INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment .

Michael R. Pence Go vernor

Susan Hedman Regional Administrator U.S. EPA, Region 5 77 West Jackson Boulevard Chicago, Illinois 60604

Dear Ms. Hedman: 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 • www. idem

. IN.gov

June 1, 2015 Thomas W

. Easterly Commi ssioner

Re: State Implementation Plan Submittal for Indiana Regarding 326 lAC 7-4.1-21, Walsh and Kelly (LSA #14-256)

Pursuant to Section 110 ofthe Clean Air Act and Title 13 ofthe Indiana Code, the Indiana Depatiment ofEnvironmental Management (IDEM) submits an amendment to the Indiana state implementation plan (SIP). This amendment consists ofrevisions to 326 lAC 7

- 4.1-21 accomplished through one rulemaking. IDEM requests that the United States Environmental Protection Agency (U.S. EPA) approve 326 lAC 7-4.1-21. This rulemaking amends the requirements for Walsh and Kelly to refer to a new aggregate dryer at 326 lAC 7-4.1-21. The sulfur dioxide limits for the new unit are the same as the limits that were required for the replacement unit. As the limits are not increasing an air quality modeling analysis is not included as supporting documentation. This submittal consists ofone (1) hard copy ofthe required documentation. An electronic version ofthe submittal in PDF format that is identical to the hard copy has been sent to Chris Panos at the U.S. EPA Region 5 office. In order to assist with your review ofthis state implementation plan submission, a list ofsuppmiing documents is attached. Throughout the development ofthis amendment to existing rule 326 lAC 7-4

. 1-21, staff ofthe Office ofAir Quality worked closely with your staffto ensure that any potential problems that might exist with this requested state implementation plan revision would be resolved. I request that U.S. EPA approve this modification oflndiana's SIP. Ifyou have any questions

An Equal Opportunity Employer 

# 0 @ Recycl ed Paper A State thatWorks 

# -Ms. Susan Hedman Page Two

regarding this submittal, please contact Christine Pedersen, Rule Development Section Chief, Office ofLegal Counsel at (317) 233-5684.

KB/sb Attachments: Supporting Documents Sincerely,

# ~B~ Keith Baugues Assistant Commissioner Office ofAir Quality

cc: John Mooney, U.S. EPA Region V (no enclosures) Pamela Blakley, U.S. EPA Region V (no enclosures) Doug Aburano, U.S. EPA Region V (no enclosures) Steve Rosenthal, U.S. EPA Region V (no enclosures) Christine Pedersen, IDEM (no enclosures) SIP fileSupporting Documents

Attachment A: Administrative Checklist (40 CFR 51, Appendix V) Attachment B: Final Rule. LSA Document #14-256(F) as posted in the Indiana Register on May 27, 2015 (DIN: 20150527-IR-326140256FRA) Attachment C: Signature Page Attachment D: Second Notice ofPublic Comment Period, including the Notice ofPublic Hearing, as published in the Indiana Register on October 15,2014 (DIN: 20141015-IR-326140256FNA) Attachment E: Certificates ofWeb Publication Attachment F: Transcript ofFirst Public Hearing held on January 14, 2015 Attachment G: Proposed Rule, including the Notice ofPublic Hearing, as published in the Indiana Register on February 4, 2015 (DIN: 20150204-IR-326140256PRA) Attachment H: Transcript ofSecond Public Hearing held on March 11, 2015ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 1. The submittal is accompanied by a formal letter ofsubmittal Enclosed fi·om the governor or his designee. 2. Evidence that the State has adopted the plan in the State code Attachment C or body ofregulations; or issued the pe1mit, order, consent agreement ("document"); infinal form.

a. Date ofadoption or final issuance: March 11, 2015 b. The effective date ofthe plan, ifdifferent May 29, 2015 from the adoption/issuance date. 3. Evidence that the State has the necessary legal authority IC 13-14-8 under state law to adopt and implement the plan. 4. A copy ofthe actual regulation or document submitted for Attachment B approval and incorporation by reference into the plan, including the following:

a. Indication ofthe changes made to the existing approved plan, where applicable. b. The submittal shall be a copy ofthe official State regulation or document signed, stamped, dated by the appropriate state official indicating that it is fully enforceable by the State. Effective date shall be stated in the document itself. 5. Evidence that the State followed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan. Attachment C

