ATTACHMENT I 
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)
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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 so long as the open burn occurs in an unincorporated area.

(C) Undesirable:

(i) wood structures on real property; or

(ii) wood remnants of the demolition of a predominantly wooden structure originally located on real property;

located in an unincorporated area.

(D) Clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights-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 fire if the fire creates a nuisance or fire hazard.

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

(i) High winds.

(ii) Temperature inversions.

(iii) Air stagnation.

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

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

(E) Asbestos containing materials may not be burned.

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

conditions apply to any fire allowed by this subsection:

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

(2) 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 scouting activities, and fires used for cooking purposes, such as camp

fires, subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:
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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 be notified at least twenty-four (24) hours in advance of the

date, time, and location of the burning.

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

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

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

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

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

each day shall be determined as follows:

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

allowed in clause (B) for that fuel.

(ii) The sum of the percentages for each fuel burned each day shall not exceed one hundred percent (100%).

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

enclosed sides and a bottom.

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

uncontrolled spread of the fire.

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

(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 conditions in 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) feet of 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 to the 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 burning if the size of the pile being burned is more than one

hundred twenty-five (125) cubic feet and include the 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
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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 when all reasonable efforts to recover the spilled material have

been made and failure to burn would result in an imminent fire or health hazard or air or water pollution problem; or

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

an imminent health, 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 burning that the commissioner established in the oral approval. (Air

Pollution Control Board; 326 IAC 4-1-4; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2420; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3343;

readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; 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 application is accompanied by an open burning plan. The plan shall:

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

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

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

conduct burning exempted under section 3 of this rule. The plan shall be available for review upon the request by the department.

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

a public nuisance or protect the public health or the environment. Such conditions may be based on local air quality conditions,

including whether the area is a nonattainment county as defined in 326 IAC 1-4-1 or has been redesignated from nonattainment to

attainment status.

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

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North

Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental

Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis,

Indiana 46204. (Air Pollution Control Board; 326 IAC 4-1-4.1; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3343; readopted filed Jan 10,

2001, 3:20 p.m.: 24 IR 1477; filed Nov 15, 2002, 11:17 a.m.: 26 IR 1077)

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

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

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

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

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

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

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

(Air Pollution Control Board; 326 IAC 4-1-4.2; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3344; readopted filed Jan 10, 2001, 3:20 p.m.:

24 IR 1477)
BURNING REGULATIONS

Indiana Administrative Code Page 7

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 officials.

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

section. However, the burning shall comply with the conditions set forth in section 7 of this rule. (Air Pollution Control Board; 326

IAC 4-1-6; filed Jan 6, 1989, 3:30 p.m.: 12 IR 1126; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3345; readopted filed Jan 10, 2001, 3:20

p.m.: 24 IR 1477)

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

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

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

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

operation of such air curtain destructor will comply with subdivisions (1) through (22) as follows. Burning shall be terminated

immediately at any air curtain destructor site that does not comply with this section.

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

may be used for ignition.

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

a pollution alert or ozone action day has been declared.

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

(2) hours before official sunset, the fire must be completely extinguished by official sunset, and at least one (1) foot of dirt

must be placed over the ashes in the pit by official sunset.
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"''"'"' nl•·d ·""I ,,.., •" '" hrl,.tr uH' I hi~ 1 ~T ~y ol ___ ......::>=E:..:C::...::.E.:.M.:;B=E:.:R.!...._ 

.iTAH PRESCRISE:> FOI\:·\ULA 

.83 DtCA COLU~N ~ ~4 POINTS ·POINT~ I $.1 PT. TYPE ~ 16•49 

.49 :HS I :so ~ ·06~~e S~UAR~( 

6596 SOII/.DC:<' v 

PUBLISH~~ nNE TI~£ 

PUBL!~f.ll:'" TUI'\ 

19~ 
7.8 

94 

MARlON Llllllll\' I 

PersonaHv ;tppear('d bt-fon· Ult"_ .t ttola~y pnhllr In .111<! lur ... urlt•mtrll\' ;nu..l :-.t.llr_ !Itt· 

•mdershzned __ ....;A:....:..:..N:..:N""'-=E'"'T,_T-=-=E=--.._P_,I""E=-:..;R:...:S=O~t-.:..1 -----,,ho, lwuu~. (\ul\' -.:wum. ~tv 

lhat_._S he i$ :=-=--=-~C'::"L~E-'::R:-:K~-::--:-:--::-~~-:-::---:--------- oil the 

INDIAN~PCLIS NEWSPAPER5~ INC. ~~~~-----~ 

a 0 A I L Y STAR ue.,..-,.p;~!X"r o! ~c.-~r.tl nlTUial lou pnt ne-d and p{ 

In lhe En!-tlr$h lani.!W.•L.~' nt 1 h<· .-uy 

IOWtt nf _________ _,I~NC!..O~I..:::A:.!..f'J:..::A:...:.P~C 

In state and countv afnrr'<.:.tt<l .• md lh;tl thl' ponied m:utrr '''''-•·hf"<l lll'rt"tn ts a tntr <'opv 

was duly {l\tlllisht"(l i:t -..ml paprr lnr ____;..Hnw __ . th(• rl.tH'lo ttl pll\>lr('<IIHlO l>t"tltll.aS I 

DECEMBER llt l9C75 

,-- Lt <.-'-',,\_. 

