APPENDIXK

Public Participation Process Documents
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LEGAL NOTICE OF PUBLIC HEARING

Redesignation Petition and Maintenance Plan

In Association with the Annual Fine Particle (PM2.s) Standard

Lake and Porter counties, Indiana

Notice is hereby given under 40 CFR 51.102 that the Indiana Department of

Environmental Management (IDEM) will hold a public hearing on May 18, 2011. The

purpose ofthis hearing is to receive public comment on the Draft Redesignation Petition

and Maintenance Plan in association with the Annual Fine Particle (PM2.s) Standard, for

Lake and Porter counties, Indiana. The meeting will convene at 5:30 p.m. (local time) in

the large meeting room ofthe Lake County Public Library-Highland Branch, located at

2841 Jewett Street, Highland, Indiana. All interested persons are invited and will be given

opportunity to express their views concerning the draft documents.

Lake and Porter counties, Indiana are part ofthe Chicago-Gary-Lake IL-IN

Nonattainment Area for Fine Particles. This area was designated as nonattainment for the

annual standard for fine particles and subject to the requirements of Section 172 ofthe

Clean Air Act (CAA). One ofthe compliance requirements mandated by Section 172(c)

ofthe CAA, is the development of a plan demonstrating that the area will continue to

meet the annual standa.rd for fine particles. This Redesignation Petition and Maintenance

Plan is being drafted and submitted consistent with United States Environmental

Protection Agency (U.S. EPA) guidance.

Copies ofthe draft documents will be available on or before April 15, 2011 to any

person upon request and at the following locations:

• Indiana Department ofEnvironmental Management, Office ofAir Quality, Indiana

Government Center North, 100 North Senate, Room Nl003, Indianapolis, Indiana.

• Indiana Department ofEnvironmental Management, Northwest Regional Office,

8380 Louisiana Street, Merrillville, Indiana.

• Crown Point Community Library, 214 South Court Street, Crown Point, Indiana.

• Lake County Public Library-Highland Branch, located at 2841 Jewett Street,

Highland Indiana

• Valparaiso Public Library, 103 Jefferson Street, Valparaiso, Indiana.

• Gary Public Library, 220 West 5

th Avenue, Gary, Indiana.

• Hammond Public Library, 564 State Street, Hammond, Indiana.

• Whiting Public Library, 1735'Oliver Street, Whiting, Indiana.
The draft documents will also be available on the following web page:

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

Oral statements will be heard, but for the accuracy ofthe record, statements

should be submitted in writing. Written statements may be submitted to the attendant

designated to receive written comments at the public hearing.

IDEM will also accept written comments through May 20,2011. Mailed

comments should be addressed to:

Lake and Porter Counties, Indiana Fine Particle (PMz:s)

Redesignation Petition and Maintenance Plan

Scott Deloney, Chief

Air Programs Branch

Indiana Department ofEnvironmental Management

Office ofAir-Quality - Mail Code. 61-50

100 North Senate Avenue

Indianapolis, IN 46206-2251

A transcript ofthe hearing and all written 'submissions provided at the public

hearing shall be open to public inspection at IDEM and copies may be made available to

any person upon payment ofreproduction costs. Any person heard or represented at the

hearing or requesting notice shall be given written notice of actioJ;ls resulting from the

hearing.

For additional information contact Mr. Gale Ferris, at the Indiana Department of

Environmental Management, Air Programs Branch, Office ofAir Quality, Room 1001,

Indiana Government Center North, 100 North Senate Avenue, Indianapolis or call (317)

234-3653 or (800) 451-6027 ext. 4-3653 (in Indiana).

************************************************************************

Individuals requiring reasonable accommodationsfor participation in this hearing

should contact the IDEM Americans with Disabilities Act (ADA) coordinator at:

Attn: ADA Coordinator

Indiana Department ofEnvironmental Management - Mail Code 50-10

100 North Senate Avenue

Indianapolis, IN 46204-2251

Or call (317) 233-1785 (voice) or (317) 232-6565 (TDD). Please provide a minimum of

72 hours notification.
Public Hearing Script

Lake and Porter Counties, Indiana

Draft Redesignation and Maintenance Plan

This is a public hearing to accept comments concerning the draft Redesignation

and Maintenance Plan under the annual·National Ambient Air Quality Standard

(NAAQS) for fine particles for the Indiana portion of the Chicago-Gary-Lake County, ILIN Nonattainment Area for Fine Particles; Lake and Porter counties, Indiana. This

hearing is being held to conform to the provisions in 40 CFR Part 51 regarding public

hearings for State Implementation Plan (SIP) submittals.

My name is Scott Deloney. I am the Chief of Indiana Department of

Environmental Management's Air Programs Branch. I have been appointed to act as

hearing officer for this public hearing. Also, here with me from the Office of Air Quality is

Gale Ferris.

Notice of the time and place of the hearing was given as provided by law by

publication in thefollowing newspapers:

1) The Indianapolis Star, Indianapolis, Indiana

2) .The Times, Munster, Indiana

3) The Post Tribune, Merrillville, Indiana
The purpose of this public hearing is to provide interested persons an opportunity

to offer comments to the state regarding the draft Redesignation and Maintenance Plan

under the annual NMQS fortine particles for Lake and Porter counties,lndiana.

Appearance cards have been distributed in the hearing room for all those

desiring to be shown appearing on record in this cause. If you have not already filled out

the card, please do so and indicate if you are appearing for yourself or on behalf of a

group or organization and identify such group or organization. Also, note the capacity in

which you appear, such as, attorney, officer or authorized spokesperson.

Any person who is heard or represented at this hearing or who requests notice

may be given written notice of the final action taken on this SIP submittal. Please

indicate on the appearance card if you wish to receive this notification. When

appearance cards have been completed, they should be handed to me and I will include

them with the official record of this proceeding.

Oral statements will be heard, but written statements may be handed to me or

mailed to the Office of Air Quality on or before close of business on May, 20, 2011. A

written transcript of this hearing is being made. The transcript will be open for public

inspection and a copy of the transcript will be made available to any person upon

payment of the copying cost.

After the conclusion of this public hearing, I will prepare a written report

summarizing the comments received at this hearing and recommending changes which

may need to be made to this document.

2
I would like to introduce the following documents into the record:

1) The notice of public hearing.

2) The Draft Request for Redesignation and Maintenance Plan under the

annual NAAQS for fine particles for the Indiana portion of the ChicagoGary-Lake County, IL-IN Nonattainment Area for Fine Particles; Lake and

. Porter counties, Indiana.

Finally, I would like to briefly go over the contents of the draft documents.

In 1997, the United States Environmental Protection Agency (U.S. EPA) set daily

and annual ambient air quality standards for fine particles at 15.0 micrograms per cubic

meter on an annual basis and at 65.0 micrograms per cubic meter on a 24-hour or daily

basis. Legal challenges to the new standards for fine particles resulted in delayed

implementation of the standard until February 2001 , when the Supreme Court upheld

the standards and ruled that U.S. EPA could proceed with implementation of the new

standards. This submittal pertains solely to the 1997 annual standard for fine particles.

The Chicago-Gary-Lake County, IL-!N Nonattainment Area for Fine Particles complies

with both the 1997 and 2006 24-hour standards. Indiana began monitoring for fine

particles in 1999. U.S. EPA originally designated counties under the fine particle

standards based on 2001 through 2003 monitoring data in December 2004. U.S. EPA

formally designated areas throughout the country on April 5, 2005, as attainment,

nonattainment, or unclassifiable, including Lake and Porter counties, Indiana, as part of

the Chicago-Gary-Lake County, IL-IN Nonattainment Area for Fine Particles.

3
The Chicago-Gary-Lake County, IL-IN Nonattainment Area for Fine Particles

consists of Lake and Porter counties, Indiana, and Cook, DuPage, Kane, Lake,

McHenry, and Will counties, and portions of Grundy (Aux Sable and Goose Lake

Townships) and Kendall (Oswego Township) counties, Illinois.

The agencies responsible for assuring the nonattainment area complies with the

CM requirements are:

• The Illinois Environmental Protection Agency, which is responsible for Cook,

DuPage, Kane, Lake, McHenry, and Will counties, and portions of Grundy

(Aux Sable and Goose Lake Townships) and Kendall (Oswego Township)

counties, Illinois; and,

• The Indiana Department of Environmental Management (IDEM), which is

responsible for Lake and Porter counties, Indiana.

Indiana and Illinois have worked cooperatively with U.S. EPA Region V to

address planning issues.

Lake and Porter counties, Indiana have complied with the annual standard for

fine particles six consecutive years with values that are now well below the standard.

Furthermore, photochemicql modeling conducted by the State of Indiana, the Midwest

Regional Planning Organization, and U.S. EPA demonstrates that beginning in 2011,

Lake and Porter counties, Indiana will benefit greatly from the implementation of U.S.

EPA's proposed Clean Air Transport Rule, with projected design values well below the

standard and providing for an ample margin of safety. These modeling results are

4
considered to be conservative, as they do not include emission reductions that will

occur as a result of several federal control programs including substantial off-road diesel

fuel and engine reductions.

To meet the regulatory requirements put forth by U.S. EPA in relation to National

Ambient Air Quality Standards, IDEM was required to submit a SIP (also known as an

attainmentSIP) no later than April 5th of 2008. In lieu of an attainment SIP that verifies

to U.S. EPA that the area is "on target" to meet the annual NAAQS for fine particles

based on monitoring and modeling information, IDEM deemed it more appropriate to

submit a redesignation SIP that demonstrates that the area has already met the

standard. On April 3, 2008, IDEM submitted a redesignation SIP to U.S. EPA for review

and approval including a maintenance plan horizon year of 2020. U.S. EPA has not

been able to act on the 2008 redesignation SIP due to a federal court's remand of the

Clean Air Interstate Rule (CAIR). This remand prevents U.S. EPA from deeming the

emission reductions that aided this area in attaining the standard as being permanent

and enforceable. As such, U.S. EPA did not wish to proceed with approval of IDEM's

2008 submittal until a CAIR replacement rule is in place. On July 6,2010, U.S. EPA

proposed a replacement rule referred to as the Clean Air Transport Rule. This rule will

be finalized this summer and at that time, U.S. EPA will be able to proceed with

approving redesignations. As for the 2008 submittal, the maintenance plan horizon year

of 2020 is no longer at least 10 years from the date of potential U.S. EPA approval. As

such, IDEM is now submitting this updated redesignation SIP with a maintenance plan

horizon year of 2025 as a direct replacement to the submittal from April of 2008.

5
It is important to note that U.S. EPA viewed IDEM's 2008 submittal for the Lake

and Porter counties to be valid until such time that CAIR was remanded. Since that

time, air quality has improved even further within the region and a replacement rule for

CAIR will soon be in place.

Although Indiana and Illinois have worked together on a comprehensive plan for

multi-state areas, each state is required to make a separate submittal for its portion of

the planning components to U.S. EPA. As such, this submittal only covers Indiana's

portion of the nonattainment area; Lake and Porter counties, Indiana.

The highest most recent design value for the area, based on 2008 through 2010

quality assured ambient air quality monitoring data is 12.7 micrograms per cubic meter.