6. Evidence that public notice was given, including date of Attachments D, E, and G proofofpublication. _x_Notice ofFirst Public Hearing and Ce1tificates ofWeb Publication _x_Notice ofSecond Public Hearing and Celiificates ofWeb Publication 7. Celiification that public hearings were held in accordance with information provided inpublic hearing notice. _x_ Transcript from First Public Hearing _x_ Transcript from Second Public Hearing 8. Compilation ofpublic comments and State's response. x Second Notice _x_ Proposed Rule Third Comment Period 9. Technical Suppoli Document (ifsource specific change). Attachments 

### F and H

Attachments D and G

NA (see letter)Indiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION Final Rule LSA Document #14-256(F) DIGEST Amends 326 lAC 7-4.1-21 concerning sulfur dioxide (SO2) emission limits for Walsh and Kelly located in Griffith, Indiana. Effective 30 days after filing with the Publisher. HISTORY First Notice of Comment Period: July 23, 2014, Indiana Register (DIN: 20140723-IR-326140256FNA). Second Notice of Comment Period: October 15, 2014, Indiana Register (DIN: 20141 015-IR-326140256SNA). Notice of First Hearing: October 15,2014, Indiana Register (DIN: 20141015-IR-326140256PHA). Date of First Hearing: January 14, 2015. Proposed Rule: February 4, 2015, Indiana Register (DIN: 20150204-IR-326140256PRA). Notice of Second Hearing: February 4, 2015, Indiana Register (DIN: 20150204-IR-326140256PHA). Date of Second Hearing: March 11, 2015. 3261AC 7-4.1-21 SECTION 1. 326 lAC 7-4.1-21 IS AMENDED TO READ AS FOLLOWS: 326 lAC 7-4.1-21 Walsh and Kelly sulfur dioxide emission limitations Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17 Sec. 21. (a) Walsh and Kelly, Source Identification Number 03215, shall comply with the sulfur dioxide emission limits for the aggregate dryer of less than: (1) twenty-five (25) tons per year; and (2) forty-two (42) pounds per hour. (b) The input of re-refined waste oil andre refined waste oil its calculated #2 fuel oil equivalents in the one hundred t\\•enty (120) fifteen (115) million British thermal units (MMBtu) per hour burner for the aggregate dryer shall be limited to less than seven hundred forty thousand seven hundred twenty-five (740,725) gallons per twelve (12) consecutive month period, rolled on a monthly basis, based on maximum sulfur content of forty-five hundredths percent (0.45%) for re-refined waste oil. (Air Pollution Control Division; 3261AC 7-4.1-21; filed May 25, 2005, 10:50 a.m.: 281R 2965; filedApr29, 2015, 3:30p.m.: 20150527-IR-326140256FRA)

LSA Document #14-256(F) Proposed Rule: 20150204-IR-326140256PRA Hearing Held: March 11, 2015 Approved byAttorney General: April 21, 2015 Approved by Governor: April 29, 2015 Filed with Publisher: April 29, 2015, 3:30p.m. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulatory Coordinator, IGCN 1225, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800) 988-7901, ctap@idem.in.gov Small Business Assistance Program Ombudsman: Steven N. Howell, IDEM Small Business Assistance Program Ombudsman, IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8587 or (800) 451-6027, snhowell@idem.in.gov Posted: 05/27/2015 by Legislative Services Agency An html version of this document.

Date: May 28,201511:17:05AM EDT DIN: 20150527-IR-326140256FRA Page 1

# Rule**Sign~ture** 

# Page

Rule#: Agency: Subject: ADOPTED: LSA Document #14-256(F) Environmental Rules Board Walsh and Kelly S02 Limits

# ~~**Date:4d-~** Beverly J. Gard · By: Chairperson, Environmental Rules Board

APPROVED:

# By~ep.~.-

# Date:~t' Governor, State ofIndiana

ACCEPTED FOR FILING:

TITLE 326 AIR POLLUTION CON1ROL DIVISION By:

- LSA Document #14-256(FR) Filed with Publisher: April 29. 2015. 3:30 p.m. By: RlwIndiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION SECOND NOTICE OF COMMENT PERIOD LSA Document #14-256 WALSH AND KELLY SULFUR DIOXIDE EMISSION LIMITS PURPOSE OF NOTICE The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 326 lAC 7-4.1-21 concerning sulfur dioxide (S02) emission limits for Walsh and Kelly located in Griffith, Indiana. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. HISTORY First Notice of Comment Period: July 23, 2014, Indiana Register (DIN: 20140723-IR-326140256FNA). CITATIONS AFFECTED: 3261AC 7-4.1-21. AUTHORITY: IC 13-14-8; IC 13-14-9; IC 13-17-3. SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING Basic Purpose and Background Walsh and Kelly, a hot-mix asphalt plant, located in Griffith, Indiana (Lake County) has requested a revision to the S02 emission limits at 326 lAC 7-4.1-21. Emission limits for sources in Lake County are part of the United States Environmental Protection Agency's (U.S. EPA) approved Indiana state implementation plan (SIP) for S02. Walsh and Kelly installed a new aggregate dryer/burner in 2013. The dryer/burner that was replaced was regulated by 326 lAC 7-4.1-21 with specific limits for that dryer. As required by 326 lAC 7-4.1-1 all new combustion units in Lake County are required to burn natural gas unless specifically regulated by a source specific emission limit. The limits in 326 lAC 7-4.1-21 provided emission limits for the old dryer/burner and allowed the unit to use re-refined waste oil. The previous burner was rated at 120 MMBtu per hour. The newer, more efficient burner is rated at 115 MMBtu per hour. IDEM has conducted air dispersion modeling to show that the new burner will not have a negative impact on air quality. The source has requested emission limits equivalent to the previous unit. Revising 326 lAC 7-4.1-21 to list the new unit and delete the existing unit will allow the source to use re-refined waste oil and number 2 fuel oil without being restricted to combustion of natural gas as prices for natural gas fluctuate in the future. Once this rulemaking is complete it will be submitted to U.S. EPA for SIP approval. IDEM seeks comment on the affected citations listed, including suggestions for specific language, comments on any other provisions of Title 326 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking. IC 13-14-9-41dentification of Restrictions and Requirements Not Imposed under Federal Law No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law. Potential Fiscal Impact This rulemaking will have the potential to save the affected source money as it will provide flexibility in fuel choice for the dryer/burner. Public Participation and Work Group Information At this time, no work group is planned for the rulemaking. Ifyou feel that a work group or other informal discussion on the rule is appropriate, please contact Susan Bem, Rules Development Branch, Office of Legal Counsel at (317) 233-5697 or (800) 451-6027 (in Indiana). SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD IDEM requested public comment from July 23, 2014, through August 22, 2014, on alternative ways to achieve the purpose ofthe rule and suggestions for the development of draft rule language. IDEM received no comments in response to the first notice of public comment period. REQUEST FOR PUBLIC COMMENTS This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one of the following ways: (1) By mail or common carrier to the following address:

LSA Document #14-256 Walsh and Kelly S02 Susan Bem

Date: May 28,2015 12:38:14PM EDT DIN: 20141015-IR-326140256SNA Page 1Indiana Register Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management Indiana Government Center North 100 North Senate Avenue Indianapolis, IN 46204-2251 (2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 232-8922. (3) By electronic mail to sbem@idem.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice. (4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana. Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking. COMMENT PERIOD DEADLINE All comments must be postmarked, faxed, or time stamped not later than November 14, 2014. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. Additional information regarding this action may be obtained from Susan Bem, Rules Development Branch, Office of Legal Counsel, (317) 233-5697 or (800) 451-6027 (in Indiana). DRAFT RULE SECTION 1. 3261AC 7-4.1-21 IS AMENDED TO READ AS FOLLOWS: 3261AC 7-4.1-21 Walsh and Kelly sulfur dioxide emission limitations Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17**~3-11** Affected: IC 13-15; IC 13-17 Sec. 21. (a) Walsh and Kelly, Source Identification Number 03215, shall comply with the sulfur dioxide emission limits for the aggregate dryer of less than: (1) twenty-five (25) tons per year; and (2) forty-two (42) pounds per hour. (b) The input of re-refined waste oil and re refined 'Naste oil its calculated #2 fuel oil equivalents in the one hundred twenty (120) fifteen (115) MMBtu per hour burner for the aggregate dryer shall be limited to less than seven hundred forty thousand seven hundred twenty-five (740,725) gallons per twelve (12) consecutive month period, rolled on a monthly basis, based on maximum sulfur content of forty-five hundredths percent (0.45%) for re-refined waste oil. (Air Pollution Control Division; 3261AC 7-4.1-21: filed May 25, 2005, 10:50 a.m.: 281R 2965)

Notice of Public Hearing

Posted: 10/15/2014 by Legislative Services Agency An html version ofthis document.