Suhsnilu-cl .mol -\\"I'll '" ho•toor•· uw tlu, !. :T Hll.n "' ___ _:)=E--=C=--=~~M:...:..::S:...::E::..:R~-

POINTS 

= 16·49 

SQUAR!:S 

·Zl7 CENTS PER 

-::J_ 

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LINE 

RATE FER 

FUBLIS~::J 

PUBL1St-t~D 

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LINE 

2~!E T I~E 

THO T ll~E S 

TH~EE TH•t::S 

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totAl •ot~ t)A~ tout fo114 lt~• of typ4 to ~1~ thM \4d1 o( t~• 

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lfud 

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IIEC < I 191S 

•• 1.-.. ltr.••.,• I col-• v14• f.q,u.&1A 1'40 ·~..ahd•ot 1tut 

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Alftttootl c~tfJt for oottttt t••c•••lnc ~.at• ot t&b~l•t YOrk ( '0 ptrc.c"t of •~ov• .t.ou~c) • • • • • • • •••• ~ • • • • • •• 

Cl\f.ra• tor f'(Cu ~--oolt of ,..,~~otauto. UloO<I fof .ttat -,roof 

ill t'l:cfl• bt cvo) • 

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ht•llt 4.-... ffUf' •Uowoto.,t .tH Jwt.t c:t•4lttt u.o/1 ttl•t 

tUILlS~I'S AtflO~Vtt 

h'<IO..lh .,,...t.td )•(Of. •'~~• • n~U·? ~\lbU.:: tt> 4n6 tot t•t4 COU1U~ 

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a•~r•\ ctfc~i•tt~• pt1otc4 t.n4 ,ub1t•h•4 i~ \bt t~alt•h l•~a~•t( 1ft 

tt>t {Uf1) ho-l of ~1F>r to •••\« """'"' 'o...~ty t.ta(~­ <lt.lf. •W &Nt tl\• orlattd ••cc•r .t.tc•che4 tl««"tta tt • tr .. c copr, Vbt 

"'" ,.,.,, f"*~lh'ntt: tn ••td. p.-~n for <-. • •· 't•• , ttlt 

a•t•• of pwbltc;t&1o~ b4lOf •• tallowt: 

--------------~l~>LL,·~·~·~·~·~~~~· ·~~~;_<~,c~i_)'-------------- {\ (-. 
l)t:PT OF £1:'t lROtU4~kll.t. f.'G:MNl' 

({ioVe:rnmenut (Jnau 

To: 

GMtfOI Form No. 991? 11\oviM<il9 

Th.e JournaJ.Gazette 

.....!."~':.!:'~'.!:"-------County,lndioM 

P .0. Box 100 

Fort. Wayne, IN 

PUBLISHER'S <:LAIM 

UNECQVNT 

lliapl•y M4u•r (Muot ""' tl<:<>od ,,. act~allin ... ·n•itb•r of,.bicb. oboll tot.al more Ulan {out .. lid lin .. ol type in which tb< body o{ tbt e.d•enioom•ot io .. tl .. nulllbet of equ&v&len.t linea 

Head •• number oflin.. .• ,..~~"lit'. ~~ 0 

3

, P\f lrf :===J!:lj 

Body·· num~t oflintt ;( rn . '', } ,. , a., ... J . .. T&il •• numbft of lin~~ 

Tot4l numbet of lint:r.iD notioe 

COMPtn'ATION Of CHARGES 

tolumN. 'Wide t'QU.r.t. --''-"o"z __ equiva!tnt linn 

-· • -. 

PUBLISHER'S AFFIDAVIT 

Stttf ot lndatno ) 

) .. , Alttn Couf\&)" 

$ _ _,J'-'5"-'-'-J.:_I ----

$ _.::,H"-'''-"J"-t __ _ 

( 

~ ...... 0'> (",..,.oy ~ :bAc (lOt~ "() li'dl 

:i;l C... ShNI. ""'_QII_ Ptt&Ont.Jly appe-attd befort" O"t+. o no\.ary pvblic i.n •nd for t&id county a.qQ 1tat.o. th 

~~o >.a. -C"-., ~/ S.·••<' Sh~· .. )- UJ\dtttigl'lfd IUl. If: ROHTAHs ... ho. beinr duly av.-om, uy• 'hat he 