This design value represents fine particle concentrations that are below the NMQS,

thus the area is eligible to be redesignated to attainment under the annual standard for

fine particles and classified as maintenance.

IDEM has prepared the draft Redesignation and Maintenance Plan under the

annual NMOS for fine particles for the Indiana portion of the Chicago-Gary-Lake

County, IL-IN Nonattainment Area for Fine Particles consistent with U.S. EPA guidance.

The draft redesignation and maintenance plan outlines a demonstration that the area

has attained the standard based on monitored concentrations, and that the reductions in

monitored concentrations are attributable to permanent and enforceable reductions in

precursor emissions, specifically reductions of nitrogen oxides (NOx) and sulfur dioxide

(S02)' Furthermore, the draft maintenance plan outlines the follOWing:

6
• Regional precursor emissions of NOx and S02will continue to decline in

the future.

• Due to existing and future emission controls, the area's air quality is not

projected to worsen, and should further improve over time.

• A commitment for all existing emission controls to remain in place.

• A commitment to revise the plan within eight years of redesignation.

• A commitment to adopt and expeditiously implement necessary corrective

actions if an action level response is triggered.

o An action level response is triggered by a violation of the standard

(a three year average annual arithmetic mean value of 15.1 1J9/m3

or greater) occurs.

• A mobile source budget for transportation conformity purposes.

This concludes my comments regarding the draft Redesignation and

Maintenance Plan under the annual NAAQS for fine particles for the Indiana portion of

the Chicago-Gary-Lake County, IL-IN Nonattainment Area for Fine Particles. Before

opening this hearing for public comments, may I once again remind you that his hearing

pertains solely to this draft Redesignation and Maintenance Plan in association with the

annual NAAQS for fine particles for Indiana's portion of the Chicago-Gary-Lake County,

IL-IN Nonattainment Area for Fine Particles, and only comments pertaining to this

matter will be considered as part of the public record.

Gale Ferris and I will be available following this hearing to address any questions

you may have that do not pertain to this specific matter.

7
This hearing is now open for public comment. Are there any public comments?

In the absence of any further comments, these proceedings are hereby

concluded. This hearing is adjourned.

8
Prescribed by Slate Board of Accounts

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General Form No. 99P (Rev. 2009AI

ACCOUNT # 100174737

INDIANA DEPT OF ENVIRON: MGT.

i

"". ", 61428 To POST-TRIBUNE

(Governmental Unit)

LAKE County, Indiana 1433 E. 83RD AVE., MERRILLVILLE, IN 46410-6307

PUBLISHER'S CLAIM

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

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

advertisement is s'et) -- number of equivalent lines

Head - number of lines _

Body -- number of lines _

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Total number of lines in notice _ ••••••• e .

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COMPUTATION OF CHARG.ES ,

69 lines, 3 columns wide equals 207 equivalent lines at _ ...._, ....-"._~.~, cents per line 9~.~7§3 ~-:=:--:. _ Additional charges for notices containing rule or tabular work (50 per cent of above amount) ._~ _

Charge for extra proofs of publication ($1.00 for each proof in excess of two) _

TOTAL AMOUNT OF CLAIM .~---------------------------------------------------- ---

$ 57.75 ""~.4.~"I'.*I:rIr-"

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DATA FOR COMPUTING COST

Width of single column in picas 7.5

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

just and correct, that the amount claimed is legally'due, after allowing all just credits, and that no part of the same

has been paid.

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

which was duly pUblished in said paper 1 times. The dates of publication being as follows:

Additionally, the statement checked below IS trwe and correct:

....... Newspaper does not have a Web site.

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

the newspaper.

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

...... Newspaper has a Web site but refuses to post the publicnotice." i . \ I'")''' \.\;,-/ . (.'.(_.~...;._. (()) =..' \'I ' ...~r \ U

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CATHY _,CYNCAR.....;.~

LEGAL CLERK

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I have examined the within claim and hereby certify as

follows:

That it is in proper form.

That it is duly authenticated as required by law.

That it is based upon statutory authority.

correct

That it Is apparently

incorrect

lcertify that the within claim is true and correcl; that the services there in itemized and for which charge is made were ordered

by me and were necessary to the public business
POST-TRIBUNE, MERRILLVILLE, IN

RECE ED

APR 20 2011

Prescribed by State Board of Accounts

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General Form No. 99P (Rev. 2009A)

Porter County, Indiana 1111 Glendale Blvd., Valparaiso, IN 46383

PUBLISHER'S ClAIM

COMPI,J.TATION OF ~HARGES 1;;..7 Jd-.l.. lines, ...1..... columns wide equals ....../equivalent lines at 36.41

cents per line .

Additional charges for notices containing rule or tabular work (50 per cent ofaboveamoun~ .~ _

Charge for extra proofs of publication ($1.00 for each proof in excess of two)· • _

TOTAL AMOUNT OF CLAIM .

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which ·shall

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

advertisement is set) -- number of equivalent lines

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

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

has been paid.

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

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Additionally, the statement checked below is true and correct:

...... Newspaper does not have a Web site.

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

the newspaper.

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

...... Newspaper has a Web site but refuses to post the public notice. . .

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ON ACCOUNT OF APPROPRIATION FOR

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ALLOWED_

IN THE SUM OF

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I have examined the within claim and hereby certify as

follows:

That it is in proper form.

That it Is duly authenticated as required by law.

That It Is based upon statutory authority.

correct

That it Is apparently

Incorrect

I certify that lhe within claim Is true and correcl: that the services there in itemized and for which charge Is made were ordered

by me and were necessary to the public business
THE TIMES MEDIA COMPANY, VALPARAISO, IN

, .' .;1

A transcript of the hearing and all j

written submissions provided at the;)

public hearing shall be open to pubf'L'

lie inspection at IDEM and c" es;'

maybe made available to any; .

son upon payment of reprq

costs. Any person Iiea,rd or ra

sel1te.d at th.e hearing or req , nolice shall be given writte . of actionsresuiting from .the hear-:'d

ing. -

For additional Information'

Mr. Gale Ferris. at the India

partment of Environmental

me~~rProgramsBmn~;

of Air Quality, Room 1001,'1

Government Center Nortlj.

North Senate Avenue. India or. call (317) 234-3653 or'

451-6027 eld. 4-3653 (in Indiana'

IndiViduals requiring reasonabfe ae- .T

. commodalions for' participa~'on .... ,/0'

this hearing should contaql tIi~{

IDEM, Americans with Disabillt~sl

Act (ADA) coordinatOr at "., "'f.

Attn: ADA Coordinator' .. '.. '.

Indiana Department of Environrn~";,

tal tv1anagement ~,Mall COde 5.. ,; "100NorthSenate'A ...

, Indianapolis,lN 482

~17)C;;~~~~~/~:pro- .od

vide aminimum of 72 hours notifiCll-·'''~i.#1 lion. ......• :

4/14 - 20387748 i,)

.". .

Or~1 statements will be he~rd.' for the accuracy of the re'

"statements should besubmitted"l

l writing. Written statementS maybee;

SUbmitted to the attendant deslg·>"

nated to receive written comments.

alth.e public hearing.. .. -:

IDEM will also accept written cOm'.': I ments through May 20, 2011),

Mailed comments should be ad-·.::~;':i

dressed to:'".',}

La~e & Porter Counties, Indlal'i!\ii

Fine Particle (PM2..5) ,. 'i,";

Redeslgnation Petition and ."

Maintenance Plan

Scott Deloney. Chief .Air Programs Branch' '.

Indiana Department of

Environmental Manallement,

Office of Air Quality -

Mail Code 61-50 . 100 North Senate Avenue

Indianapolis, IN 46206-2251'

1- Gary Public U~rary. 220 WesV?-ilJi

;Avenue. Gary. Indiana. ' .. ',,'. ! - Hammond ·PubUc Library. 5fl4

iState Street,Hammond, Indiana.· '·.3r; !. -Whiting Public Library. 1735 Oliveri' iStreet, Whiting. Indiana.··.

The draft documentswUlals

availa~le on t~e folio,:"ing webp

---~----"---~

LEGALN~PIIB,I,~#};t

Redesignation Petition ~nd'," Maintenance I>lan ....•.>.;;/ ,,!

In Association with the'Aniniah';

\ Fine Particle (PM2.5).Sl;lndil~~it;Z : L~keand Porter counties. Indl<ir~t

Notice is hereby given under4di:

CFR 51.102 that the Indiana P.e, .....•..'.::i

partment of EnviroRmental . . '~i

,:rnent:{lPEM) will ho.ld.a pu ' ;Ing onM!iy18;201~.. ;:pf this ,!learing is ·to· re .:'C()m.ment on the oraftR .

.0tI()n. Petltionand ~inte

JiniaSsociatlon: with :tOEF;

Particle' (PM2.5) Standi! ;"

and Porter counties. India

•meeting will convene.a.t .fi; ·Oocal time) in the'birge'"

·r(:lOm of. the Lake County '0

:Llbrary-Hlghlal1d Branch. located

2841 Jewett Street. High.lan ana. All interested persoris ..••;

·v1ted and will be given oppo . jo:'

·express their viewsc()l)cem!(lQ \'t\1~>

.draft documents. ' .. ····.'/'.i

Lake and Porter counties. ,Incjilina::' i are part of ,the' Chicago-Gal'Y"lEiike'; ! ·IL-IN. Nonattainment Area . .

;·Particles. This 'area Was

: as nonattainmenLfor th

, ~!andard for fine partiCles a

IJe.ct -to the requirements of·'

117;2 of the Clean Air Act (CM). One,

i of the compliance requirements

!mandated by Section 172(0)

i CM, is the development· of

"dem0nstrating that the area

tinue to meet the arinual

·for fine Particles. This

tion Petition andMai ·is being drafted and.

sistent with United States ·mental Protection' Agenc

EPA) guidance:. \ ';

Copies of the draft doCuments·

be available on or befor$l 'April

2011 to any person

and at,the following·lo - Indiana Department

mental Managemerit.

Quality. Indiana G()vemmen

North. 100 North Sen~ie;

N1003, Indianapolis. Indiana. - Indiana Department of En

mental Management, North

gional Office. 8380 Louisiana:·

Merrmvllle, Indiana. . .',

- Crown Point Community

214\ South Court Street,. Point, Indiana. . . ..

- Lake County Public Libra'

land Branch. located at 2841

Street, Highland Indiana .•: - Valparaiso Public Libra;ry•.

ferson Street. Valparaiso•...

Prescribed by State Board ofAccounts 80315-5797687 General Fonn No. 99P (Rev. 2009A)

APR 19 2011

RECEIVED

advertisementis ~et). - nwnber of equivalent lines

Head - Number oflines

Body - Number oflines

Tail - Number oflines

Total number oflines in notice

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145 !~'--".""'-~"'''''''-'--~----'''------I

PUBLISHER'S CLAIM I

LINE COUNT I'

Display Matter - (Must not exceed two actual lines, neither ofwhich shall

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

I

===to State of Indiana

epartment of Environmental M Offl~' anagement ~. j • "e of Air Quality

MARION COUNTY, INDIANA

IND DEPT OF ENVIRONMENTAL MANA

COMPUTAnON OF CHARGES

123.0 lines 2.0 columns wide equals 246.0 equivalent lines at .458

cents per line

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

of above amOlll1t)

Charges for extra proofs ofpublication ($1.00 for each proofin excess oftwo)

TOTAL AMOUNT OF CLAIM

$__--'-'11=2"-".6:.<.7

.00

$_.__~n=2'""'.6:.<.7

DATA FOR COMPUTmG COST

Width ofsingle column 5.8 ems

Number ofinsertions 1.0

Size oftype1

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

- jllstand correct, thatthe amount-claimed is-legally d:t1e; after allowing a:ll just credits, and that no· part ofthe same -. .

has been paid. .

