# APPENDIXK Public Participation Process DocumentsThis page leftintentionallyblank.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 givenunder40 CFR 51.102 that the IndianaDepartmentof Environmental Management (IDEM) will hold apublic hearing onMay 18, 2011. The purpose ofthis hearingis to receivepublic commentonthe DraftRedesignationPetition and MaintenancePlan in association withthe Annual FineParticle (PM2.s) Standard, for Lake and Portercounties, Indiana. Themeeting will convene at 5:30 p.m. (local time) in the large meeting room ofthe Lake CountyPublic Library-Highland Branch, located at 2841 Jewett Street, Highland, Indiana. All interestedpersons are invited and willbe given opportunityto express theirviews concerning the draft documents. Lake and Portercounties, Indianaare partofthe Chicago-Gary-Lake IL-IN NonattainmentArea for FineParticles. This areawas designated as nonattainmentforthe annual standard forfine particles and subjectto therequirements ofSection 172 ofthe CleanAirAct (CAA). One ofthe compliancerequirements mandatedby Section 172(c) ofthe CAA, is the developmentofaplandemonstratingthatthe areawill continueto meetthe annual standa.rd for fine particles. This RedesignationPetition and Maintenance Plan is beingdrafted and submitted consistentwithUnited States Environmental ProtectionAgency (U.S. EPA) guidance. Copies ofthe draft documents willbe available on orbeforeApril 15, 2011 to any personuponrequest and atthe following locations:

• IndianaDepartment ofEnvironmental Management, Office ofAir Quality, Indiana Government CenterNorth, 100North Senate, RoomNl003, Indianapolis, Indiana.

• IndianaDepartmentofEnvironmental Management, NorthwestRegional Office, 8380 Louisiana Street, Merrillville, Indiana.

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

• Lake CountyPublic Library-Highland Branch, located at 2841 Jewett Street, Highland Indiana

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

• GaryPublic Library, 220 West 5th Avenue, Gary, Indiana.

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

• WhitingPublic Library, 1735'Oliver Street, Whiting, Indiana.The draftdocuments will also be available on the following web page: http://www.in.gov/idern/4658.htm Oral statements will beheard, but for the accuracy oftherecord, statements shouldbe submitted inwriting. Written statements maybesubmittedto the attendant designatedto receive written comments atthepublichearing. IDEM will also acceptwritten comments through May 20,2011. Mailed comments shouldbe addressedto: 

### Lake and PorterCounties, IndianaFine Particle (PMz:s) Redesignation Petition and Maintenance Plan ScottDeloney, Chief AirPrograms Branch IndianaDepartmentofEnvironmental Management Office ofAir-Quality
- Mail Code. 61-50 100 North SenateAvenue Indianapolis, IN46206-2251 A transcript ofthehearing and all written'submissions provided atthepublic hearing shall be opento public inspection at IDEM and copies maybemade available to anypersonuponpaymentofreproduction costs. Anypersonheard orrepresented atthe hearing orrequesting notice shallbe given written notice ofactioJ;ls resulting from the hearing. For additional information contactMr. Gale Ferris, atthe IndianaDepartmentof Environmental Management, AirPrograms Branch, Office ofAir Quality, Room 1001, IndianaGovernment CenterNorth, 100North SenateAvenue, Indianapolis orcall (317) 234-3653 or (800) 451-6027 ext. 4-3653 (in Indiana).


### ************************************************************************ Individuals requiring reasonable accommodationsforparticipation in this hearing shouldcontacttheIDEMAmericans withDisabilitiesAct(ADA) coordinatorat: Attn: ADA Coordinator IndianaDepartmentofEnvironmental Management
- MailCode50-10 100North SenateAvenue Indianapolis, IN 46204-2251 Orcall (317) 233-1785 (voice) or (317) 232-6565 (TDD). Pleaseprovide a minimum of 72 hours notification.

# Public Hearing Script Lake and Porter Counties, Indiana DraftRedesignation and Maintenance Plan
This is a public hearing to accept comments concerning the draft Redesignation and Maintenance Plan underthe annual·National Ambient Air Quality Standard (NAAQS) forfine particles forthe Indiana portion ofthe Chicago-Gary-Lake County, IL