~..t>•w~'..cw::~.';)r+>'f mw~,.~~~ ... ~f~, ,h .. U Cl~rk ............ oJ tht' Tht Journal-Ca.zetto newtp&))4)r ol amt'tO 

~~~~ .. ~~~-~: ""'* '-*+'¥ a 

\S::.:t;:t=:~,;:Pvbv.~o-...., •.Ow .... 

~ ,,_,_1•- ~ ,..Q. c ... , IQI'- ~to(;Y 

..., - ,_,., "'·~.,....,...,, SI'....O ...... -·*' ... ::;;-::1.-~f=:c=:.:.~~=·;:.t.~ ,. .. ~ ............ 1>. w..-.a>pt <J mt .--"'? ..,.., • """'*' .....,_ ~-N~Otlh~~,...C:.. 

..,._.,...oq_.......,(I"' n-~~·::~~ .... .,. ....... 1:11Jlo(lo~ 

~ ...... ~'01"""'~..,...""""""' N-, ~.._..(Y, ...... ~.., ... ,,.. ........... ~. ".:1:.-a. ...... Coot~ ... ,, .... ~OC. Of \I'Ot 4ICI$> 

~ .... .e.:II!IQI">>II f"'tw,.,...,.. COI"'KO So...1..-.r4 -·- 01 - 11'\Qo- 0..0.•1..,...,1 OJ [r>«Ot'l"'"...-rttl ""~ 

=-:: ~..:.~· 7~'%.: ::...,.~~.:;:;:-

(;lrC"Ulation ponte<! end pubJi.thtO &n tho Enah~b lMgUage in the (city) (towni o 

Fort Wa)·oe. IN in f'Ullt' and county a.fornaid. and that th~ prin\.t<d motte 

attA11¢ht'd htttt<> i.t a uue (:OJ>Y. ll•hic:h wu 4uly 9Ubli.ehed in ea.id J>4pet fo 

---'--time , t.M dew o( publi'-Otlon bei~ !Ill toUOW'e: 

' '\ v \ • 

I 

Sub&cribtd and aworn \o befoTt cn~lhi! 

~ o. <tl 1.ldJ tH.&>1t ., '/"" t')t«'tr 1"''"0.1"'' 

F"? ... ~, M:.- wmmia.&tOt\ ttpiru: ··- •• ..,,.., • • o4110f'f 
( 

J,N OI?I 01" ENVIItQHMRN'IAL "GMT XI 16 (Cove~n~al Unit) 

To 1 EVANSVILLE CO!JRIEB Qz:. 

p,p, 8QX 268, £VAtiSYlLLE IN 47702 

'lAHPPJ}QRGR CoW'Ity, ,JD.dian,a.. - . ·· ··.· ij'\f • I •" : • ,,1: ~ • . ' . . t; PUS1.I.SSD. '.6 C~H: · 

LIW:: COU'NT . . f 1i t \. . .:, \1-.f l• 

Display Ho~tec (Muat not •-e~d two octuol linea, ~either of 

vhich eholl total mora tha" four eolid linea of type tn whicb 

tbe body of the odvactieament is eat) --

Nuaber: of E:quivaleac lin•u . -.-:.:~"-_:. :: :' ~;:: 

Read nUI!Il:ler of lin•e. ·. · _, . ·. · Body -- number of lin<~~o•, . • • ..... _.... • •. • T.ail -- nlllllh6r of line•. . . • . · • · · 

Total number of linea in notic<~~o . . 

uo tines. ___ l __ col~a ~ide equola~1~4~0 ____ equivolant linee at~~53 centa p&r line ..... . .U.:.i...,2'----

Additional chucga for notic•a contoinioq rul• or t~ular work 

(50 percent ot above ~unt) .•.••...... 

Chor9a (or e•tra proof~ of publications cSl.OO !or each proof 

in eJCcesa of two 1 • • • • • • . • . . . . • 

'l'OTJU. N'IOUNT Of' CI..AI14 

DATA FO~ CotiPU'tlNC COST 

Width of sinqla column ~ ams •ru=ber of insert1ono~1~--­

Size of type ~ 1/2 poin~ 

JAN 2 S 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: 

----'-C¥.9,1-o~. eLt.!Jai~ !f' Subacr~bed ond sworn ~o before me thi&~doy ofDECEM&ER • 1921_. 

NOTAAY R£Sl0£10T or POSEY ~ f2_ d~d 

Hy commiesion exptrewt _____ ~~~~~~~~~-'~~~--------
V>III.OCI2 ---0. -·-- =:.:.:=-..=: 

L:. ~~ 

C.. ~·-~·~~· lillie.~-..-.. -·---..- ••IIC·------ .. _ ...._., ........ 

--~·\to -.... a• -.... 

-~-· 

.. __ __ -.c--~ __ ,._ -.. -........ -----·--.... ~-

cz=.""':-. - ~."!!,..!'!"'_ _._._. ..... _!'"'"'..::: ___ . 

_ ..__. ... _.., __ 

_CIMI,_JIIA'--

___ 

'--..._ 

..... 

...___ .... _ _ , 

•• P'IMZD41.w ~ "'11 ~ --· -· --- 111e __ ._, 

=-: ............ .., ... -~Qo.:,;:.J...: __ ,_ 

-·--· _ .. _..,.._ ::-.:;;: ----• u .:"':': 

-----

:w~-=:. 

____ 

_.,. --~--__ _, __ .... __ .. _, ... __ _ ,., ... __ ... 

-........ 

~--.--­ .., .... IIICIQII_ 

--~-.. .. ----...- --.. - _.,_ __ _ --.IGD- -

--.. ...... tOO ---Mot. ~==~ =-JIIII··-"" =-

----~­ oo ~.-a c-. Q...-

-., - L*orl. * --- -'--'-"'"'Y. ICII .................... =-.._,~c.;: 

--- - .... lqo eo-.- _ ~1«1- __, ....... - , a...--·---11# b .. :=:.::.::! 

=.--:-... -== ,.,_., -·---

·--~.. _,. .. --.. -- ·----·- ·-loo -·-- ... 

--::·:;-:-=. 

~...,.,~ 

-----· -;.:...." __ 

-·--

-----·- ,_ __ _ 

--·--- -.- .. ~ 

~--~~~­

----

c-.-.IIID-- =."":":" :,:B\2 

="tc:.o. 

--

--~~~....._ ftAorwO... II, lfllll 
( 

~ . 

l. 

C. 

NEW ALBANY TAIBUNfRC:Ct:..i\/EC 

300 SCRIBNER OR. D E 

P.O. BOX S-)7 ' .M. ···--··~'- -d-~CI>~;;:~· floy ,.. .. ....... _..... .......... . . .. .... ~.):.../11)1, o ~<lo&no. 

~EW AI..BANV. IN 47150-o997J,::I 2 2 l9% 

PUBLIS:liER'S CLAIM 

LINE COUNT CONTROLLERS Dl i--- ~ 

Di:~play ~lat~er ::">lust not exceed two actual lines. neilhu ot ;\ ~hich -- shall total mo:·c than !o~:r soh~ linu ot the type 1n which lht body 

of the :~ov<.>rt,sement is Jet) - number of equivalent Jines 

Head- number o! lin~s 

Body - numo~r o:· iines 

!~il- r.umoc~ o: iines 

Tot;)\ '"··~~-1c: of lines::-: notoc~ ......... ·~· ........ . 

COMrUTATIO!'J OF CHARGES 

/ "$ ... .. .. ..'.' l•ooc:s. ..... colurr.r1 ~ .......... equivahent 

Iones a1 t5/.P-~enu · hnt 

Addllton;)l cna,ge !o: ~otoc:a co~ t.a 1no n~ 

lbOve &mo~..r~ ·. 

ru1 : or t.alluJ:~r 'oiOI'il C $4 peree.nl ol 

~ ...... .:2!'.3d 

':J'"" 

~( \\ )!~ \~~ S' I 6 • 11e oo lY"Pe ............ pomt 

f>UDUSti£n'S AF'f'lDAVIl' 

_r.lQY.d .. -·- ..... - ....................... Co\lnty } u : 

Pe:sonally •ppeuw bdore on~. o noL&ry publk in 3nd lor Ul(l co\luoy ~r.: l :c. I> 

VntmJ~·ned -~ ~.~~.¥ .... ~?. .... .. ....... .. .. ... ............. . .... .. who, btl"l OU;)' IW• r., 16) 

t/1~·~ .. ht oa .. .. ~<_?_£~~.~ I? ~-~ ........ _,, .... _ .................. ............. .......... ..... :{ I} 

t'r::u-e/~ ..................... ~ _,._,.,_ .... - .................. _ ....... :o ....da.ily~y ....... -.... - ........ " ......... .. 

cer~'"l c•r<ul:ulon printed and publiahed In ~ho £nalloh lanru~r~ In the •.<·\y) (wwn 

ol .~ ~-....... _ ............ _ .... _ ..... In .rata and coun\)1 o.loro.nod, and th•l the printt. 

""' :u ~~h.~hcd hereto u • trot copy, ..,ll(ch ,., .. duly pu bi\Jhtd in •o.ld p~pcr for .. /... 

lilT.< .... l.hc dt.te• ol pubUcallon beonc u lollowa : 

..... . 4<.~~.~~ ..... /..~ ........ .......... ~~ ' ....... --·G..-"-~~... .. ..... . ~ 

Su't:scnbcd and ... ·om to bt.l<lre me thJa. .).~ ....... day ot.. ..... ~.~':l ~~ ~.Y. ... ·· ~~~ 

........ ~-·~Noi?;;~~ .... ................. ~.-

ldy Nnlmlla(on e.rporu ......... _3. ... ~:J:?._:..<J.%. _____ ... 
PUULtS9£ft•S Af"FI0AVI1' 

.... f l 9.Y.9 ....... _ ....................... -"' ........ County 

:e, the 

l h :1.: ~ •• he b ... ~~.5?~9. .1?.~. E-··· ··· .... -................ ~ .................. ,. ... , ..... , .......... .. r.r the 

T" :=v/a.n:l!ly tJld;ler d>ily/weel<ly ........... .. .. . .. ................... ......... ... ....... . ............. .4.. . .......... - .... -..... ......... • ... . 

c~~' ~rt l cu·cul• t•on. priftt.td •nd bli hed In tht £nflith lanfr~Jacc II\ d·.c . t ~Y• itO"""*) 

o f. .~ .. ~ ............................... _ .... .Jn tt~te &nd coun ty O(OfU:t.td, t .n.d thu the. pdnted 

n1aau •tt.•chc:d hu-eto i.a alnac co~y, •hkb '""duly published in t a.id p:~.pc r :or ./... ... 
( 

(_ 

\.__ 

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 .. J4ffecuqnvtlle. I 

