 

### Indiana Register. Volume 19. Number 7, 

### April I. 1996 1613

## Proposed Rules (12) No waste that is regularly generated 

### as a result ofa routine business operation shall be burned. (13) The 

### material to be 

### burned shall nO( exceed one thousand (1.000) cubic feet. (e) An approval letter shaD be 

### valid for no longer than one (1) year from thedateofi.ssuanee. However. an**approv~** 

### al letter may be valid for as tong as flve (5) years if the approval appllcation is 

### accompanied by an open burning plan. The plan shall: (I) 

### contain a description of 

### the open burnJng proposed Cor the period of time for which an approval Jetter is 

### soughc; and (2) be inrorporated as a condition ofthe approval letter under subsection (d) 

### or (f). 

### Any cbange inthe planmustreeeive an additional approval letter. unless the change is to reduce open burning. or the change js 

### to conduct burning exempted under section J or this rule. The plan shall be 

### available for review upon 

### the request by the department. (f) 

### The rommissioner or the commissioner•s designated agent may add conditions to an approval letter. as neces· 

### sary. to prevent a public nuisance or protect the public healtb ortheenvironment. Such conditions maybebasedon local air quality conditions. induding whether the area is 

### a nonattainment county as defined in 326 lAC 1-4-1 or 

### bas been

### redesignated from nonattalnmenttoattainment status. (g) 

### A decision on the open burning approval letter is subjecttoIC4-21.5 (AdministrativeOrders andProcedures 

### Ac:t). (Air 

### Pollution Comrol Board: 326/AC**4~1-4.1)** 

### SECTION 7. 326lAC**4~J-4.2lS** 

### ADDED TO READ AS FOLLOWS: J261AC 4·1-4.2**O~n** 

### burning; approval revocation Authority: IC IJ-1-1-4; IC 13-7-7 Affected: lC 13·l·l 

### Sec. 4.2. The commissioner or the commissioner's designated agent may revoke an approval letter if the applicant: (1) 

### violates any requirement ofsection 4.l(d) ofthisrole; (2) violates any condition added to the approval letter under section 4.1(0 of this rule; or (3) falsifies infonnation on an application for an approval. 

### (Air Pollulion Control Board; 326/AC4-1-4.2) 

### SECTION 8. 326 lAC 4·1-4.3 IS ADDED TO READ AS FOLLOWS: 326 lAC 4-1-4.3 

### Open burning approval; delegation of authority Authority: IC 13-l·l-4; IC 13·7·7 AJJ'eatd: IC 4-ll.S: IC 13·1·1 

### Sec. 4.3.

### ThecommissionermaydeJegate the authority ,, issue open burning approval letters in accordance withthis section to a local health department. 

### fire department. 

### solid waste management district. orother agency upon a demon· stration that che agency: (1) 

### has the necessary legal authority and resources to 

### implementanapproval programthat

### Is atleast asprotettiveorthepublichealth, welfare. andtheenvironment as the provisions ofthis rule; (2) 

### commits to Implement the program described in subdivision (l) 

### and to follow the public notification procedures of IC 

### 4-ll.S in the issuance of approval letters; and (3) has no areas designated nonattainment for ozone or 

### PM,o in itsjurisdiction. The commissioner mayestablish conditions for the delegation and may revoke any such delegation if

### thecommissioner detennioes that any condition 

### has not bt(\11 satisf"ted or the circumstances under which the delegation was issued havechanged. 

### (Air Pollution ControlBoard; 326/AC4-1-4.3) 

### SECTION 9. 3261AC 4-1·61S AMENDED TO READ AS FOLLOWS: 326 lAC 4-1-6 Air curtain destructors; approval; exemptions Authority: IC ll·l·l-4; IC 13·7-7 AJJ'ede4: IC**13·1~1** 