### IN Nonattainment Area for Fine Particles; Lake and Porter counties, Indiana. This hearing is being heldto 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 Chiefof Indiana Department of Environmental Management's Air Programs Branch. I have been appointed to act as hearing officerforthis public hearing. Also, here with me from the Office ofAir Quality is Gale Ferris. Notice ofthe time and place ofthe 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, IndianaThe purpose ofthis public hearing is to provide interested persons an opportunity to offercomments to the state regarding the draft Redesignation and Maintenance Plan underthe annual NMQS fortine particles for Lake and Porter counties,lndiana. Appearance cards have been distributed inthe hearing room for all those desiring to be shown appearing on record in this cause. Ifyou have not alreadyfilled out the card, please do so and indicate ifyou are appearing for yourselfor on behalf ofa group or organization and identify such group ororganization. Also, note the capacity in which you appear, such as, attorney, officeror authorized spokesperson. Any person who is heard or represented at this hearing orwho requests notice may be given written notice ofthe final action taken on this SIP submittal. Please indicate on the appearance card ifyou 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 ofthis proceeding. Oral statements will be heard, but written statements may be handed to me or mailed to the Office ofAir Quality on or before close of business on May, 20, 2011. A written transcript ofthis hearing is being made. The transcript will be open for public inspection and a copy ofthe transcript will be made available to any person upon payment ofthe copying cost. Afterthe conclusion ofthis 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. 2I 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 underthe annual NAAQS forfine particles forthe Indiana portion ofthe ChicagoGary-Lake County, IL-IN Nonattainment Area for Fine Particles; Lake and

. Porter counties, Indiana. Finally, I would like to briefly go overthe contents ofthe draft documents. In 1997, the United States Environmental Protection Agency (U.S. EPA) set daily and annual ambient airquality standards forfine particles at 15.0 micrograms per cubic meteron an annual basis and at 65.0 micrograms per cubic meteron a 24-hour ordaily basis. Legal challenges to the new standards forfine particles resulted in delayed implementation ofthe standard until February 2001 , when the Supreme Court upheld the standards and ruled that U.S. EPA could proceed with implementation ofthe new standards. This submittal pertains solely to the 1997 annual standard forfine 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 forfine particles in 1999. U.S. EPA originally designated counties underthe fine particle standards based on 2001 through 2003 monitoring data in December2004. 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.

3The Chicago-Gary-Lake County, IL-IN NonattainmentArea for Fine Particles consists of Lake and Portercounties, Indiana, and Cook, DuPage, Kane, Lake, McHenry, and Will counties, and portions of Grundy (AuxSable 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 ofGrundy (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 nowwell belowthe standard. Furthermore, photochemicql modeling conducted bythe State of Indiana, the Midwest Regional Planning Organization, and U.S. EPA demonstrates that beginning in 2011, Lake and Porter counties, Indiana will benefit greatlyfrom the implementation of U.S. EPA's proposed Clean AirTransport Rule, with projected design values well belowthe standard and providing for an ample margin of safety. These modeling results are 4considered to be conservative, as they do not include emission reductions that will occuras a result of several federal control programs including substantial off-road diesel fuel and engine reductions. To meetthe 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 laterthan April 5th of2008. In lieu of an attainment SIP that verifies to U.S. EPAthat the area is "on target" to meet the annual NAAQS forfine 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 of2020. U.S. EPA has not been able to act on the 2008 redesignation SIP due to a federal court's remand ofthe 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 AirTransport Rule. This rule will be finalized this summer and atthat time, U.S. EPA will be able to proceed with approving redesignations. As forthe 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 of2025 as a direct replacement to the submittal from April of2008.

5It is important to note that U.S. EPA viewed IDEM's 

### 2008 submittal forthe Lake and Portercounties to be valid until such time that CAIR was remanded. Since that time, air quality has improved even furtherwithin the region and a replacement rule for CAIR will soon be in place. Although Indiana and Illinois have worked togetheron a comprehensive plan for multi-state areas, each state is required to make aseparate submittal for its portion of the planning components to U.S. EPA. As such, this submittal only covers Indiana's portion ofthe nonattainment area; Lake and Porter counties, Indiana. The highest most recent design value forthe area, based on 

### 2008 through 

### 2010 quality assured ambient air quality monitoring data is 

### 12.7 micrograms percubic meter. This design value represents fine particle concentrations that are belowthe NMQS, thus the area is eligible to be redesignated to attainment underthe annual standard for fine particles and classified as maintenance. IDEM has prepared the draft Redesignation and Maintenance Plan underthe annual NMOS forfine particles forthe Indiana portion ofthe Chicago-Gary-Lake County, IL-IN NonattainmentArea 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 sulfurdioxide (S02)' Furthermore, the draft maintenance plan outlines the follOWing:

6• Regional precursor emissions of NOxand S02will continue to decline in the future.
• Due to existing and future emissioncontrols, the area's air quality is not projected to worsen, and should further improve overtime. • 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 ifan action level response is triggered. o An action level response is triggered by a violation ofthe standard (a three year average annual arithmetic mean value of 15.1 1J9/m3 orgreater) occurs. • A mobile source budget fortransportation conformity purposes. This concludes my comments regarding the draft Redesignation and Maintenance Plan underthe annual NAAQS forfine particles forthe Indiana portion of the Chicago-Gary-Lake County, IL-IN NonattainmentArea for Fine Particles. Before opening this hearing for public comments, may I once again remind you that his hearing pertains solelyto this draft Redesignation and Maintenance Plan in association with the annual NAAQS forfine particles for Indiana's portion ofthe Chicago-Gary-Lake County, IL-IN Nonattainment Area for Fine Particles, and only comments pertaining to this matterwill be considered as part ofthe 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.

7This hearing is now open for public comment. Are there any public comments? In the absence of anyfurther comments, these proceedings are hereby concluded. This hearing is adjourned.

8Prescribed by Slate Board ofAccounts t 

# \ \ General Form No. 99P (Rev. 2009AI ACCOUNT# 100174737 INDIANA DEPTOF 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, neitherofwhich shall total more than four solid lines ofthe type in which the body ofthe advertisement is s'et) -- number of equivalent lines Head - numberof lines

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# _ Additional charges for notices containing rule ortabularwork (50 percent of above amount)**._~** _ Charge for extra proofs ofpublication ($1.00 for each proof in excess oftwo)

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Additionally, the statement checked belowIS trwe and correct:

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# RECE 

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Porter County, Indiana 1111 Glendale Blvd., Valparaiso, IN 46383 PUBLISHER'S ClAIM

COMPI,J.TATION OF**~HARGES** 

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_ I have examined the within claim and herebycertify as follows: That it is in properform. That it Is duly authenticated as required by law. That It Is based upon statutoryauthority. 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 businessTHE TIMES MEDIACOMPANY, 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 atth.e hearing or req , nolice shall be given writte

. ofactionsresuiting from .the hear-:'d ing. - For additional Information' Mr. Gale Ferris. atthe 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'

IndiVidualsrequiringreasonabfeae-.T

.commodalions for'**participa~'on** .... ,/0' this hearing should contaql**tIi~{** IDEM, Americans with**Disabillt~sl** Act(ADA)coordinatOrat "., "'f. Attn: ADA Coordinator' .. '.. '. Indiana Departmentof**Environrn~";,** tal tv1anagement**~,Mall** COde 5.. ,;

"100NorthSenate'A ... , Indianapolis,lN 482

### ~17)**C;;~~~~~/~:** pro- .od videaminimumof72hours**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 attendantdeslg·>" nated to receive written comments. alth.e public hearing.. .. -:

IDEM will also acceptwritten 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 Departmentof Environmental Manallement, Office of AirQuality-

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**---~----" ---~**  LEGAL**N~ PIIB,I,~#};t**  Redesignation Petition**~nd',"** Maintenance I>lan ....•.>.;;/ ,,! In Association with the'Aniniah'; \ Fine Particle (PM2.5)**.Sl;lndil~~it;Z** :**L~keand** Portercounties.**Indl<ir~t**

Notice is hereby given under4di: CFR 51.102thatthe 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.menton 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 givenoppo . jo:'

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

.draftdocuments. ' .. ····.'/'.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** forfine 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 thatthe area tinue to meet the arinual

·forfine Particles. This tion Petition andMai

·is being drafted and. sistentwith 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,thefollowing·lo

- Indiana Department mental Managemerit. Quality. Indiana G()vemmen North. 100 North**Sen~ie;** N1003, Indianapolis. Indiana.

- Indiana Departmentof 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•...PrescribedbyStateBoardofAccounts 80315-5797687 GeneralFonnNo. 99P (Rev. 2009A)



### APR 19 2011 

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hasbeenpaid. . I also certifythattheprintedmatterattachedhereto is atruecopy, ofthe samecolumnwidth andtype size, whichwas dulypublishedinsaidpaper 1 times. The dates ofpublicationbeingbetweenthe dates of: 04/1512011 and04/1512011 Additionally, the statementcheckedbelow is true andcorrect: .-Newspaperdoes nothave aWeb site. _/_N Newspaperhas a Web site andthis publicnoticewas postedonthe same day as itwaspublishedin the newspaper

_ Newspaperhas a Web site, butdueto atechnicalproblemorerror, public notice was posted on

_

_ Newspaperhas a Web sitebutrefuses to postthepublicnotice. .