... ., 

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 in vhich the body ol the 

advertisement is set)--nu•her of equilvent lines ....•. • .•.•. ____________ _ 

Head--nucnber o! 1 ines •.•.•..•.•...••. • ............. · • · .... . ... . ____ __.1 ... 2"""----

BOdy--nU!Ilber of lines .......•••.....•....•.....•....•......... ·------

Tail--nu!'llber o! lines . •• . ................•• . ...... ······· .• · · • ·------- Total number of lin~& in not.ice ........................... .. __ __.._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

:::p::::Tc::T CLAIM ... - ..... - -J~ ·~~·. ·~~\;<r~ ~· .......... . Width of single column 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£ 

~' ..,..., ... __.ry':' 

.......... - ---.3 

.;. 

.... -:-.,;.;:. __ .. ,. ....... 

""6.0 ·A.A,M·t 

.... ~ ,.,... .... ... ~ ....... ~ ..... ~­·-- .......... 

•~.-.. C".r-e 

..... (U ... . 

-..:, .,...........,_ ...... - ·----- .__.._ 

-

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 1 995 

Subs~rlbed and suorn to 

NOTARY PUBLIC 

~Y co~mission cxpires: __ J_u __ t~y __ , __ 1_9_9_9 __________________________ _ 
. .,. •••""+ auru •••• •t:.. "M' n • • • t• • •·• • .,. 

..,6~R~I.-G...,N ___________ County. tlldLII\a 

307 N. PENNSYLVANIA ST• - P•O• BOX 14 tNPIANAPOLI~. IN 46206-011~ 

l ... -., .. .... 

~£ COU.'IT PUBLISHER'S CLAIM ... • ;_ . 

4pla~ Mau~r · t;\lu't noa Q~ """ &et ualllnc:-a. Mltl'lotr of "'1\leh 

~halt lot.al mo~ than lour llohd lln(S Ott he 1'\"JK on wl\teh the bod .. 

uf the a<l~/\t~l'lt ts Kll. Number 0< .-qun-oleru lines 

$ " ---------·· 

8odv · Number ol' lln.:s 

s 

s __ ____ _ 3Q' 

1\ddll.IOnal c~ lOt t\OtiCU contalr\lf\ll rul~ a.nd ll~ure WDik 1:50 ~ «nl o( 

ab<Mo vnounu 

s 

Chllf1IC for eXIra pi'()()( a ot publication (8 1.00 (Of' ncl\ p.-oo{ In e:«ess of 1\¥01 $ 

TerrAL AMOUNT OF CWM 

Wtdt.h o( slnClh~ COIUIN\ ~ tin$ 

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

80515 

ATTACH COPY OF 

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 PA llY STAR c~;~per of (tnc-Ql ,·trculallon pnnl(:d and publi6« 

In ~ En h b n«l.al(c tn ohc city I 

town 1 u ( ________ _...l.LIH1111 D:...I.aAJJH~.~:~A""-P..w.ti 

In e &rKI coun!y a fOto::$61<1. <111<1 l.ha\ the pt\ntcd matter attac:h<d hcn:1o ts :1 true c:ov wu duty publl$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• 30 = 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 11 naa , • • • 

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 

YYJ tu ,._g" J~L,fq $f, ~ 

.-· 

Hy co~(aalon expirea: 
Form Pteuribed. by St.ate Bc.atd uf Aceounts G•net>l Form No. 99P (R.viud 19$1 

lifO DEPT 0~ ENV I RO~iH(Nl A\.':....K~G!::".:".!T ___ _ To: The Journal-Gazette 

(Covemm&nta\ Vniil P.O. Box 100 

...!:'~"'!:.E!;.N ~ _ ______ County. (ndia.na Fort Wayne, IN 

PUBLISHER'S CLAIM 

LINE COUNT 

-:-:::=.,.,========----nitplay MatU!r l Mwt not ~r<:ftd \wo e:ct.uallinn. ntitber of which th.&.ll toull 

LfQIIINotJOt oc P\Allc tiMA"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 of equ1v•lel'\t Hnu 

'l261AC. Ooon8ufmQ 

tad -· numbtr of lints 

)dy • -number or linn 

'\ · · 1\umber oC 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 rule or ~.t.boulu work 

.() tw!t~nt of above amountt 

tw-ge Cot Utra ptTJOfa of pubJic:&tion (1\.00 for tli.Cb proof i() net:~:~ of twol 

OTAL AMOUNT OF'CI.AIM 

A FOR COMPUTING COS'!' 

'1dtb of sin; I~ cohlmn ~ ean 

~~of iMII~ion& _ __!, __ 

.~oe of type __ 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 of Chapttr 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 COA A\>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 

ol EflwitonmMlll 

to pu* in~non "'~· •••"-IIY.:b..nl 

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.te of 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 of j'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 bf pu'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~Y c?! 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.l 01 11/.&1 Ill< bllo( ED-.ua MY~ .-en 1 IDE: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 .. ....,._ 

Ill< ---- ,.IN 11\..-.s to ... <wtty ru~--.. 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, 

.. ~-N100 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 v ttKirtt>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,.._ 

ll>adc: .... (>blot 

....s 

'"' _., 

<CIPM 

~ 

INJ'! 

fi><IO 

t. 

• 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( Ja llootn 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 .a y 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. a Notary Public in and for tho State oflndiaDa, 

County of Marion, at 1he Indiana Oovemmcm Cemer • 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 of Natural Resources 

STAFF MEMBERS: 

Larry Fedor. Section Chief 

Kiran Verma. Administrative Assistant 

PUBLIC SPEAKERS: 

(No Appearance) 

BY MR. BACQNE: ( 

The January 11, 1996 meeting of the Air Pollution Control Board will come to 

order. A quorum of the Board is not present. My name is John Bacone and I am acting 

as chairman in the place of Chairman R.ariden who is not present today. Because a 

quorum of the 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 of the 

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 of the Indiana Government Center South Conference Center. 

lbis meeting is adjowned. 

\ ; 
c · 

1 

2 

3 

4 

s 

6 

7 

8 

9 

c 

CBBDFICAJ]ON 

I, Shanm K. Kamcdy, tho undersipocl Court 

Reporter and Notary Public residing in the City of 

Indiaupolis, Marion Couaty,IDdiiM, do lunby certify 

that 1he foregoing is a true aud accurate traDICript 

of the proceed.iDp tabo by me On January 11, 1996 

in tbiJ m•tter aDd tramcribed by me. 

Notary Public in and for the State 

O!Indiu•. 
1 

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 

21 

22 

23 

ACCURATE REPORTING OF INDIANA 

William F. Daniels, Prop., RPR/CP, CM 

12922 Brighton Avenue 

carmel, Indiana 46032 

(317) 848-0088 

( 

( 
2 

( 

1 A £. .e. E A R A N. c ~~ 

2 

3 BOARD MEMBERS and STAFF PRESENT: 

4 

5 Chairman David Rariden 

6 

Mr. John Bacone 

7 

8 Mr. Jeff Bowe 

9 

Dr. James Miner 

10 

11 Mr. Howard Cundiff 

( 12 

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 

l. 
1 

2 

3 

4 

5 

6 

7 

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 art 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. 

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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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1 school. 

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MS . 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. 