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

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

04/1512011 and 04/1512011

Additionally, the statement checked below is true and correct:

.-Newspaper does not have a Web site.

_/_ NNewspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper

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

_ Newspaper has a Web site but refuses to post the public notice. .

DATE: 0411512011 Title: Clerk
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN

Lake and Portei' eqUntle$, llid!:ana Rile Partide(PM2.5) RedesignatfonPetJtlj>n and Mall\tenanc:e PIaI1 . <.:.:

Scott DeloneY, Chief '. ,,:.:c' .... Air Programs Bra.nch· ..:.,. ;.;, Indiana Department of E.nvironmelltal M .ent-_'·,.:·- -:"",,;"'-:;.J'.":

Air,Quality,-lIIIail.C()de 61:50 . 5emite,Avenue'·',.,·..:., '" .::

. I lis,IN,~G;!QE1:;l251. .. .,.

" ..A'transcnptofthe;liearlng'''nd all written submissions proVided att!le,pu~lic,hearing

·.shall 'be open· to public Inspection at'.lDEM 'and copies may .be: made,aiiailable to:.li(lY person upon payment of rep·rodlictlon'caS1:S. Any person heard or'represented atth",I!ear- Ingor r:equestin\l notice slfall lie given' writ" ten notice of actIons ~ult,"gf.rom.th",·h·e.ar- lrig. " ... , .' " .. ' .

," For additional Information contact il.tr; Gale' Ferris; at the Indiana'Oepartme",t. of En-

~~~~~~~ce~1~~"o~~W&::~~m"IggeTn~ diana Goverl\ment Center North,·l00 'North

~~~_~~l~~?t\'c\'chlrs~~~~o~~3~~ (&~~~ dIana).·...'·· .*.*",****.**.********...**",**.....*.***>1:'*.* Individuals requirinf/ ';easr>nable' aCCammo.- datiansfar partic/patian .in' this hearin!} shauld cantact the 10EM'Americanswith Dis- abilities Act(A04) caardiT!atQr at:

Attn: ADA coordinator' . Indiana Department ofEnvlronme$1 Management- Mall Code 50-10 ... 100 North Senate Avenue .. Indianapolis, IN 46204'2251

Or call (317) 233-1785 '(Valce) .or (31n 232- . 6565 (TDO);Please pravide a.minimum af 72 haurs natlfrcation. . .... . . , (S - 4/15/11 - 57916S7>

me nj;J room

I I'a.ry-Hlghland

Streel:,' Hfghl i e,s,t~d. ~~.rS9r:is; are. I .:opportunity to, express, i ,ll)g,th'~ lIraft documents, , lake and Porter • ; Pill"t of ,the Chicago tainmerit Area for· F , wasde~ignated as.nona niJal· standard for 'fine i ,torthe 'requirements. o Section'172 0 the Clean Air Act (CAM, One' compliance requirements mandated .by on 172(C)' of th~. CM.;!S the developme a pi.... dem- 'onstrating' that·.the area'. continue.:to meet .t.I!eannual· standard for fine particles. This Redeslgnation'Petitionand Maintenance .Plan is. being drafted and submitted consis- tent' wit.h"Unlted·Stat.es Environmental 'Pro- te~I~'i'Ag,,"cy.(U.S. EPA) guidance. . . ..COpies' of t.he draft documentS. will be ava.liable..onor before April 15, 2011 t.o any persoi'fupon.request and at the following 10- cations:" .

.indili(la Departme'nt of Environmental .. Management, Office ofAir Quality, Indiana Gov",rnment Center North, 100 North Senate. RC)om N1003, IndianapoliS; Inlliilna.:

Department of Environmental . •

Tsr~aNs~~I:;~e~~~~H~~~:!~m.i:ia.' o.Crown I'!oint. community Ubrafy, 214 South

Court Street, Crown,Point, indIana. ,

, ol'lke'Courjty PubliC. Libra<y-HighlaM · Branch, located'at-284!'Jewett Street, . Highlanllindiana . '., ,

~. Valp;:u:aiso Public UbrillY, 103 Jefferson . . Street,'Valparai$o; IndiMa.· '"", ,

·•.Q'll'Y.P!Jlili.c lIbrary,220 "",est 5th. Avenue, Gary, Indiilna.·· , , . '. ",

o :Hammond Ptlbllclibrary, 564'State Stre",t;· . Hammond Indiana.' .. . ,'" •.•.

,\"'hiting P.Jblic library, 1735'OliverStreet,

'. :.wlJf1:in~,Jndiana. The draft documents will also be avall- able:on·the.foliowing web page: '.

., .. h.ttp://W\Vw.ln.gOv/idertl/4658.ht.ni' 'F

. Oral statementswill be heard, butJor.the: accuracy ofthe recOrd, statements sI1QiJld lie · submitted 'In :writing. Written ·statements may: be submitted to the attendant\desig, nated..to receive written commeil~:~t.·the public Maring.: .... ',. :,.;'." .'

. IDEMwill alSo accept writtencOn)mentS

tho.ro.ugh. .Ma,y 20, 2011. Mail.ed . Cllm. me.nts..... should be.ad!1res~edt.o:··' '. ·,·.ii'.. ·::
BEFORE THE INDIANA DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

PUBLIC HEARING REGARDING

DRAFT REDESIGNATION PETITION AND

MAINTENANCE PLAN IN ASSOCIATION WITH

THE ANNUAL FINE PARTICLE (PM2 . s ) STANDARD

FOR LAKE AND PORTER COUNTIES, INDIANA

PROCEEDINGS

in the above-captioned matter, before Hearing

Officer Scott Deloney, taken before me, Lindy L.

Meyer, Jr., a Notary Public in and for the State

of Indiana, County of Shelby, at the Lake County

Public Library, Highland Branch, 2841 Jewett

Street, Highland, Indiana, on Wednesday, May 18,

2011 at 5:37 o'clock p.m.

William F. Daniels, RPR/CP CM d/b/a

ACCURATE REPORTING OF INDIANA

12922 Brighton Avenue

Carmel, Indiana 46032

(317) 848-0088

1
1 APPEARANCES:

2 HEARING OFFICER:

Scott Deloney

3

OTHERS ON BEHALF OF IDEM:

4 Gale F€rris

5

SPEAKERS PRESENT:

6

Frank Gil

7 Mark Taylor

Jim Alexander

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

2
1

2

3 THE HEARING OFFICER:

3

5:37 o'clock p.m.

May 18, 2011

This is a

4 public hearing to accept comments concerning the

5 draft Redesignation and Maintenance Plan under

6 the National Ambient Air Quality Standards for

7 fine particles for the Indiana portion of the

8 Chicago-Gary-Lake County, Illinois-Indiana

9 Nonattainment Area for Fine Particles,

10 specifically, Lake and Porter Counties, Indiana.

11 This hearing is being held to conform to

12 the provisions of 40 CFR Part 51 regarding public

13 hearings for State Implementation Plan

14 submittals.

15 My name is Scott Deloney. I am the Chief

16 of the Indiana Department of Environmental

17 Management's Air Programs Branch. I have been

18 appointed to act as Hearing Officer for this

19 public hearing. Also here with me from the

20 Office of Air Quality is Gale Ferris.

21 Notice of the time and place for this

22 hearing was given as provided by law by

23 publication in the following newspapers: The
4

1 Indianapolis Star, located in Indianapolis,

2 Indianai the Times, located in Munster, Indiana;

3 the Post~Tribune, located in Merrillville,

4 Indiana.

5 The purpose of this public hearing is to

6 provide interested persons an opportunity to

7 comment -- to offer comments to the state

8 regarding the draft Redesignation Petition and

9 Maintenance Plan under the annual National

10 Ambient Air Quality Standards for fine particles

11 for Lake and Porter Counties here in Indiana.

12 Appearance cards are available on the

13 table there next to the doors, and for those

14 desiring to be shown appearing on record for this

15 particular cause, we do ask that you please sign

16 the attendance registries. If you've not filled

17 out a comment card but you do plan on speaking,

18 please do fill out the comment card and indicate

19 if you are appearing for yourself or on behalf of

20 a group or organization and identify such group

21 or organization. Please also note the capacity

22 in which you appear. This will help us make sure

23 that the record properly reflects your
5

1 information as part of the formal record.

2 Any person who is heard or represented at

3 this hearing or who requests notice may be given

4 written notice of the final action taken on this

5 particular State Implementation Plan submittal.

6 Please indicate on the appearance card if you

7 wish to receive this notification. When

8 appearance cards have been completed, they should

9 be handed to me and I will include them as part

10 of the official record for this proceeding, and I

11 will also call upon you when there's opportunity

12 for you to comment.

13 Oral statements will be heard, but written

14 statements may be handed to me or mailed to the

15 Office of Air Quality if you don't care to offer

16 them orally here in public. Written comments may

17 be submitted to me this evening or to the Office

18 of Air Quality on or before close of business on

19 May 20th, 2011.

20 A written transcript of this hearing is

21 being made. The transcript will be open for

22 public inspection, and a copy of the transcript

23 will be available to any person upon request.
6

1 After the conclusion of this public

2 hearing, I will prepare a written report

3 summarizing the comments received at this hearing

4 and recommending changes which may need to be

5 made to the documentation as a result.

6 I would like to introduce the following

7 documents into the record: The first of which is

8 a notice for this particular public hearing; the

9 second is the Draft Request for Redesignation and

10 Maintenance Plan under the annual National

11 Ambient Air Quality Standards for fine particles

12 for the Indiana portion of the Chicago-Gary-Lake

13 County, Illinois-Indiana Nonattainment Area for

14 Fine Particles, more specifically, Lake and

15 Porter Counties here in Indiana.

16 L~stly, I would like to briefly go over

17 the contents of the draft documents. In 1997,

18 the United States Environmental Protection Agency

19 set daily and annual ambient air quality

20 standards for fine particles at 15 micrograms per

21 cubic meter on an annual basis and at 65

22 micrograms per cubic meter on a 24-hour or daily

23 basis.
7

1 Legal challenges to the new standards for

2 fine particles resulted in delayed implementation

3 of the standard until February of 2001, when the

4 Supreme Court upheld the standards and ruled that

5 U.S. EPA could proceed with implementation of the

6 new air quality standards.

7 This submittal pertains solely to the 1997

8 annual standard for fine particles. The

9 Chicago-Gary-Lake County, Illinois-Indiana

10 Nonattainment Area for Fine Particles complies

11 with both the 1997 and 2006 24-hour standards for

12 fine particles.

13 Indiana began monitoring for fine

14 particles in 1999. u.s. EPA originally

15 designated counties under the fine particle

16 standards based on 2001 through 2003 monitoring

17 data in December of 2004.