### Sec. 6. (a) An owner or operator of an air cunain de

### structor. as defined in 326 lAC 

## 1-Z-z.s. shall submit an application to thedepartment toobtain a leuerofapproval from the commissioner or 

### the commissioner•s designated agent prior to its installation oroperatton at a new site. The owneror operator: (I) 

### shall not operate the air cunain destruCtor unless the owner or operator holds a valid Jetter ofapproval; f£em**~** 

### Gell'lfRiSGieaer and (2) shan 

### maintain the 

### letter ofapproval at the 

### aircunaindestructor site at all times for verification by**~ dep~t**  

### state or local officials.**~ ~** **a~plieatieR** fef 

### a**~** 

### ef 

### apprePJal. eft ewRef ef eperalef

### shaH 

### pay e 

### fee 

### ef**~~~~me** dep&nRM!Rl. 

### Fees pet4**~ ~**  shall be 

### paHI**~** 

### eheek ef**~** 

### &r4et: aM sft&H be 

### fRlMie**~** 

# * IFMiiana DepaFtRM!At 

### ef 

### Eft'tJireRfftealal MMagefflel\l. (b) 

### A person exempted under section 3 ofthis rule does notneed toobtaina letterofapproval from tbecommissioner under this 

### section for the exempted burning. Howeva-

## • · tbe burning shall comply with the conditions set forth j f \ 

### Indiana Register. Volume 19. Number 7, April J, 

### 1996 1614 I 

# \\

# 0

(

.. section 7 orthis rule. fAir Pollution Comrol Board: 326/AC
· 4-1--6;

### filed Jan 

### 6. 1989. 

### 3:30p.m.: 12 IR 1126) 

### SECTION 10. 326lAC

### 4·

### 1 ·7 IS AMENDED TO 

### READ AS FOLLOWS: 326 lAC 4·1·7 Aircurtain destructors: approval conditions Authority: lC 

### lJ..l-t-4; IC l3·1·1 Affedtd: lC 4-:U.S; IC ll·l·l Sec. 7. (a) lA ef4ef

### To obtain an 

### air cunain destructor Jetter of

### approval, the owneroroperator shall ensure that 

### installation 

### and operation of sucb air cunain destructor will comply with subdivisions (I)**through~** 

### (22) 

### as follows. Burning shall be terminated immediately at any aircunain destructor site 

### whieh that does 

### not comply with this stttion. (I) 

### Only untreated wood products shall be burned, except 

### for minimal amoums ofuncontaminated petroleum products**~** 

### that may be used for ignition. 

### MeKAanla91e wee&**JJFe""~'6 ~**  AC* 8&**~.** (2) 

### Burning shall not 

### be conducted during unfavorable meteorological conditions. such 

### as high winds orair slagna· tion or when a pollution alert or ozone action day has**~declared.** (3) 

### The air cunain destructor shall not be 

### operated prior to one (I) 

### hour after official sunrise. aR4**oom~Y&lieR ~**  8& 

### &emphMe the 

### fire shall not be 

### fed 

### after two (2) hours before official sunset. the fire must be completely extin· gltished byofficial sunset. and at least one (I) 

### foot of

### dltt 

### must be placed over the ashes in the pit by 

### sunset. (4) 

### An 

### aircunaindestructor site shall be 

### located 

### no less than fi.ye 

### huRdree**~** 

### two hundred fifty (250) 

### feet from any private residence. public roadway. powerline. pipeiiRe,**Ate~ ~**  QJea,. et: 9'-l&iAe&&. 

### or structure. and no less than five hundred (500) 

### feet from any pipeline or fuel storage area. (5) 

### An air curtain destructor site shalt not be 

### located a. 

### within one thousand (1.000) feet of a landfill or transfer station 

### as defined**in~ lAG~**  

### 3291AC**2~2-1.** (6) An 

### air cunain destructor shaH 

### not be 

### pennanently located at any 

### site. · 

### (7) An 

### air cunain destructor shall be 

### attended at 

### all times white burning and until 

### combustion is complete. Adequate firefighting equipment shall be 

### maintained at an air 

### curtain destrw:tor site at alt times during operation. (8) 

### Burning sbaU not create or contribute to: (A) 

### an air pollution problem; (8) 

### a nuisance: or (C) 

### a fire hazard. (9) An 

### aircunaindestructor and pit shalt be 

### maintained and operated 

### according to (he manufacturer'sspecifications and recommendations. (10) 

### The fan blades orthe air curtaJn destructor shall be regularly cleaned to reduce buUdup of dirt and 

### debris. Ul) All canisters must be properly aligned, connected. 

## Proposed Rules
and maintained so asto prevent 

### leaks between adjacent canisters. (12) 

### The nozzles must be maintained in good working condition. The minimum avenge velocity at the nozzle mnst be nine thousand 