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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 

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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. 

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12 

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 

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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 

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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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wooden structures or remnants of wooden 

structures in the unincorporated areas. 

78 

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 

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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 
83 

1 being abused. 

2 

3 

4 

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 

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a 

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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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1 alternatives. 

2 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. 

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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 

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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 

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23 no other cards. Is there anyone else who 
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1 would like to testify on this proposed 

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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. 

sec 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 .) 

18 

19 sign. 

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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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167 

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 words spoken 

by all parties in attendance during the course 

of the meeting; 

That I later reduced my shorthand notes 

into the foregoing typewritten transcri 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 J . 

··0· 1\0vl~ · (Seal) 

Notary Pub l ic 

County of Residence: Hamilton 

My Commission Expires on: August 17, 1999 

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(_ 23 

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) 848-0088 
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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 

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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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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. 

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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 l 
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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 

burning in the case of a natural disaster. If 

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 

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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. 

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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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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 kind of enclosure that you really wouldn't 

12 call a container. They might use a ditch or ( 

13 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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\ approval, for an emergency burning, that the 
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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. 

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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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2fo. 

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. ( 

And on page 12 -- 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 you want to 
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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 l 
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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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1 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, 

8 May 1, 1996 in this matter and transcribed by 

9 me. 

10 

11 

12 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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I 23 
ATTACHMENT L 
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TITLE 326 AIR POLLunON CONTROL BOARD 

DEVELOPMENT OF AMENDMENTS TO RULES CONCERN· 

JNG OPEN BURNING 

pURPOSE OF NOTICE 

The Indiana Depanment of Enviroomeocal 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 of the 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 of exemptions 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 of Gibson 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 not ace, and 

allows the department 10 oversee the amount of ma1erial being 

burned. locations, number of burns. 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 subject 10 the 

approval process which enables the depanment to evaluate the 

locations of and number of burns. amount of material burned. and 

assurance of compliance 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. section 3(10) has been 

amended to allow lhe burning of undesirable 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 of immediate 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 of comments 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) "Clean burning petroleum products" means uncontaminat· 

ed refined 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, or other 

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 of a 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 of any 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) "Open burning approval" means an authorization 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 of regulated 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 of this rule. 

•Copies of the Code of Federal Regulations (CFR) referenced 

may be obtained 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, 100 North Senate Avenue, 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 or equal 

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 apanment complexes. condominiums, 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 ef chi& 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, 

Burning shall be 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 of natural 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 be subject 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 of the date, time, 