18 The United States Environmental Protection

19 Agency formally designated areas throughout the

20 country on April 5th, 2005 as attainment,

21 nonattainment or unclassifiable, including Lake

22 and Porter counties here in Indiana as part of

23 the Chicago-Gary-Lake County, Illinois-Indiana
8

1 Nonattainment Area.

2 The Chicago-Gary-Lake County,

3 Illinois-Indiana Nonattainment Area for fine

4 particles consists of Lake and Porter Counties as

5 well as Cook, DuPage, Kane, Lake, McHenry and

6 Will Counties, as well as portions of Grundy and

7 Kendall Counties in Illinois.

8 The agencies responsible for assuring the

9 nonattainment area compli~d with the Clean Air

10 Act requirements are: The Illinois Environmental

11 Protection Agency, which is responsible for Cook,

12 DuPage, Kane, Lake, McHenry and Will Counties, as

13 well as portions of Grundy and Kendall Counties

14 in Illinois; and, of course, the Indiana

15 Department of Environmental Manag~ment, which is

16 responsible for Lake and Porter Counties here in

17 Northwest Indiana.

18 Indiana and Illinois have worked

19 cooperatively with the United States

20 Environmental Protection Agency, specifically the

21 Region V Office, to address various planning

22 requirements in conjunction with the air quality

23 standards.
9

1 Lake and Porter Counties, Indiana comp~ied

2 with the annual standard for fine particles for

3 six consecutive years with values that are now

4 well below the standard.

5 Furthermore, photochemical modeling

6 conducted by the State of Indiana as well as the

7 Midwest Regional Planning Organization and the

8 United States Environmental Protection Agency

9 demonstrates that beginning in 2011, Lake and

10 Porter Counties, Indiana will benefit greatly

11 from the implementation of the United States

12 Environmental Protection Agency's proposed Clean

13 Air Transport Rule, which projected design

14 which projects our monitored concentrations to be

15 even further below the standard and providing for

16 a larger and ample margin of safety.

17 These modeling results are considered to

18 be conservative, and they do not include emission

19 reductions that will occur as a result of several

20 federal control programs, including substantial

21 off-road diesel fuel and engine reductions.

22 To meet the regulatory requirements put

23 forth by the U.S. EPA in relation to the National
10

1 Ambient Air Quality Standards, IDEM was required

2 to submit a State Implementation Plan, also known

3 as an Attainment Plan, no later an April 5th

4 of 2008.

5 In lieu of this attainment plan that

6 verifies to u.s. EPA that the area is in fact on

7 target to meet the annual National Ambient Air

8 Quality Standard for fine particles, based on

9 monitoring as well as modeling information, the

10 Department of Environmental Management deemed it

11 more appropriate to submit a request to

12 redesignate the area based on a demonstration

13 that the area has already met the air quality

14 standard.

15 On April 3rd, 2008, the Departmetit of

16 Environmental Management submitted a

17 redesignation request to U.S. EPA for review and

18 approval, including a maintenance plan that

19 included a horizon year of 2020, meaning that we

20 demonstrated that the area would continue to meet

21 the standard to the year 2020.

22 U.S. EPA has not been able to act on that

23 2008 submittal due to a Federal Court's remand of
1 the Clean Air Interstate Rule. This remand

11

2 prevents the u.s. EPA from deeming the emission

3 reductions that aided this area in attaining the

4 standard as being permanent and enforceable.

5 As such, u.s. EPA did not wish to proceed

6 with approving the Department of Environmental

7 Management1s 2008 submittal until a replacement

8 rule for this particular federal program was in

9 place.

10 On July 6, 2010, U.S. EPA proposed a

11 replacement rule, referred to as the Clean Air

12 Inter -- Clean Air Transport Rule. This rule

13 will be finalized this summer, and at that time

14 the United States Environmental Protection Agency

15 will be able to proceed with approving

16 redesignation requests such as this.

17 As for the 2008 submittal, the maintenance

18 plan horizon year of 2020 is no longer at least

19 ten years from the date of federal action. As

20 such, the Department of Environmental Management

21 is now submitting this updated implementation

22 plan with a maintenance plan horizon year

23 of 2025. This will be a direct replacement to
12

1 the submittal from April of 2008.

2 It is important to note that the United

3 States Environmental Protection Agency viewed the

4 Department of Environmental Management's 2008

5 submittal for the Lake and Porter Counties to be

6 valid until such time that the Clean Air

7 Interstate Rule was remanded by a Federal Court.

8 Since that time air quality has improved even

9 further within the region, and a replacement rule

10 for the Clean Air Interstate Rule will soon be in

11 place.

12 Although Indiana and Illinois have worked

13 together on a comprehensive plan for multistate

14 areas, each state is required to make a separate

15 submittal for its portion of the plan and

16 components to the United States Environmental

17 Protection Agency. As such, this submittal only

18 covers Indiana's portion of the nonattainment

19 area, that, again, being limited to just Lake and

20 Porter Counties here in Indiana.

21 The highest most recent design value for

22 the area, based on 2008 through 2010 quality

23 assured ambient air quality monitoring data'is
1 12.7 micrograms per cubic meter. This design

13

2 value represents fine particle concentrations

3 that are below the National Ambient Air Quality

4 Standard, thus the area is eligible to be

5 redesignated to attainment under the annual

6 standard for fine particles and classified as

7 maintenance.

8 IDEM has prepared this draft Redesignation

9 and Maintenance Plan under the annual ambient air

10 quality standards for fine particles for the

11 Indiana portion of the nonattainment area

12 consistent with U.S. EPA guidance.

13 The draft Redesignation and Maintenance

14 Plan outlines a demonstration that the area has

15 attained the standard based on actual monitored

16 concentrations throughout the area, and that the

17 reductions in monitored concentrations are

18 attributable to permanent and enforceable at

19 reductions in precursor emissions, specifically

20 reductions of nitrogen oxides and sulfur dioxide.

21 Furthermore, the draft Maintenance Plan

22 outlines the following: Regional precursor

23 emissions of oxides of nitrogen and sulfur
14

1 dioxide will continue to decline in the future;

2 due to existing and future emission controls, the

3 area's air quality is not projected to worsen,

4 and should only further improve over time; a

5 commitment for all existing emission controls to

6 remain in place; a commitment to revise the plan

7 within eight years of redesignation; a commitment

8 to adopt and expeditiously implement necessary

9 corrective actions if an action level respons,e is

10 triggered, meaning if there is any unexpected

11 reason air quality should worsen in the area, an

12 action level response would require us to

13 immediately act in order to reverse that trend;

14 this also includes a mobile source emission

15 budget for transportation conformity purposes.

lu This does conclude my comments regarding

17 the draft Redesignation and Maintenance Plan

18 under the annual ambient air quality standards

19 for fine particles for Indiana's portion of the

20 nonattainment area.

21 Before opening this hearing for public

22 comments, may I once again remind you that this

23 hearing pertains solely to this particular
15

1 Redesignation and Maintenance Plan in conjunction

2 with the annual standard for fine particles, and

3 only comments pertaining to this matter would be

4 considered as part of the official record.

5 Gale Ferris I will available during as

6 well as after the hearing should you have any

7 questions that you care to ask or discuss off the

8 record as well.

9 With that, I would like to now open this

10 hearing for public commen~s. Are ther~ any

11 comments relative to this topic?

12 Yes, sir.

13 MR. GIL: I donlt know if this is

14 related, but USX is -- they're doing that coke

15 plant, the new batteries.

Do you know what 1 1 m

standard?

THE HEARING OFFICER: Uh-huh.

MR. GIL:

talking about?

THE HEARING OFFICER: Yes.

MR. GIL: Does that have anything to

do with the new standards? Do they have meet

that, or are they doing according to the old

16

17

18

19

20

21

22

23
1 THE HEARING OFFICER: Yes.

16

Would you

2 mind providing your name just to make sure we can

3 get it on the record properly?

MR. GIL: Frank Gil, Hammond.

THE HEARING OFFICER: Okay. Gil,

Frank. Yeah, basically that is what -- it would

be referred to as a permit modification, and

it -- but before that project could be complete

or operational, our agency, in conjunction with

technical staff with the United States

Environmental Prot~ction Agency, have to conduct

THE HEARING OFFICER:

4

5

6

7

8

9

10

11

12

13

14

Gil?

MR. GIL: Yes.

Okay. Thanks,

15 an analysis to determine that the project, once

16 constructed and operational, wouldn't in fact

17 jeopardize our ability to comply with the ambient

18 air quality standards, so it ensures that there's

19 no bac~sliding with where we're at today.

20 MR. GIL: Is it actually going to

21 improve the quality of the air particles in that

22 immediate area?

23 THE HEARING OFFICER: It -- yeah,
17

1 actually -- and if -- it's actually a very

2 interesting project, because we have a power

3 plant project in Southern Indiana that's very

4 similar, where you're replacing an older

5 technology with a newer technology, and the newer

6 technology is much -- the technology and the

7 process is much cleaner, so we suspect that the

8 project would contribute to improved air quality

9 in comparison with, you know, how the facility

10 would have operated in previous history.

11 Any other comments or questions?

12

13

Yes, Frank.

MR. GIL: We're so close to Chicago,

14 being a big city, and then you've got Michigan

15 nearby, and then Ohio, they have all of those

16 steel plants and what have you. Are the

17 standards the same nationwide, or

18 THE HEARING OFFICER: Yeah, they are,

19 they're National Ambient Air Quality Standards.

20 They're established by the Federal Government and

21 they apply nationwide, the lower 48 as well as in

22 Alaska and Hawaii and Puerto Rico.

23 MR. GIL: One more question: We were
18

1 In the nonattainment zone or whatever you want to

call it.

all, let me address the first part of that, and

that is, is that for this particular air quality

standard, we measure air quality throughout

THE HEARING OFFICER: Right.

MR. GIL: Now all of the sudden -- I

heard that we're out of it, but now I hear we're

going to go back into it because they're going to

have tougher standards.

2

3

4

5

6

7

8

9

10

11

THE HEARING OFFICER: Yeah. First of

12 Northwest Indiana. We have multiple sites in

13 Lake County, multiple sites in Porter, and

14 multiple sites in La Porte, and since 2004 we've

15 measured air quality consistently year-round

16 through 2010, as well as through 2011 to date,

17 that's well below that standard.

18 And if we are successful in getting this

19 area reclassified to attainment, it'll be the

20 first time in decades that Lake and Porter

21 Counties are actually designated attainment for

22 all pollutants, so to us, that's really important

23 because it means that all of the citizens here
19

1 are breathing air quality that meets the ambient

2 air quality standards, which are health based.

3 But second, it does clear the slate for us

4 to prepare for and respond to new air quality

5 standards as they are developed. Right now the

6 Federal Government reviews the standards once

7 every five years to ensure that they are

8 sufficiently protective of public health.

9 So, each standard, for which there are

10 six, each of those six are reviewed once every

11 five years, so what we end up with is, for a

12 minimum of one, but sometimes two, new air

13 quality standards are released each year, and so

14 the Federal Government is in the process of

15 reviewing and considering a new standard for

16 carbon monoxide, ozone, as well as for

17 particulate matter.