### fifty (9,050) 

### feet per minute. and the alr now at the nozzle mast be a minimum of seven hundred fifty (750) 

### cubic fe« per minute per foot of lengtb. (13) The engine running tbe air curtain destructor fan must be maintained in proper working condition. (14) The width of the pit shall 

### not extend beyond the length of the nozz!e action. (15) 

### The distance from the air curtain 

### destructor to tbe opposite wall of the pit shall 

### not exceed ten (10) 

### feet. (16) The depth of the 

### pit shall be of such distance to allow all burning material to be 

### below the curtain of air created by the air curtain destructor. (17) AU 

### nozzles shall be aligned anddirected toward the opposite wall so that the air strikes the opposite wall approximately three (3) 

### to four (4) 

### feet below the grade upon which the air curtain destructor 

### Is located. (18) The air curtain destructor shall not be 

### at a higher elevation than the elevation 

### of the opposite 

### wall. (19) The pit 

### shall be enclosed on four 

### (4) sides. and the walls 

### shall be perpendicular to level ground. (20) Material being loaded into thepit shallbe picked up and dropped into the pit, and at no time 

### shall the material protrude through the curtain of air while burning. (21) 

### The approval letter shall be made available 

### at the burning site Co state or local officials upon request.**~** 

### (ll) The owner or operator of an air curtain de-- structor shall providetwenty·four (24) 

### hournotification in advance to the 

### local fire depanmem and the local health depanment of the dates and 

### times that the 

### air cunain destructor will be in operation. (b)

### An aircunain destructor letter 

### ofapproval shall 

### be valid for no longer 

### than one ( l) 

### year. (c) 

### The commissioner or the commissioner's designated agent may add conditions to 

### an air cunain destructor letter 

### of approval as necessary 

### to prevent a public nuisance or protec:t the public health. (d) A 

### dedsion on the air curtain destructor Jetter of approval is 

### subject to 

### IC 4·21.5 (Administrative Ordersand 

### Procedures). (Air PolluJion Comrol Board: 326 lAC 

### 4-1-7; filed Jan 6. 1989. 

### 3:30p.m.: 12/R IJ27) SECTlON ll. 3261AC4-l-81S AMENDED TO READ 

### AS FOLLOWS: 3261AC 4-1-8 Aircurtain destructors; approval revocation A\ltborily: IC 

### 13·1-t-4; lC ll-1·1 Affected: IC 13·1·1 Indiana Register. Volume 19. Number 

### 7. April I. 1996 

### 1615

## Proposed Rules
Sec

. 

### 8

. The commissioner or the commissioner's designated agent may ttpett**~** eettSe 

### revoke an air cunain destructor letter of approval ifthe owner or operator: (I) 

### violates any 

### requirement of section**~** lhrettgh**1~a~(** IQ) 7(a) 

### of this rule; (2) 

### violates any condition added to the lener of approval under section 7(c) of this rule; (3) 

### violates any other state or local 

### rule or ordinance penaining to lhe installation or operation of air cunain destructors: (4) Wsi,:jle& falsifies information on an application for a letter of approval; or (5) 

### operates an air cunain destructor in a**manner~** 

### that is hazardous to the public health

. (Air Pollution ControlBoard ; 326/AC 4- I-8;**fil~d**

### Jan 6. 1989. 3 :30p

. m.: 12/R 1127}**Nolie~** 

### of Public**H~aring Und~r**  

### JC 4-22-2-24. IC 13-7-7-4. and IC JJ-7-7. I, notice is hereby given that on May I. /996ar/:00p

. m, atthe Indiana Government Center-South. 402 West Washington**Str~er.** 

### Conference Cenrer Rooms 4 and 5
. Indianapolis. Indiana**th~** 

### Air Pollution Control Board will h.old a public**h~aring** 

### on proposed**a~ndmtms** 

### concerning**op~n** 

### burning approval criteria. The**purpos~** 

### of this hearing is to receive**co~nrs**

### from**th~** 

### publicprior to final adoption of**tM5~** 

### rules by the board

. 