and location of the burning. 

(9) Burning of dean 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 of the 

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 of material 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. 

(I 0) Burning of undesirable wood structures or wood remnants 

of a demolition of a predominantly wooden structure originaUy 

located on real property in an unincorporated area, subject to 

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 of the 

date, time, and location of the burning. 

(11) Burning or vegetation by fare departments and r~re 

righters to create fire breaks for purposes of extinguishing 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) Burning of dean 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 

be provided 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 ef fAe ~ Mai&Fi.al i& 

$8A611Med ~ ~ 

~ Ne tMiRHRg 6MII k G&RIIweted ~ uAfa¥eFa91e M8teereleg 

*I 68AdilieA& ~ a5 t8Mf18FaiUF8 iR¥8F&i&A6, ~ ~ ef W 

&~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 ef Hfw66 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 &f AaiYfal ~ ~ ff:efR a eleariAg &f18FalieA, 

W.-r relft&¥&1 ef AaWFal ~ 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, 1:20 p.m.: 11/R 

2420) 

SECTION 6. 326 lAC 4-14.1 IS ADDED TO READ AS 

FOLLOWS: 

326 lAC 4-1-4.1 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 by the issuance or an approval by the com.missioner or the commissioaer•s designated agent after consideration 

of an 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, such as removal of natural 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 of this 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 or the 

proposed burning or by the applk:ant. 

(4) Ther-e is no pending enforcement action Involving violation 

or this 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 rocPM1• 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 hours only 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 or the 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 (1 00) 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 burning must comply with other federal, state, or local 

laws, regulations, or ordinances, including 40 CFR 61 Subpart 

M• (National F.mJssfons Standards for Asbestos). 

(12) The materials to be burned shaD not consist of dry natural 

growth or tl'"ee stumps. 

(13) The matel'"ials to be burned sball not consist or waste 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. The commissioner 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) has jurisdiction over an area that is designated attainment 

for PM10 and ozone. 

The commissioner may establish coadltioos for the 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 of fifty 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 of Environ mental 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 of dirt must be placed over the 

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 of seven hundred fifty (750) cubi~ 

feet per minute per foot or length. 

(13) The engine running the air curtain 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 of the pit shall be of sucb distance to aUow all 

bumin' material to be below the curtain of air 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 of the 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 of approval as 

necessary to prevent a public nuisance or protect the public health. 

(Air PolluJion Coltlrol Board: 326lAC 4-1·7: 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) of Ibis 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; 326lAC 4·1·8: fill!d Jan 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 of this 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 ~'TANDARnS 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 TITLE 40;PART 63, SUBPARTS F, 

G, HAND I OF THE 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 

2571 

rrom the Indiana Department of Environmental Management. 

Office of Air Management. Indiana Government 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 :20 p.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: jiltd Apr 18. 1995. 3:00p.m.: 18/R 2220) 

Notice of PubUc Hearing 

Th6t rules are not sch~ult!d for hearing ar this tit1U!. When 

the public hearing is sch~uled, it will be noticed 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 

100 Nonh 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. 

AdditioMl informD.Iion regarding this aaion may be obtained 

from Larry Fedor. Rules DeveloptnLnt Seaion, Office of Air 

Management. (317) 232·8223 or (800) 451-6027 (in Indiana). 

Copi~s of thes~ rules are now on file atth~ Indiana Govern· 

ment Ctnter-Nonh, 100 North Stnare Avenue, Tenth Floor Ea.st 

and Legislative Services Agency. Indiana Government CenterSouth. 302 West Washington Street, Room EO/ I. lndianopolis. 

Indiana and are open for public inspection. 

Felicia R. George 

Assistant Commissioner 

Office of Air Management 

TITLE 326 AIR POLLU110N CONTROL BOARD 

DIGEST 

Adds 326 lAC 4-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 of state. 

WSTORY 

First Notice of Comment Period: February I, 1994. Indiana 

Register (17 lR 1025). 

Proposed Rules 

Second Notice of Commem Period: July I. 199S.lndiana Register 

(I 8 IR 2j6S). 

Notice of Rescheduled 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 of Environmental 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 of Transportation <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 amended the Environmental Management Law, lC [3-1. by 

adding and subsequently amending Section 1.2 to allow several 

specifiC types of opening burning to occur. The statute includes six (6) 

conditions that apply to all open burning. In preparing the revisions to 

lhe open burning rules. 326 lAC 4. IDEM included each of the 

statutory exemptions as an 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. For example. 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 ·drainage ditch• needs to be expanded 

to include any ditch or sa ream which is pan ofa regulated drain 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 of vegetation 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 grams variances to 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 in accordance 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. if a 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 set conditions 

in the approval that recognize the particular air qualiry concerns of 

areas that are nonauainrnent tor either PM10 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 the ones 