18 Last year they released a new one for

19 nitrogen dioxide as well as for sulfur dioxide,

20 and this year they're scheduled to release a new

21 one for carbon monoxide and ozone. So, as the

22 bar is lowered, there will be situations where

23 new portions of the state, and possibly Northwest
20

1 Indiana, could be in violation of those standards

2 once they're lowered.

3 The trend in air qualities going like

4 this, but just because you're below this line

5 doesn't mean you're going to be below this line

6 if this line's moved to here. But at this point

7 in time we don't know what those lines are going

8 to be, you know, where they're going to be

9 placed, so we don't know whether the area would

10 be above them or below them.

11 Just to give you an example, the ozone

12 standard, EPA is looking at a range of 60 to 70

13 parts per billion. If the standard is set at 70,

14 the area will be in good shape. If it's set

15 anywhere lower than 70, we may have a challenge.

16 But by the time EPA starts implementing the

17 standard, we may in fact be in attainment of that

18 standard again, even if that's set below 70.

1980, a lot of it just depends on how fast

20 EPA acts on the standard and then how fast they

21 go through designating areas in conjunction with

22 that standard.

23 Any other comments?
21

1 MR. TAYLOR: What's this going to

2 mean for local industries besides u.s. Steel?

I should have identified

Post-Tribune.

the Post-Tribune.

mind if I

from

Do you

I should

Okay.

Okay.

From the

I'm sorry.

MR. TAYLOR: I'm Mark Taylor,

MR. TAYLOR:

THE HEARING OFFICER:

MR. TAYLOR:

THE HEARING OFFICER:

THE HEARING OFFICER:

3

4

5

6

7

8

9

10

11

12 my mysel f .

13 THE HEARING OFFICER: I just want to

14 make sure that --

THE HEARING OFFICER:

15

16

MR. TAYLOR: Yeah.

-- Lindy has

17 your name for the record.

for -- this particular action, what does it mean

18 No trouble.

19

20

MR. TAYLOR:

THE HEARING OFFICER: What it means

21 for local industry? The most significant,

22 associated with this particular action is, is

23 that it does alleviate certain requirements
22

1 associated with permitting. The permitting

2 program for Lake and Porter Counties would move

3 from a nonattainment new source review permitting

4 to what would be referred to as an attainment NSR

5 or prevention of significant deterioration

6 program.

7 What that means is, is that it is easier

8 for sources to secure an operating permit. It's

9 less costly to secure an operating permit;

10 however, there is additional burden that1s put on

11 the state to ensure that the issuance of that

12 permit doesn1t in fact result in any sort of

13 backsliding with regard to what we1ve achieved

14 with air quality.

15 MR. TAYLOR: How does that part work,

16 to avoid the backsliding?

17 THE HEARING OFFICER:

18 backsliding?

To avoid the

When we receive a permit

19 application, we have to go through a detailed

20 evaluation of what the impact of that particular

21 project would be. That includes a dispersion

22 modeling test to determine what the actual impact

23 on concentrations for a specific pollutant would
23

1 be in the area that the project would occur.

2 That becomes part of the technical support

3 document associated with the permit, and I can

4 tell you that the modeling is actually much more

5 conservative than monitoring is, because

6 monitoring is measuring what actual emission

7 levels are or, you know, would be, and then your

8 modeling is always assuming a worst-case

9 scenario, potential to emit, and that potential

10 to emit is usually you quite higher than what the

11 actual emission rates are.

12 MR. TAYLOR: now, the -- we've, of

13 course, had to go through auto emission checks

14 for a long time in Northwest Indiana. If we --

15 if we are being reclassified as an attainment

16 area, if this -- this still requires EPA

17 approval; is that right?

18 THE HEARING OFFICER: Yeah, this

19 particular action does require Federal Government

20 approval, and specifically the Environmental

21 Protection Agency. However, one of the things

22 that I did mention that was included as a

23 commitment within this particular submittal,
24

1 which is a prerequisite for federal approval, is

2 a commitment on behalf of the state to maintain

3 all existing emission control programs, which

4 means that in order to secure approval, all

5 existing emission control programs, including the

6 vehicle emissions testing program, would remain

7 in place.

8 MR. TAYLOR: So, we're still going to

9 have to go through the emission checks?

10 THE HEARING OFFICER: That's correct.

11 The clean air car check program is here to stay

12 in Northwest Indiana. It has been a very, very

13 important piece to the air quality improvements

14 that have been achieved here.

15 MR. TAYLOR: And this is permanent?

16 THE HEARING OFFICER: Well, certainly

17 at this point in time. You know, the gentleman

18 behind you, Frank, had asked a question earlier

19 with regar~ to, you know, the possibility of the

20 standards being tightened and us being back in

21 the same boat allover again.

22

23

MR. TAYLOR: Dh-huh.

THE HEARING OFFICER: That's the
25

1 hurdle that we have with the emissions testing

2 program is, is that before we could possibly jump

3 through the hurdles to eliminate the program

4 here, there would be a new air quality standard

This pertains

EPA is

in place that would prohibit us from being able

to proceed further. The standard that -- the

pollutant and the standard that that program was

in place for is the ozone standard.

MR. TAYLOR: Uh-huh.

THE HEARING OFFICER:

to particulate matter or fine particles.

5

6

7

8

9

10

11

12 going to be issuing a new ozone standard next

13 or by the end of this July, no later an July 30th

14 of this year. So -- and that is something that

15 we are anticipating that will likely affect a lot

16 of areas in Indiana, including Northwest Indiana,

17 depending on where that standard is set. But

18 it's those actions that are really going to

19 dictate how long the program remains in place.

20 Frank?

21 MR. GIL: There is a major power

22 plant in Hammond, by Lake Michigan, Chicago

23 border.
26

1 THE HEARING OFFICER: Uh-huh.

2 MR. GIL: They're going to go out of

3 existence, I hear, in -- by less than --

4 THE HEARING OFFICER: By 2012?

5 MR. GIL: Yeah, pretty soon. They

6 these new standards that are about to be, do you

7 think that had an influence on that power plant?

8 THE HEARING OFFICER: Yeah. One of

9 the standards that I mentioned from last year was

10 the sulfur -- the new standard for sulfur

11 dioxide. Dominion Energy, which owns the State

12 Line Power Plant, had informed our Department

13 that that new standard was what dictated their

14 time line for closing, because that particular

15 standard would have required the state to

16 establish an emission limit much lower than they

17 were capable of achieving in order to comply with

18 the standard itself.

19 MR. TAYLOR: Is that nitrous oxide,

20 did you say?

Sulfur dioxide.

21 Sulfur dioxide.

22

23

THE HEARING OFFICER:

MR. TAYLOR:

THE HEARING OFFICER: Yes. In
27

1 addition to that standard, there are a lot of

2 other new federal requirements that the facility

3 would have to meet, too, and, you know, based on

4 what I've read, which is the same information

5 that you have access to here, you know, it's a

6 combination of those factors that they simply

7 determined it wouldn't be cost effective to

8 continue operating.

9 MR. GIL: That entity had I think

10 it's 120 jobs they're going to lose.

11 THE HEARING OFFICER: Uh-huh.

12 MR. GIL: And there is another -- I

THE HEARING OFFICER:

13

14

15

live in Hammond

Jupiter Aluminum.

there is another place called

Did you ever --

Yes.

16 MR. GIL: -- hear of them?

17 THE HEARING OFFICER: Uh-huh.

18 MR. GIL: I think they're not in

19 compliance. It sure the heck smells over there.

20 But do you think that they're going to go away

21 because of these standards?

22 THE HEARING OFFICER: No, I wouldn't

23 make any prediction with regard to what's going
28

1 to happen with business as air quality standards

2 are tightened. I think one thing that's

3 important to point out is, is where we are at in

4 Northwest Indiana is a better place than we have

5 been in decades. You know, in the past we've had

6 portions of, you know, Lake Courity designated for

7 multiple standards at the same time.

8 As of today, the standard that we're

9 talking about today is the only standard that the

10 area is designated for, and that -- you know,

11 we're pretty confident that our demonstration is

12 going to receive federal approval, which means

13 that this will be the first time in decades

14 this -- these two counties are going to be in

15 attainment for all air pollutants.

16 Now, when we look at dealing with new air

17 quality standards in the future, certainly it'll

18 present new challenges, but those challenges

19 won't be unlike what we will see elsewhere in the

20 state.

21 I can tell you here in Northwest Indiana

22 another reason why the clean air car check

23 program was so important. When we look at
29

1 precursor emissions and what the impact is on

2 pollutants like carbon monoxide, ozone, fine

3 particles and nitrogen dioxides, mobile sources,

4 cars and trucks, are the largest contributor.

5 That wasn't the case in the early 1990's,

6 but today, if you were looking at trying to

7 address air quality problems in this region, you

8 would have to look at mobile sources. Industry

9 in Northwest Indiana is controlled to -- in a

10 more stringent fashion than you will find

11 anywhere else in Indiana and in very few other

12 places across the country.

13 MR. GIL: You mentioned trucks. The

14 over-the-road truckers, I think now when they

15 like pull to a truck stop overnight, I think they

16 charge up their engines or motors with

17 electricity now instead of having the engine run.

18 THE HEARING OFFICER: Uh-huh.

19 MR. GIL: Is that going to be the

20 standard, or are they going to be forced

21 nationwide? Is this going to be common now?

I mean we hope

22

23

THE HEARING OFFICER:

actually a voluntary program.

Well, it's
30

1 that that's what, you know, all truckers decide

2 to do, but one of the things that's really

3 driving it at a much more rapid pace are fuel

4 prices. You know, one gal -- if you're vehicle

5 is idling, a heavy-duty vehicle is idling, it

6 burns one gallon of fuel every eight hours just

7 idling.

8 And, you know, if diesel fuel is over four

9 dollars a gallon and you own a fleet of 40

10 trucks, you know, that's -- that adds up to real

11 cash. And there are a number of things that you

12 can do that will still provide you all of the

13 creature comforts within your cab that you can,

14 you know, shut your engine off. Electricity is

15 one, shore power, where you plug in at the truck

16 stop.

17 Another is what is referred to as an

18 auxiliary power unit that runs on battery power,

19 or a small gasoline motor that would only burn

20 one gallon of gas for every 30 hours of

21 operation. So, there are a number of things.

22 We have a program, if you're interested,

23 with the Department of Environmental Management
1 referred to as Diesel Wise. If you go to

31

2 dieselwise.in -- I think it's dieselwise -- or

3 excuse me -- in.gov.dieselwise -- or it's in

4 yeah, in.gov/dieselwise, but that program is

5 making federal and state money available to

6 municipal as well as private companies across the

7 state that operate diesel vehicles in order to

8 achieve just that, reduction in idling time. The

9 less idling there is, the fewer emissions there

10 are. And diesel-powered vehicles are a very

11 large contributor of particulate matter.

12 So, for us, you know, oxides of nitrogen

13 and soot or particulate from diesel, both of

14 those are coming out at the tailpipe or exhaust

15 pipe on a diesel vehicle and both of those are

16 significant contributors to particulate matter,

17 which is, you know, the air quality standard that

18 we're discussing tonight.

19 MR. TAYLOR: Just to play Devil's

20 advocate, we're located in the Crossroads of

dissecting us.