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

Lakeand Portei'eqUntle$,llid!:ana Rile Partide(PM2.5) RedesignatfonPetJtlj>n and Mall\tenanc:ePIaI1 . <.:.: Scott DeloneY, Chief '. ,,:.:c' .... Air Programs Bra.nch· ..:.,. ;.;, Indiana Departmentof 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 noticeslfall lie given' writ" ten notice ofactIons**~ult,"g** f.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!} shauldcant act the 10EM'Americanswith Dis- abilitiesAct(A04) caardiT!atQrat: 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 af72 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'~** lIraftdocuments, , 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 ofAirQuality, Indiana

Gov",rnmentCenter North, 100 North Senate. RC)om N1003, IndianapoliS; Inlliilna.: Department of Environmental . •**Tsr~a Ns~~I:;~e~~~~H~~~:!~m.i:ia.'**  o.Crown I'!oint. community Ubrafy, 214 South

CourtStreet, Crown,Point, indIana. , , ol'lke'Courjty PubliC. Libra<y-HighlaM

· Branch, located'at-284!'Jewett Street, .

Highlanllindiana . '., ,**~.** Valp;:u:aiso Public UbrillY, 103Jefferson .

. Street,'Valparai$o; IndiMa.· '"", ,
·•. Q'll'Y.P!Jlili.c lIbrary,220 "",est5th.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~ed** t.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: The4 

### 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 your5
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-Indiana8 

### 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 National10
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 of1 

### 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'is1 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 sulfur14
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? Uh-huh. THE HEARING OFFICER: 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 22 231 

### 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 Alaska and Hawaii and Puerto Rico. 22 23 

### MR. GIL: One more question: We were18
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 here19
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 Northwest20
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. I'm Mark Taylor, MR. 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 No trouble. 18 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 requirements22

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. What that means is, is that it is easier 7 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? THE HEARING OFFICER: 17 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. Sulfur dioxide. 21 22 23 THE HEARING OFFICER: MR. TAYLOR: THE HEARING OFFICER: Yes. In27

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 going28


### 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 Management1 

### 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 traveled33
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 what34 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? THE HEARING OFFICER: It's less than 19 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 (Nodded yes.) 1 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, riding37


### 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 with 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 new39 

### 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 good40
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.

# ~t~, Lindy 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 2001 (2)- 7:3,7:16 ; 2003 [lJ - 7:16 ! 2004[2J - 7:17,18:14

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### I HEARING [53J - 1:4, 2:2, 3:3, Draft[1J - 6:9 

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### I 31:: 26:2,26:5,27:9,27:12, !I hours [2]- 30:6, 30:20
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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

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### Lake and Porter Counties, Indiana Redesignation Request and Maintenance Planin Association with the Annual Fine Particle (PM2.5) Standard Summary/Response to Comments Received atthe Public Hearing OnMay 18,2011, the IndianaDepartmentofEnvironmental Management (IDEM) conducted a public hearingin Highland, Indiana concerningthe draft Redesignation Request and MaintenancePlan for Lake and Portercounties, Indiana. No substantive comments pertainingto theredesignationpetition andmaintenanceplanwerereceived at thepublic he£!ring. 

### Summary/Response to Comments Received During the CommentPeriod IDEM requestedpublic comment onthe draft Redesignation Request and Maintenance Plan for Lake and Portercounties, Indianafrom April 8, 2011 to May20,2011. IDEM received comments from the following parties: 

### Legend

•
o Comment Response 

### ConstantineJ. 

### Dillon, Superintendent, National ParkService (CD)

•

o TheNational Park Serviceis pleasedthat IDEM has conductedintensive datacollection from Lake and Portercounties, Indiana and are encouraged thatthe data indicates that these counties have attainedthe annual standard for fine particles. However, we urge caution in redesignating Lake andPortercounties to attainment and askthatthe close proximityoftwo large coal-firedpowerplants to the IndianaDunes National Lakeshore, a federally designated Class II Air Quality site, betakeninto consideration. (CD) Lake and Portercounties·are solelydesignatednonattainmentunderthe 1997 annual National Ambient Air Quality Standard (NAAQS) for fine particles. NAAQS are setbythe United States Environmental ProtectionAgency (U.S. EPA) at levels determinedto beprotective of publichealth andthe environment. In 2006, the U.S. EPA determined that the current annual NAAQS for fine particles are sufficientlyprotective ofpublic health andthe environment. Lake and Portercounties havemeasured airqualitythatmeets the annual NAAQS for fine particles for six consecutiveyears and are thereby eligible forredesignationunderthe Clean AirAct (Section 107(d)(3)).