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's proposal to exempt certain 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 of the 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 of the fire is not one 

(1) of the 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. under the exemption 

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 of these 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 

of open 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 

or disposing of it. 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 of residential 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 of the residential open burning 

exemption. 

Comment: Who detennines what a pollution problem. threat to 

public health. nuisafiCe, or frre hazard are? (EHD) 

Response: For purposes or enforcing 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 of heating should be allowed at any 

lime during the day and the limiting c:We.s should be removed. (EHD) 

Rtsponst: The types of fires 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 of disposal of constrUCtion debris and other solid waste. 

Commtnt: Open detonation operations conducted for the thermal 

treaunent of wastes consisting of explosives 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 of highly 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 of open 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 of specialized training 1n this area. 

Comment: Expansion of the 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 of products to 

only liquids. Although 326 lAC 4-1-4.1 allows alternate approval 

routes ncx meeting exemption requirementS, 3261AC 4-1-4 .I prohibits 

approval of any fire training site located in non.tttainment areas for 

PM10 or ozone. (AM)(IM) 

Rtsponst: The department has provided an exemption for fire 

extinguisher training because this 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 of fuel 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 department has 

revised the draft rule language accordingly. Applications for other 

types of fire 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 storm or narural disaster wtthout havmg to 

obtain prior approval 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/RESPONSE TO COMMENTS RECEIVED AT THE 

FIRST PUBLIC HEARING 

On February 7. 1996. the air pollution control board (board) 

conducted the first public hearing/board meeting concerning the 

development of amendments 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 of abandoned 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 of burning. (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 of land 

management agencies that are exempt for maintenance 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 or Natural 

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 to the U.S. Foresa Service being 

added to lhe lis• of public agencies chat are no longer required to obrain 

a vanance prior co iniliating a prescribed buming activity. (HE C) 

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 10ensure thaclhe 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 or regulated 

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 of rule 

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

Affected: IC 13-1-1 

Sec. I. The requirements of this 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 aFM5 wMFe ~ 

peRRiUee ~~lAC;~ 9f &Ylh9fi7Je8 ~ YaAaR68 pYF6llaRl 

&e ~ JAG 4-1-4 aFe Jn&tii"hed ~ odMF 6Qle 9f leGal ~ 

Fegulaliens1 eF eRliAan&e&. to all 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 ~ mal erial Open 

burning is prohibited except as pFe'lided allowed in seeftelt ~ 

4; eF' ef this 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, 1:20 p.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 

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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 from the initial clearing 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 of the 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 railroad tracks, including the 

railroad rigbCs-of-way, but not including railroad ties. 

(l) AU open burning that is allowed under tbis subsection 

must comply with the following conditions: 

(A) A person who open bums shall extinguish the fi~ 

if the fire creates a nuisance or fire hazard. 

(B) Burning may not be conducted 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-containing materials must be removed 

before the burning of a structure. 

(E) Asbestos-containing materials may not be burned. 

00 (b) The fellewiAg types of fires identified in subsection 

(c) .are peRRiued allowed under this rule. Unless specified 

otherwise, the following conditions apply to any fire allowed 

by this subsection: 

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

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

(A) a pollution problem; 

(B) 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. or air stagna 

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 fo1 

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, or clean burning petroleum products may be 

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 more than one 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 pile to be burned shall be less than or equal to 

one thousand (1,000) cubic feet and only one (1) pile 

may be burned at a time. 

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

(F) Fires shall not take place within five hundred (500) 

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~ WfKe4 fe 

~ 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 Cettnty. 

~ ~ 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 m tfti& sttedi .. ·isiea. 

~ FafRt ~YFftiRg: weed prethtels deri·ted fMfft Hte f&llewittt faAft fft&iRieRMee epereliea&: 

Indiana Regisrer. Volume 19. Number 7, April / , /996 

161 I 
Proposed Rules 

fA+ ihtmiRg ei feR6e ~ 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' 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 

(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 off pit 

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 wildlife habitat maintenance, forestry purposes. 

natural area management. ecosystem managemen~ and 

firefighting or prevention. Burning, except for 

firtfighting and prtvention. shall be subject 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 be conducted during unfavorable 

meteorological conditions, such as high winds, temperature inversions, or air stagnation or when a pollution 

alert or ozone action day has been declared. 

(C) Only vegetation and clean burning petroleum 

products may be burned. 