21

22

America. We have three or four interstates

While we are required to get our

23 emissions tested, those of us who live around
32

1 here, we're also impacted, I don't think in a

2 small way, by all of the passing traffic

3 coming--

4 THE HEARING OFFICER: Uh-huh.

5 MR. TAYLOR: -- you know, from east

6 and west and north and south that are coming

7 through here that -- who aren't being checked.

8 Has there ever been an effort made -- and I'm not

9 even sure how you could test that ~- to determine

10 how much of this is, I don't know, alien,

11 foreign, outside of our area?

12 I'm not sure of the right categorization,

13 but I mean I could imagine us being permanently

14 on a non -- I mean even if we are, as you said,

15 in an attainment state, we're still required to

16 do the emissions checks even though it may not be

17 our contributions that are giving us so much of

18 this particular [sic] matter.

19 THE HEARING OFFICER: Yeah, actually

20 there are two things that are done on a very

21 routine basis to determine just exactly what the

22 impact of the local fleet is compared to the

23 fleet that accumulates vehicle miles traveled
33

1 through Lake and Porter County but originate

2 outside of Lake and Porter County.

3 The first of which is for transportation

4 conformity purposes. We have to determine what

5 portion of that -- that vehicle miles traveled is

6 coming from vehicles registered outside the two

7 counties. That is all incorporated as part of

8 the travel demand model for the Northwest Indiana

9 Regional Planning Commission, which the

10 metropolitan planning organization for the area.

11 They could certainly give you statistics with

12 regard to that, and that's done through a number

13 of" travel studies.

14 The second is, is that a component of our

15 vehicle emissions testing program, we have to

16 test a portion of the fleet that's registered

17 outside of the county that's operating within the

18 county. That gives us really valuable

19 statistics. One, it gives us a fraction for what

20 portion of the vehicles that we're capturing

21 roadside are deriving from outside the counties.

22 We get that based on the license plate data.

23 But two, it gives us information on what
34

1 is the difference in the emission factor coming

2 out of that vehicle compared with the emission

3 factor for a vehicle registered in Lake and

4 Porter County. We're required to collect that

5 information and present it to the U.S. EPA on an

6 annual basis in order to demonstrate whether or

7 not we're meeting the requirements associated

8 with our emissions testing program.

9 You know, we're achieving significant

10 reductions in Lake and Porter County, but at the

11 same time, we'd have to acknowledge that a

12 portion of the emissions that are occurring here

13 are for vehicles that aren't registered in Lake

14 and Porter Counties, but that's no different than

15 where a vehicle emissions testing program is

16 required anywhere else.

17 MR. TAYLOR: Do you know what that

18 percentage would be?

19 THE HEARING OFFICER: It's less than

20 half.

21 MR. TAYLOR: Really? Okay. Less

22 than half is attributable to sources registered

23 outside of Lake and Porter County?
35

I'm the Air Compliance Manager at

I just wanted to say

1 (Nodded yes.)

2

3

4

5

6

Alexander.

U.S. Steel,

THE HEARING OFFICER:

MR. TAYLOR: Okay.

THE HEARING OFFICER:

MR. ALEXANDER: Yeah,

Gary Works.

Yes.

Scott. I'm Jim

7 that we certainly support the agency's efforts in

8 redesignation.

9 THE HEARING OFFICER: Okay.

10 MR. ALEXANDER: And it's important to

11 recognize the hard work that the agencies have

12 done, that industry, pusinesses, the citizens and

13 other organizations have done, to improve the

14 quality of air.

15 It's also critical to the economy of

16 Northwest Indiana that we achieve and get

17 recognized for attainment, for some of the

18 permitting reasons that Scott talked about or

19 Frank talked about, the 120 jobs lost. This type

20 of designation makes a type of investment at Gary

21 Works, in the new coke technology that you were

22 discussing, possible. So, I just wanted to state

23 our support for the redesignation effort.
1

2

3

THE HEARING OFFICER:

Any other comments?

Frank.

Thank you.

36

4 MR. GIL: Oh, in Hammond, it's

5 Indianapolis Boulevard, Summer Street, in that

6 area, you've got that Nine Span Bridge over

7 there; are you familiar? They're doing some

8 major work over there. I think it's going to

9 intermodal transportation, something to that

10 effect. Intermodal transportation, is that the

11 in thing now for saving as far as particles in

12 the air?

13 THE HEARING OFFICER: Yeah, any time

14 you're increasing the occupancy rate of travel,

15 it's good for air quality. What I mean by that

16 is, on average, the average vehicle only contains

17 1.2 passengers. Most people drive to work alone

18 and drive home alone. The more people that you

19 get in a vehicle at a time, the better it is for

20 air quality, because that means a car is left

21 behind some place else.

22 So, public transportation, ride sharing,

23 reliance on the South Shore, you know, riding
37

1 your bike, you know, all of those things are, you

2 know, very, very important to air quality, but in

many places they're considered permanent

know that you're saying that this would be the

Indiana is blessed with one of the greatest

transportation resources in the country in the

South Shore Railroad.

So, how does this -- how

I mean I

Northwest

MR. TAYLOR:

enforceable reduction measures, too.

do we compare to the rest of the state?

3

4

5

6

7

8

9

10

11 first time we've achieved attainment in all

12 categories of pollutants, air pollutants; right?

13

14

THE HEARING OFFICER: Right.

MR. TAYLOR: So, that's Lake and

15 Porter County. Are there other parts of the

16 state that are in the same boat we're in?

17 THE HEARING OFFICER: Indianapolis,

18 Evansville, our portion of Louisville, our

19 portion of Cincinnati -- let's see. I think that

THE HEARING OFFICER:

20 that's--

21

22

MR. FERRIS: Seems like that's it.

I think that is

23 it right now.
1 MR. TAYLOR:

38

And those areas are also

2 not in attainment currently?

3 THE HEARING OFFICER: That's correct.

4 MR. TAYLOR: What -- or how does the

5 stat~e benefit by Lake and Porter County becoming

6 an attainment level area?

I mean is there a

7

8

9

THE HEARING OFFICER:

that the state benefits

MR. TAYLOR:

Well, the way

10 financial benefit to the state or other things

11 that accrue as a result of our achieving this

12 status?

13 THE HEARING OFFICER: No, I think

14 that the most important aspect for us is, is it

15 cleans the slate, because, you know, EPA will

16 issue a new tighter standard for fine particles

17 in the future.

18 We want to definitely put this chapter

19 behind us so that when we are d.eal ing wi th that

20 new standard, there's no question with regard to

21 what the requirements apply, because we've closed

22 this chapter. We are designated attainment at

23 the time that we're looking at implementing a new
39

1 air quality standard.

2 When an area falls under two standards for

3 the same pollutant, it just really makes things

4 extremely complex and muddy when it comes to

5 implementing the various prescribed requirements

6 for that specific pollutant.

7 We ran into that here in Northwest Indiana

8 with the most recent ozone standard. The area

9 was affected under the one-hour ozone standard~

10 EPA revoked it, we hadn't gotten a redesignation

11 secured, and then we were designated under a new

12 eight-hour ozone standard.

13 Well, what happened was is that there were

14 all of these requirements under the one-hour

15 standard that we had to meet that weren't

16 required under the eight-hour standard, and it

17 led to an awful lot of confusion, but also it

18 resulted in us having to do things that we

19 wouldn't have had to do had we gotten

20 redesignated prior to the eight-hour standard

21 kicking in. So, we've learned from past history,

22 starting with a clean slate when you're dealing

23 with a new air quality standard is a good
40

1 position to be in.

2 -MR. TAYLOR: Scott, do you have a

3 copy of what you read us? I was furiously taking

4 notes, but

5 THE HEARING OFFICER: Oh, yeah, I do.

6 MR. TAYLOR: I don't pretend I

7 caught every single word of it.

8 THE HEARING OFFICER: I apol -- I'll

9 let you walk away with one this evening.

10 MR. TAYLOR: All right. Swell.

11 THE HEARING OFFICER: Any other

12 questions or comments?

13 (No response.)

14 THE HEARING OFFICER: If not, I will

15 go -- I am going to go ahead and close the

16 proceedings, but Gale and I are going to continue

17 to be available this evening for any additional

18 questions or discussion that you'd like to have.

19

20

21

22

23

closed.

With that, this public hearing is now

Thank you.

Thereupon, the proceedings of

May 18, 2011 were concluded

at 6:20 o'clock p.m.
1

2

CERTIFICATE

I, Lindy L. Meyer, Jr., the undersigned

41

3 Court Reporter and Notary Public residing in the

4 City of Shelbyville, Shelby County, Indiana, do

5 hereby certify that the foregoing is a true and

6 correct transcript of the proceedings taken by me

7 on Wednesday, May 18, 2011 in this matter and

8

9

10

11

12

13

14

transcribed by me.

Lindy

~t~, L. Meyer, Jr.,

Notary Public in and

for the State of Indiana.

15 My Commission expires October 27, 2016.

16

17

18

19

20

21

22

23
3

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29:2 41:15 coSt[1J _27:7 designating[1J - 20:21

card [3J - 4:17, 4:18, 5:6 commitment (5) - 14:5, 14:6, costly [1]- 22:9 designation [1J - 35:20

cards [2J - 4:12, 5:8 14:7,23:23, 24:2 Counties [16J _3:10, 4:11, desiring [1[- 4:14

: care [21- 5:15, 15:7 common [1J - 29:21 I 6:15,8:4,8:6,8:7, 8:12, detailed [1J - 22:19

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. cars [1J - 29:4 i compare [1J - 37:9 ' 12:20, 18:21,22:2, 34:14 determine[5J - 16:15,22:22,

case [2J - 23:8, 29:5 compared [2J - 32:22, 34:2 counties (5J - 7:15, 7:22, 32:9, 32:21, 33:4

cash [1J - 30:11 comparison 11]- 17:9 28:14, 33:7, 33:21 determined [1]- 27:7

categories [1J - 37:12 complete [1J - 16:11 COUNTIES [1J - 1:6 developed [1) - 19:5

, categorization (1)- 32:12 completed [1J - 5:8 country [3J - 7:20, 29:12, Devil'~q1J - 31 :19

i caught [1] - 40:7 complex [1J - 39:4 37:6 dictate [1J - 25:19

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33:11,35:7 complied [2J - 8:9,9:1 7:9, 7:23, 8:2, 18:13,28:6, diesel [6] - 9:21,30:8,31:7,

CERTIFICATE [1)- 41:1 complies [1J - 7:10 33:1,33:2, 34:4, 34:10, 31 :10,31 :13, 31 :15

certify (1)- 41:5 comply(2J _16:17, 26:17 I 34:23, 37:15, 38:5, 41:4 diesel-powered (1)- 31 :10

. CFR(1)-3:12 component[1J-33:14 I course[2J-8:14,23:13 dieselwise[1J-31:2

, challenge [1J - 20:15 components [1)- 12:16 Court [3J - 7:4, 12:7,41:3 dieselwise.in (1)- 31:2

: challenges [3J - 7:1,28:18 comprehensive [1J - 12:13 Court's [1J - 10:23 difference I1J - 34:1