1

### •

o BothNOxand S02 emissions from coal-firedpowerplants are decreasing substantiallyin Lake and Portercounties, Indiana, as well as throughoutthe region inresponse to national programs affecting all ofthese types offacilities, such as the Acid Rainprogram and theNOx SIP Call. Lake and Portercounties are also subjectto themost stringentgroup ofemission controls inthe state. This collectionofpermanent and enforceable controls is as stringentor more stringentthan those that apply elsewherewithinthe nonattainment area. Ifemissions startincreasing afterthe areaisredesignated, ormonitoredviolations occur, as partofthe maintenanceplan, IDEM commits totaking swiftactioninorderto reverse the trend andtake whateveractionis necessaryto ensurethat airqualityis reattained as expeditiously as possible. TheNational Park Servicedoes not support anyreduction inmonitoringrequirements forthe region and remains skeptical offuture decreases inlocal emissions based on existing and future emission controls. (CD) IfLake and Portercounties are redesignatedto attainment and classifiedto maintenance underthe annual NAAQS for fine particles, IDEM is committedto assuringthat airquality is maintained. The CleanAirActrequires areas withmaintenanceplans to ensurethatno backsliding occurs withregardto measured airquality. Precursoremissions thatcontribute to fine particle concentrations cannotincrease overtime. IDEM is committedto continue operating an appropriatemonitoring networkin Lake and Portercounties to verifythat the areais in compliance (maintenance) withthe standard. IDEM will consultwithU.S. EPA Region V staffpriorto making any changes to theexisting Indianamonitoringnetworkthrough the annual networkreview should any changes become necessaryinthe future. Theredesignationpetition andmaintenanceplan addresses future yearmodeling with national, regional, and local emission control strategies already inplace and strategies to be implementedinthe next few years. Airqualityis projectedto improve overthe nextten years andthe areais expectedto continueto attainthe current annual NAAQS for fine particles. Indianahas performed an analysis that shows thatthe improvements in airquality are due topermanentand enforceablemeasures andthat additional significantregional reductions innitrogen oxides (NOx) and sulfurdioxide (S02) following implementationof the Phase II NOxSIP Call andthe Clean Air InterstateRule orits replacementrule, will ensure continued compliance (maintenance) withthe standard. Furthermore, emission projections indicatethatNOxand S02 emissions will continueto decline, ensuringthatthe areawill continueto complywiththe standard andprovide for anincreased margin ofsafety.

2OFFICIAL 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 ofEnvironmental Management Programs Branch, Office ofAir 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 DearMr. Elstro: We areprovidingcommentonthe IndianaDepartmentofEnvironmental Management's (IDEM) petitionto change airqualitydesignations for Lake and Portercounties. Thepetitionpresents locallyderived datathat IDEMbelieves demonstrates compliancewith the annual federal standards for fine particulatepollutants. Itrequests redesignation ofLake and Portercounties from nonattainment areas to attainment areas. These comments havebeenpreparedunderthe authorityoftheNational Park Service (NPS) Organic Act of1916 (16 U.S.C. 1,2,3, and 4), the Federal WaterPollution Control ActorClean WaterAct (32 U.S.C. §§ 1251-1387), the Park System Resource ProtectionAct (16 U.S.C. § 19jj) and are consistentwith theintentoftheNational Environmental PolicyActof1969. Indiana Dunes National Lakeshore, a unit ofthe National Park System, is designated a Class II Air Quality site as defined by the Clean Air Act. The State ofIndiana may permit a moderate amount ofnew 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 ofa larger geographic area including Chicago and several nearby Illinois counties with several large sources ofcontaminants including multiple coal fire powerplants. In 2005 the United States Environmental Protection Agency (EPA) designated this region as a nonattainment area for fine particulate pollutants. We arepleasedthat IDEMhas conductedintensive data collection from Lake and Portercounties and are encouragedbytheirassertionthatthese dataindicate attainmentwith current standards. Howeverweurge cautionbyEPAin granting attainment status and askthatthe closeproximity oftwo large coal fire powerplants to the national lakeshorebetakeninto consideration. We do not support anyreduction inmonitoringrequirements fortheregion andremain skeptical of future decreases in local emissions based onexisting and future emission controls.We appreciate yourconsiderationofourcomments. Ifyouhave any questions pleasecontact Environmental Protection SpecialistCharlieMorris at219-395-1583 or charles

_morris@nps.gov. Sincerely,

## /~L/)~ Constantine 

### J. Dillon Superintendent 2

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