### All inrerested persons art invittd and 

### will be given reasonable opportunity 10**expr~ss** 

### their views concerning tht proposed**amtndm~nrs .**  

### Oralstatements will beheard. but for the accura

### cy oftht record, all commenrs shouldbe submitted in writing. Procedures to**b~**

### followed at this**h~aring** 

### may**b~**

### found in**th~** 

### April/, 1996, Indiana**R~gistu.** 

### page 1710 (19/R 1710). Individuals requiring reasonable accommodations for participOiion in this ewnt should contact the lndilma**D~** 

### partmtnt of**Environm~ntal** 

### Management
.**Am~ricans** 

### with Disabilities Act coordinator at: Alln: Carla Pot, .ADA Coordinator Indiana Department of Environmental ManLlgement J(}() 

### North SeiUlte Avenue P.O
. Box 6015 Indianapolis, lndiaiUl 46206

-6015 or call (3/7) 233-0544 (V) 

### or (317) 233-6087 (IT). 

### Please provide a minimum of72 hours' notification

. Add itioiUllinformationregardingthisaction maybeobtained from Suzanne Whitmer. Rules**Developm~nr** 

### Sution. Office of Air**Manag~menr,** 

### (3/7) 232-8229 or (800) 45/-6027 (in lndiaiUl). Copies of these rules arenowon .file atthe lndiaiUl Govtrnmenr Center-North

. I00Nonh SmartA venue, Tenth FloorEast andLegislative Services**Ag~ncy,** 

### IndiaiUl Government Center· South, 302 West Washington Strttr. Room 

### EO/I.**1~ o~;an**  

### /ndiaiUl and art open forpublic inspection. 

### Felicia R
. 

### George Assistant Coounissioner 

### Office of Air 

### Management

TITLE 329 SOLID WASTE MANAGEMENT BOARD Proposed 

### Rule LSA 

### Document 196-43 

### DIGEST Amends the rules covering thehazardous waste manai permit program and related hazardous waste manager 

### 329 lAC 

### 3.1 to incorporate by reference the United Environmental Protection Agency ' s (U.S. EPA)**new ~**  

### lined hazardous waste management regulations govern collection 

### and management ofcenain widely generated , known 

### as universal wastes. These wastes include cadmium and other batteries, 

### unused. recalled. suspenr canceledpesticides. and mercury-containing thermostat! mercury-containing tamps to the list 

### of uni( • , Effective 30 

### days after filing with the secretary .&te HISTORY 

### First Notice of Commeru Period : October 1. 1995. 

### Re&ister (191R 107). 

### Second Notice of Comment Period: December I. 1995 , 

### Register (19 IR 527). 

### Continuation of Second Notice of 

### Commem Period : Febr 199S. Indiana Register (191R 1226)

. 

### Date of First Hearing : February 20, 1996. SUMMARY/RESPONSE TO 

### COMMENTS FROM 

### THI OND COMMENT PERIOD 

### The Indiana Depanment of Environmental Manageme01 1 requested 

### public comment from Decembet l. 1995, lhrough Ju 1996, 

### and from February I. 1996. 

### through February 14

. 14 IDEM's 

### draft rule languaae

. IDEM received comments fr following panies: 

### Gary F
. Lindgren

. Heritage Environmental Services. (HE 

### C

. Michael Pitts, Indiana 

### Oil Marketers Assn. , 

### (IOMA) Jefferson C

. 

### Bagby. Rechargeable Battery Recycling Corp (RBRC) 

### C

. Norman England

. Ponable Rechargeable Balt.ery Asso (PRBA) 

### Ric Erdheim. National Electrical Manufacturers Asso (NEMA) Stuart W. Kline. 

### Purdue Universicy. (PU) 

### Alan R
. Wood, 

### American Electric Power. (AEP)( Following is 

### a summary of the comments receiv' responses thereto:
Indiana Register. Volume /9, Number 7, 

### April I. 1996 

### 1616