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chapter[2J - 38:18,38:22 13:2, 13:16, 13:17, 22:23 creature [1) - 30:13 dioxide [7J - 13:20, 14:1,

charge [1J - 29:16 concerning [1J - 3:4 critical [1J - 35:15 19:19,26:11,26:21,26:22

check[2J - 24:11,28:22 conclude [1J - 14:16 Crossroads [1J - 31:20 dioxides [1J - 29:3

checked [1J • 32:7 concluded [1J - 40:22 cubic [3J - 6:21, 6:22,=3:1 direct [1J - 11 :23

checks (3)- 23:13, 24:9, conclusion [1J - 6:1 __ discuss [1J - 15:7

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6:12,7:9,7:23,8:2 conformity[2J _14:15, 33:4 daily[2J - 6:19,6:22 document[lJ _23:3

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39:16,39:20

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23:11,23:13,24:3,24:5,

24:9,26:16,34:1,34:2

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13:23, 24:6, 25:1, 29:1,

31:9,31:23,32:16,33:15,

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6:18,7:18,8:10,8:15,

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10:16,11:6,11:14,11:20,

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13:13, 13:21, 14:17 I 34:5, 38:15, 39:10 13:22 I HEARING [53J - 1:4, 2:2, 3:3,

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newer(2)- 17:5 ON [1J - 2:3 partlcular(13) - 4:15, 5:5, 7:22, 8:4, 8:16, 9:1, 9:10,

newspapers (11 - 3:23 once[sJ -14:22,16:15,19:6, 6:8,11:8,14:23,18:10, 12:5,12:20,18:13,18:20,

next [2J - 4:13,25:12 19:10,20:2 21 :20,21 :22,22:20,23:19, 22:2, 33:1,33:2, 34:4,

Nine [lJ - 36:6 One [3J - 17:23, 26:8, 33:19 23:23,26:14,32:18 34:10,34:14,34:23, 37:15,

nitrogen (S)- 13:20, 13:23, one (14J - 19:12, 19:18, particulate{sJ - 19:17, 38:5

19:19,29:3,31:12 19:21,23:21,28:2,30:2, 25:11,31:11,31:13,31:16 PORT.ER[lj-1:6

nitrous [lJ - 26:19 30:4,30:6,30:15,30:20, parts [2J - 20:13, 37:15 portion [12J _3:7, 6:12,

non (lJ - 32:14 37:5,39:9,39:14,40:9 passengers [1]- 36:17 12:15, 12:18, 13:11, 14:19,

Nonattainment(sJ - 3:9, one-hour[2j- 39:9,39:14 passing (1)- 32:2 33:5,33:16,33:20,34:12,

6:13,7:10,8:1,8:3 open (2]- 5:21,15:9 past[2J - 28:5,39:21 37:18,37:19

nonattainment(7J - 7:21, opening (lJ - 14:21 people [2J - 36:17,36:18 portions (41- 8:6,8:13,

8:9, 12:18, 13:11, 14:20, operate (lJ - 31:7 per[4J - 6:20, 6:22, 13:1, 19:23, 28:6

18:1,22:3 operated [1J - 17:10 20:13 position (1] _40:1

north [lJ - 32:6 operating [4J - 22:8,22:9, percentage [lJ - 34:18 possibilitY(1J _24:19

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19:23,23:14,24:12,25:16, operation (lJ - 30:21 I 24:15,37:3. possibly[2)- 19:23, 25:2

, 28:4, 28:21, 29:9, 33:8, i operational(2J - 16:12, I permanently [1] - 32.13 Post (3) _4:3, 21 :6, 21:8

. 35:16,37:4,39:7 I 16:16 permit(6)-16:10, 22:8, 22:9, Post-Tribune [3) _4:3, 21:6,

1 Notary(3]-1:13,41:3,41:12 lopportunity(2J-4:6,5:11 22:12,22:18,23:3 21:8

' note[2J - 4:21, 12:2 i Oral [lJ - 5:13 permitting{4J - 22:1,22:3, potential (2] _23:9

notes (1J - 40:4 I orally [lJ - 5:16 35:18 power [6J _17:2, 25:21, 26:7,

notice[3]- 5:3,5:4,6:8 " order[sJ _14:13, 24:4, person [2J - 5:2,5:23 30:15,30:18

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! notification (1) - 5:7 I Organization [1] - 9:7 pertaining [1J - 15:3 powered [1J _31:10

NSR [1J - 22:4 i organization [3J - 4:20, 4:21, pertains [3J - 7:7, 14:23, precursor [3J _13:19, 13:22,

number[3J-30:11, 30:21, i 33:10 25:10 29:1

: 33:12 organizations[1J - 35:13 Petition[1J - 4:8 prediction(lJ _27:23

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occurring (11 - 34:12 I overnight (1J - 29:15 placed (1J - 20.9 I pretty [2] _26:5, 28:11

October[1J - 41:15 I own (1J - 30:9 places [2J - 29:12,37:3 I prevention (1)- 22:5

OF (3)- 1:1, 1:~1, 2:3 I owns [1J _26:11 I Plan [12J - 3:5, 3:13, 4:9, 5:5, I prevents (1J -11:2

off-road [lJ - 9.21 I oxide (lJ _26:19 6:10, 10:2, 10:3, 13:9, previous (lJ _17:10

Off:r[2J- 4:~, 5:1~. I oxides [3J _13:20, 13:23, 13:14,13:21, 14:17, 15:1 Iprices [1J _30:4

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quite [lJ _23:10 regulatory [lJ - 9:22 ! rule (4J - 11 :8, 11 :11, 11 :12,

related (lJ - 15:14 j 12:9

relat~On[1J - 9:23 I Rule[5J - 9:13,11:1,11:12,

relatlVe(1J -15:11 , 12:7,12:10

release[1J -19:20 I ruled [1[ - 7:4

rel~ased [2J - 19:13, 19:18 run (lJ - 29:17

rehanCe[1J - 36:23 , rUnS[lJ - 30:18

remain [2J - 14:6, 24:6 I

remains [lJ - 25:19 '-----"-'8'--

remand [2J - 10:23, 11:1 ~_._..-_.-.- remanded (lJ - 12:7 !

remind [1) _14:22 safety[l)- 9:16

replacement(4J _11 :7, saving (lJ - 36:11

I

11 :11, 11 :23, 12:9 scenario [1J - 23:9

replacing [lJ _17:4 scheduled (1J - 19:20

report[lJ- 6:2 Scott[6]-1:12, 2:2, 3:15,

Reporter[lJ _41:3 35:4,35:18,40:2

REPORTING [1J _1:21 second (3]- 6:9,19:3,33:14

represented (1]- 5:2 secure [3J - 22:8,22:9,24:4

i represents [lJ - 13:2 secured [1] - 39:11

i request [3J _5:23, 10:11 see [2[ - 28:19, 37:19

10:17 'separate(1J -12:14

Request[1J _6:9 set[5J - 6:19,20:13,20:14,

requestS[2J _5:3,11:16 20:18,25:17

require [2J _14:12, 23:19 several [1J - 9:19

requiredI8]-10:1,12:14 Shape(lJ-20:14

26:15, 31 :22, 32:15, 34;4, sharing (1] - 36:22

34:16,39:16 Shelby[2J -1:14, 41:4

i requirements [9J - 8:10, Shelbyville (1J - 41:4

8:22,9:22,21:23,27:2 shore [1) - 30:15

34:7,38:21,39:5,39:14 Shore[2J - 36:23, 37:7

requires [1]- 23:16 shown (lJ - 4:14

residing (1J _41:3 shut [1]- 30:14

resources (1]- 37:6 sic [1]- 32:18

respond (1]- 19:4 sign (1J - 4:15

respOnSe[3J -14:9,14:12, significant[4J - 21:21,22:5,

40:13 31:16,34:9

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8:16 simply(l]- 27:6

rest (1)- 37:9 I single [1]- 40:7

result[4]- 6:5,9:19,22:12 i sites[3J -18:12,18:13

38:11 '18:14 .

resulted (2]- 7:2, 39:18 situations (lJ - 19:22

results [1]- 9:17 six [3) - 9:3, 19:10

reverse [1] _14:13 slate [3] - 19:3, 38:15, 39:22

review [2J - 10:17, 22:3 small [2J - 30:19, 32:2

reviewed [1)- 19:10 smells (1) - 27:19

reviewing [1)- 19:15 solely (2J - 7:7, 14:23

reviews [1J _19:6 sometimeS[lJ - 19:12

revise (1J _14:6 soon (2J - 12:10, 26:5

revoked [lJ _39:10 soot (1J - 31 :13

Rico(1)-17:22 sorry(1)-21:9

ride [lJ _36:22 sort [1]- 22:12

riding (1J - 36:23 source [2]- 14:14,22:3

road (2J _9:21,29:14 sources [4J - 22:8, 29:3, Iroadside [1] - 33:21 29:8, 34:22 ,

.-L___ L th [2) - 36:23,37:7 i _________________ .J

proceed (4) - 7:5, 11 :5,

11:15,25:6

proceeding [1)- 5:10

PROCEEDINGS [lJ • 1:9

, proceedings (3)- 40:16,

i 40:21,41:6

: process (2J - 17:7, 19:14

: program [16J - 11 :8, 22:2,

i 22:6,24:6, 24:11 25'2

25:3,25:7,25:19: 28;23, Railroad[lJ - 37:7

29:23,30:22,31:4,33:15 ran(lJ - 39:7

34:8,34:15 'range[1]- 20:12

programs [3) _9:20, 24:3, rapid [1) - 30:3

24:5 rate[1)-36:14

Programs [lJ _3:17 rates [1) - 23:11

prohibit [1) _25:5 read [2] - 27:4, 40:3

project(7J -16:11,16:15 real (1)- 30:10

17:2,17:3,17:8,22:21.' really [5) -18:22,25:18

23:1 30:2,33:18,39:3'

projected [2J - 9:13, 14:3 Really (1] - 34:21

projects [1]- 9:14 reason [2J - 14:11,28:22

properly (2] - 4:23, 16:3 reasons [lJ - 35:18

proposed(2)- 9:12,11:10 receive[3J - 5:7, 22:18,

Protection [11J - 6:18,7:18, 28:12

8:11,8:20,9:8,9:12, received (lJ - 6:3

11:14,12:3,12:17,16:14, recent[2)-12:21,39:8

23:21 reclassified [2]- 18:19,

protective[1)-19:8 23:15

provide (2) - 4:6,30:12 recognize [lJ - 35:11

provided (1)- 3:22 recognized [1]- 35:17

providing[2J - 9:15,16:2 recommending [lJ - 6:4

provisions [1J - 3:12 record [9J - 4:14, 4:23, 5:1,

PUBLIC [1)- 1:4 5:10,6:7,15:4, 15:8, 16:3,

public[13]- 3:4, 3:12, 3:19 21:17

4:5,5:16,5:22,6:1,6:8, ' redesignate (1J - 10:12

14:21,15:10,19:8,36:22, redesignated [2J - 13:5,

40:19 39:20

Public [4)- 1:13, 1:15,41 :3, Redesignation [7]- 3:5, 4:8,

41:12 6:9,13:8,13:13,14:17,

publication (lJ - 3:23 15:1

PuertO[lJ -17:22 REDESIGNATION [1]-1:5

pull [lJ - 29:15 redesignation [6J - 10:17,

purpose (lJ _4:5 11 :16, 14:7, 35:8, 35:23,

purposes(2]-14:15,33:4 39:10

put (3J _9:22, 22:10, 38:18 reduction [2J - 31 :8,37:4

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10:13,12:8,12:22,12:23, I regard[5)- 22:13, 24:19,