(5) Burning of marijuana 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 of heating. 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 of the 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 :20 p.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 

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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 to bum would result in an imminent health 

or safety bazanl • 

~ BtiFRiRg ief tRe pYFpe541 ef fife IMiRiRg, 

~ 8YFRiRg ef ttfiMtfti ~ flerttJed Hetft 8 elMARg 

eperacien, ~ reiReYal ef flMW.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 of the oral approval. (Air Pollution Control Board; 326 

IAC4-1·4:filed Mar 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 by the issuance of an approYal 

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 

foHowing: 

(1) Burning for the purpose of nre training. 

(2) Burning of natural growth derived from a clearing 

operation, such as removal of natural growth ror change 

In we 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 untreated wood. 

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

managemmt. 

(b) The following criteria may be considered 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 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 PM,. or ozone. The commissioner 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, 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 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 of a 

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 of the approval letter 

under subsection (d) or (f). 

Any cbange in the plan must reeeive 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 or the environment. Such conditions may be based on 

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 nonattalnment to attainment status. 

(g) A decision on the open burning approval letter is 

subject to IC 4-21.5 (Administrative Orders and Procedures 

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 of section 4.l(d) ofthis role; 

(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/AC 4-1-4.2) 

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 with this 

section to a local health department. fire department. solid 

waste management district. or other agency upon a demon· 

stration that che agency: 

(1) has the necessary legal authority and resources to 

implement an approval program that Is at least as protettive or the public health, welfare. and the environment as 

the provisions of this 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 its jurisdiction. 

The commissioner may establish conditions for the delegation and may revoke any such delegation if the commissioner detennioes that any condition has not bt(\11 satisf"ted or 

the circumstances under which the delegation was issued 

have changed. (Air Pollution Control Board; 326/AC 4-1-4.3) 

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 destructor. as defined in 326 lAC 1-Z-z.s. shall submit an 

application to the department to obtain a leuer of approval from 

the commissioner or the commissioner•s designated agent 

prior to its installation or operatton at a new site. The owner or 

operator: 

(I) shall not operate the air cunain destruCtor unless the 

owner or operator holds a valid Jetter of approval; f£em ~ 

Gell'lfRiSGieaer and 

(2) shan maintain the letter of approval at the air cunain destructor 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 of this rule does 

not need to obtain a letter of approval from tbe commissioner under this section for the exempted burning. Howeva-•· tbe burning shall comply with the conditions set forth j f 

\ 

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section 7 or this 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 Air curtain 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 owner or operator 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 air cunain destructor site whieh 

that does not comply with this stttion. 

(I) Only untreated wood products shall be burned, except 

for minimal amoums of uncontaminated 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 or air 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 by official sunset. and at least one (I) foot of dltt 

must be placed over the ashes in the pit by sunset. 

(4) An air cunain destructor site shall be located no less than 

fi.ye huRdree ~ two hundred fifty (250) feet from any 

private residence. public roadway. power line. 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 air cunain destructor and pit shalt be maintained and 

operated according to (he manufacturer's specifications and 

recommendations. 

(10) The fan blades or the 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 as to 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 and directed 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 the pit shall be picked up 

and dropped into the pit, and at no time shall the 

material protrude through the curtain of air while 

burning. 

(21) The approval letter shall be made available at the 

burning site Co state or local officials upon request. 

~ (ll) The owner or operator of an air curtain de--

structor shall provide twenty·four (24) hour notification 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 air cunain destructor letter of approval 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 Orders and 

Procedures). (Air PolluJion Comrol Board: 326 lAC 4-1-7; 

filed Jan 6. 1989. 3:30p.m.: 12/R IJ27) 

SECTlON ll. 3261AC 4-l-81S AMENDED TO READ AS 

FOLLOWS: 

3261AC 4-1-8 Air curtain 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 if the 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 Control Board; 326/A C 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, at the 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~ 

public prior 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. Oral statements will be heard. but for the accuracy oftht record, all commenrs should be 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 of 72 hours' notification. 

AdditioiUll information regarding this action may be obtained 

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 are now on .file at the lndiaiUl Govtrnmenr Center-North. I 00 Nonh Smart A venue, Tenth Floor East 

and Legislative Services Ag~ncy, IndiaiUl Government Center· 

South, 302 West Washington Strttr. Room EO/ I. 1~ o~;an 

/ndiaiUl and art open for public 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 the hazardous 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 of cenain widely generated , 

known as universal wastes. These wastes include 

cadmium and other batteries, unused. recalled. suspenr 

canceled pesticides. 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