13.10,14.3,14.11,14:18, I 27:23 33'12 38'20

16'18 16' . . ' ,.,. : ' :21, 17.8, 18.10, i regarding (3) - 3:12, 4:8,

18.11,18.15,19:1,19:2, J 14:16

19:4,19:13,22:14,24:13, REGARDING! - 1'4

25'4 28'1 28'17 29' 1] . . , ., . ,.7, Region[l)- 8'21

31:17 .'35:14,.,.,36'15 36'20 . . region [2] - 12:9, 29:7

37.2,39:1,39:23 IR' I

Quality (10J _3:6 3'20 4'10 I' eglona [3)- 9:7,13:22, , . , '. 33:9

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Southern [1) - 17:3 I submittals (1) - 3:14 I tightened (2) - 24:20,28:2 I

Span [lJ - 36:6 I submitted [2J - 5:17,10:16 tighter[lJ - 38:16 I

SPEAKERS [lJ - 2:5 I' submitting [1)- 11 :21 today [4J .. 16:19, 28:8, 28:9, I valid [lJ .. 12:6

speaking [lJ .. 4:17 substantial(1)- 9:20 29:6 I valuable [1]- 33:18

specific [2J" 22:23,39:6 Isuccessful [1) .. 18:18 together[lJ - 12:13 I value [2J - 12:21, 13:2

specificallY[5J - 3:10,6:14, ! sudden [lJ - 18:4 Itonight [1J - 31:18 I values [1J - 9:3

8:20, 13:19,23:20 I sUfficiently[lJ - 19:8 topic [lJ - 15:11 various [2) - 8:21,39:5

! staff[l)- 16:13 ISulfur[2J - 26:21,26:22 tougher[1J - 18:7 vehicle [12J - 24:6, 30:4,

standard [47J - 7:3,7:8,9:2, I sulfur[5J - 13:20,13:23, traffic[l)- 32:2 30:5,31:15,32:23,33:5,

9:4,9:15,10:14,10:21, I 19:19,26:10 transcribed[1J _41:8 33:15,34:2,34:3,34:15,

11 :4, 13:6, 13:15, 15:2, Isummarizing [1J - 6:3 transcript [4J - 5:20, 5:21, I 36:16, 36:19

15:23,18:11,18:17,19:9, Summer[1J - 3f>:5 5:22,41:6 I vehicles[5J - 31:7,31:10,

19:15,20:12,20:13,20:17, ! summer[lJ - 11 :13 Transport[2J - 9:13, 11 :12 ! 33:6,33:20,34:13

20:18,20:20,20:22,25:4, i support [3)- -23:2,35:7, i transportation [6J _14:15, ! verifies [1) - 10:6

25:6,25:7,25:8,25:12, i 35:23 ! 33:3,36:9,36:10,36:22, ! viewed [lJ - 12:3

25:17,26:10,26:13,26:15, I Supreme [1J - 7:4 J 37:6 ! violation [lJ - 20:1

26:18,27:1,28:8,28:9, I suspect[lJ - .17:7 travel [3J - 33:8,.33:13,.36:14 I voluntary[lJ - 29:23

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39:15,39:16,39:20,39:23 , T Tribune(3)-4:3, 21:6, 21:8 ~---...--.--... - ....-._-

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standards [26J _6:20, 7:1, ! table [1)- 4:13 [ trouble [1J - 21 :18 i Wednesday [2J - 1:16, 41:7 i ItruCk[2J-29'1530'15:

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17:17,18:7,19:2,19:5, I TAYLOR[27J-21:1,21:5, tr~~.~~[3J-29:4,29:13, I WiSe[lJ-31:1

19:6,19:13,20:1,24:20, 21:9,2.1:11,21:15,21:18, t' 41'5 II wish[2]- 5:7,11:5

22'1523' " rUe[lJ-. WITH 1 -1'5 26:6, 26:9, 27:21, 28:1, , ., .12, 24,8, 24.15, t in 1 _29'6 [ J .

28:7,28:17,39:2 i 24:22,25:9,26:19,26:22, Z g [ \9 l' 2 4 2 ! word [1J - 40:7

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I 10'23 11'7 11'17 12'1 I throughout (3) -7:19,13:16, ! .,.,',., I '_.-._.. ---- - -~~-- ---~----- ~- . -------_._-
Lake and Porter Counties, Indiana Redesignation Request and Maintenance

Plan in Association with the Annual Fine Particle (PM2.5) Standard

Summary/Response to Comments Received at the Public Hearing

On May 18,2011, the Indiana Department ofEnvironmental Management (IDEM) conducted a

public hearing in Highland, Indiana concerning the draft Redesignation Request and

Maintenance Plan for Lake and Porter counties, Indiana. No substantive comments pertaining to

the redesignation petition and maintenance plan were received at the public he£!ring.

Summary/Response to Comments Received During the Comment Period

IDEM requested public comment on the draft Redesignation Request and Maintenance Plan for

Lake and Porter counties, Indiana from April 8, 2011 to May 20,2011. IDEM received

comments from the following parties:

Legend

•

o

Comment

Response

Constantine J. Dillon, Superintendent, National Park Service (CD)

•

o

The National Park Service is pleased that IDEM has conducted intensive data collection from

Lake and Porter counties, Indiana and are encouraged that the data indicates that these

counties have attained the annual standard for fine particles. However, we urge caution in

redesignating Lake and Porter counties to attainment and ask that the close proximity oftwo

large coal-fired power plants to the Indiana Dunes National Lakeshore, a federally designated

Class II Air Quality site, be taken into consideration. (CD)

Lake and Porter counties·are solely designated nonattainment under the 1997 annual National

Ambient Air Quality Standard (NAAQS) for fine particles. NAAQS are set by the United

States Environmental Protection Agency (U.S. EPA) at levels determined to be protective of

public health and the environment. In 2006, the U.S. EPA determined that the current annual

NAAQS for fine particles are sufficiently protective ofpublic health and the environment.

Lake and Porter counties have measured air quality that meets the annual NAAQS for fine

particles for six consecutive years and are thereby eligible for redesignation under the Clean

Air Act (Section 107(d)(3)).

1
•

o

Both NOxand S02 emissions from coal-fired power plants are decreasing substantially in

Lake and Porter counties, Indiana, as well as throughout the region in response to national

programs affecting all ofthese types offacilities, such as the Acid Rain program and the NOx

SIP Call. Lake and Porter counties are also subject to the most stringent group of emission

controls in the state. This collection of permanent and enforceable controls is as stringent or

more stringent than those that apply elsewhere within the nonattainment area. Ifemissions

start increasing after the area isredesignated, or monitored violations occur, as part ofthe

maintenance plan, IDEM commits to taking swift action in order to reverse the trend and take

whatever action is necessary to ensure that air quality is reattained as expeditiously as

possible.

The National Park Service does not support any reduction in monitoring requirements for the

region and remains skeptical offuture decreases in local emissions based on existing and

future emission controls. (CD)

If Lake and Porter counties are redesignated to attainment and classified to maintenance

under the annual NAAQS for fine particles, IDEM is committed to assuring that air quality is

maintained. The Clean Air Act requires areas with maintenance plans to ensure that no

backsliding occurs with regard to measured air quality. Precursor emissions that contribute

to fine particle concentrations cannot increase over time.

IDEM is committed to continue operating an appropriate monitoring network in Lake and

Porter counties to verify that the area is in compliance (maintenance) with the standard.

IDEM will consult with U.S. EPA Region V staff prior to making any changes to the existing

Indiana monitoring network through the annual network review should any changes become

necessary in the future.

The redesignation petition and maintenance plan addresses future year modeling with

national, regional, and local emission control strategies already in place and strategies to be

implemented in the next few years. Air quality is projected to improve over the nextten

years and the area is expected to continue to attain the current annual NAAQS for fine

particles. Indiana has performed an analysis that shows that the improvements in air quality

are due to permanent and enforceable measures and that additional significant regional

reductions in nitrogen oxides (NOx) and sulfur dioxide (S02) following implementation of

the Phase II NOxSIP Call and the Clean Air Interstate Rule or its replacement rule, will

ensure continued compliance (maintenance) with the standard. Furthermore, emission

projections indicate that NOxand S02 emissions will continue to decline, ensuring that the

area will continueto comply with the standard and provide for an increased margin ofsafety.

2
OFFICIAL ELECTRONIC CORRESPONDENCE

No Hard Copy to Follow

NATIONAL PARK SERVICE

Indiana Dunes National Lakeshore

1100 N. Mineral Springs Road

Porter, Indiana 46304-1299

May 20,2011

N3615(INDU)

Mr. Rob Elstro, Information Specialist

Indiana Department of Environmental Management

Programs Branch, Office of Air Quality

Mail code 61-50 SD IGCN 1001

100 North Senate Avenue

Indianapolis, Indiana 46204-2251

ATTN: Northwest Indiana Area Fine Particle (PM2.5) Redesignation Petition and

Maintenance

Plan

Dear Mr. Elstro:

We are providing comment on the Indiana Department ofEnvironmental Management's (IDEM)

petition to change air quality designations for Lake and Porter counties. The petition presents

locally derived data that IDEM believes demonstrates compliance with the annual federal

standards for fine particulate pollutants. It requests redesignation of Lake and Porter counties

from nonattainment areas to attainment areas.

These comments have been prepared under the authority ofthe National Park Service (NPS)

Organic Act of 1916 (16 U.S.C. 1,2,3, and 4), the Federal Water Pollution Control Act or Clean

Water Act (32 U.S.C. §§ 1251-1387), the Park System Resource Protection Act (16 U.S.C. §

19jj) and are consistent with the intent ofthe National Environmental Policy Act of 1969.

Indiana Dunes National Lakeshore, a unit of the National Park System, is designated a Class II

Air Quality site as defined by the Clean Air Act. The State of Indiana may permit a moderate

amount of new air pollution (sulfur dioxide, particulate matter, and nitrogen oxides) as long as

neither national ambient air quality standards nor the maximum allowable increases .

(increments) over established baseline concentrations are exceeded. The national lakeshore is

part of a larger geographic area including Chicago and several nearby Illinois counties with

several large sources of contaminants including multiple coal fire power plants. In 2005 the

United States Environmental Protection Agency (EPA) designated this region as a

nonattainment area for fine particulate pollutants.

We are pleased that IDEM has conducted intensive data collection from Lake and Porter counties

and are encouraged by their assertion that these data indicate attainment with current standards.

However we urge caution by EPA in granting attainment status and ask that the close proximity

oftwo large coal fire power plants to the national lakeshore be taken into consideration. We do

not support any reduction in monitoring requirements for the region and remain skeptical of

future decreases in local emissions based on existing and future emission controls.
We appreciate your consideration of our comments. If you have any questions please contact

Environmental Protection Specialist Charlie Morris at 219-395-1583 or

charles_morris@nps.gov.

Sincerely,

/~L/)~

Constantine J. Dillon

Superintendent

2
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR QUALITY

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