Date: May 28,201512:38:14PM EDT DIN: 20141015-IR-326140256SNA Page 2Indiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION

Notice ofPublic Hearing Notice of Public Hearing LSA Document #14-256

Under IC 4-22-2-24. IC 13-14-B-6, and IC 13-14-9, notice is herebygiven that on January 14, 2015, at 1:30 p.m., at the Indiana Government Center South, 302 West Washington Street, Conference Center Room A, Indianapolis, Indiana, the Environmental Rules Board will hold a public hearing on amendments to 326 lAC 7-4.1 concerning sulfur dioxide (S02) emission limits for Walsh and Kelly located in Griffith, Indiana. The purpose ofthis hearing is to receive comments from the public prior to preliminary adoption ofthese rules by the board. All interestedpersons are invited and will be given reasonable opportunity to express their views concerning the proposed amendments. Oral statements will be heard, but, for the accuracy ofthe record, all comments should be submitted in writing. Additional information regarding this action may be obtained from Susan Bem, Rules Development Branch, Office ofLegal Counsel, (317) 233-5697 or (BOO) 451-6027 (in Indiana). Individuals requiring reasonable accommodations forparticipation in this event should contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Act coordinatorat: Attn: ADA Coordinator Indiana Department ofEnvironmental Management Indiana Government CenterNorth 100 North Senate A venue Indianapolis, IN 46204-2251 orcall (317) 233-17B5 (V). Speech and hearing impaired callers may contact IDEM via the Indiana Relay Service (711) or (BOO) 743-3333. Please provide a minimum of72 hours notification. Copies ofthese rules are now on file at the Rules Development Branch, Office ofLegal Counsel, Indiana Department ofEnvironmental Management, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, Room N201, Indianapolis, Indiana and are open forpublic inspection. Nancy King, Chief Rules Development Branch Office of Legal Counsel

Posted: 10/15/2014 by Legislative Services Agency An html version of this document.

Date: May 28,2015 2:53:08PM EDT DIN: 20141015-IR-326140256PHA Page 1INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and Our Environment. 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 • www.idem.IN.gov Michael R. Pence Governor Thomas W. Easterly Commissioner

December 2, 2014

CERTIFICATE OF PUBLICATION This is to cetiify that the Indiana Depruiment ofEnvironmental Management (IDEM) Notice of Public Hearings for the Environmental Rules Board Meeting, 01/14/2015, regarding the following rulemaking actions:

• Preliminary Adoption, Walsh & Kelly S02 Limits, LSA# 14-256 • Preliminary Adoption, Shipbuilding & Ship Repair, LSA #14-441 • Prelimimiry Adoption, Particulate Matter Emission Limits, LSA#12-520 • Preliminary Adoption, S02EmissionLimits, LSA #11-356

was published onIDEM's web site on or before December 8, 2014. 

### Itwill remain posted onthe site until at least January 14, 20i5. The notice in

### full maybe found at the following web address, under the "Statewide" category. http://www.in.gov/idem/6777.htm Web publication ofthe notice was at the request ofChristine Pedersen, Section Chief, Rule Development Section, Office ofLegal Counsel, IDEM.

Attachments: Copy ofweb page as published.

AnEqual Opportunity Employer By:

Mike Finkelstein IDEMWebmaster 

# 0

AStatethatWorks 

# - @ RecycledPaper*IDEMHom<>Aboute-ServlcesFeaturedTopics------·---·-----------·---PublicNoticesFactSheetsMapsRutesCOntactInformationAboutYourEnvironmentAlrQuallty_______CommunityEnvironmemel!ieafth.CTAP:COmollanreandT;;cl;i;i;;;j·-·AsslstanteProgram-··---EnvtronmentalCleanupEnvironmentalEducationEnvJronmentatJusn:ce---------·-HooslerRlvernatch-·------ParrnersforPoUutlonPreventionPollutronPreventionRecycleIndianaWasteTirePr09ram-----·WaterQuality---·-·-··------------.1IDEM-•SearchGOVERNORMIKEPENCE·-------·--.---·-------·---·-------·--··----·--··-------PublicNotices:StatewideThisistheIDEMPublicNoticeSitefornoticescoveringtheentireStateofIndiana.Thispageisdesignedtoprovidepublicaccesstoallagencystate-widepublicnoticesasrequiredbystatuteorruleincluding:permitting,rulemaking,meetingandhearingnotices.Clickhighlightedlinkstoviewadditionalinformationrelatedtothenotice.Forpublicmeetingsnotrequiringnotices,pleasechecktheIDEMCalendar.Subscriptions:Wanttoknowaboutnewnoticesassoonasthey'reposted?Youcannowsubscribetothisregionalpublicnoticepage.Bysubscribingtoaregion,youwillbesentane-mailortextmessagetoyourphoneeverylimeIDEMaddsinformationtothisregionalpage.Thisallowsyoutostaycurr-enton.allpostingandnevermissanewposting.Tosubscribe,clickonthesubscriptionlinkinthelefthandcolumn.StatewideTuesd<l}',Oecember02,..2014December,2014Legal Notice ofPublic Hearing Under 40 CFR 51.102, notice is hereby given that the Environmental Rules Board (board) will hold a public hearing at its regularly scheduled meeting on Wednesday, January 14, 2015, for the air program rules listed in this notice. The meeting will convene at 1:30 p.m. at the Indiana Government Center-South, Conference Room A, 302 West Washington Street, Indianapolis, Indiana. The purpose ofthe hearings is to receive public comments prior to board actions. All interested persons are invited and will be given a reasonable opportunity to express their views concerning the proposed actions. Board documents may be viewed and downloaded from the Indiana Department of Environinental Management's Web site as early as one week prior to the meeting at http:/ /www.in.gov/idem/4696.htm. Copies ofthe proposed air program rules are also available to any personupon request, may be viewed online via the Internet from local libraries, and are available for public inspection at the following locations: Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center-Nmih, 100 North Senate Avenue, 13thFloor, Indianapolis, Indiana 46204. Indiana Department ofEnvironmental Management, Northwest Office, 330 WestUS Highway**30~** Suites E and F, Valparaiso, IN 46385. Indiana Depruiment ofEnvironmental Management, Nmihern Office, Suite 450, 300 N. Michigan Street, South Bend,.Indiana 46601. Indiana Department ofEnvironmental Management, Southwest Office, 1120 Nmih Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. Indiana Department ofEnvironmental Management, Southeast Office, 820 West Sweet Street, Brownstown, Indiana 47220-9557. Legislative Services Agency, Indiana Government Center-North, 100 Nmih**~enate** Avenue, Room N201, Indianapolis, Indiana 46204. The following air programrules are noticed for hearing and action: Walsh and Kelly S02 Limits. LSA #14-256. The purpose ofthis hearing is to receive public comment prior to preliminary adoption of amendments to 326 lAC 7-4.1-21 concerning sulfur dioxide emission limits to add a new aggregate dryer/burner at Walsh and Kelly in Griffith, Indiana. This rule will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional information concerning this rule contact SusanBern at the Indiana Depruiment ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center Notih, 

### iOO North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov. Shipbuilding and Ship Repair. LSA #14-441.The purpose ofthis hearing is to receive public comment prior to preliminary adoption of amendments to 326 lAC 8-12-4 concerning the revision ofa yolatile organic compound content limit for antifoulant coatings to be consistent withthe federal National Emission Standard for Hazardous Air Pollutants for Shipbuilding and Ship Repair. This rule will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional inform:ation concerning-this rule contact Susan Bern

# at the Indiana Depatiment ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov: Particulate Matter Emission Limits. LSA #12-520. The purpose ofthis hearing is to receive public comment prior to preliminary adoption of amendments to 326 lAC 6.5 and 326 lAC 6.8 concerning particulate matter emission limits. This rulemaking proposes to update information, make corrections, and address changes requested by sources, including modifications to Jupiter Aluminum and Huhtamaki Foodservice. This rule will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Planrequired by the Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional information concerning this rule contact Susan Bern atthe Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis at (317) 233_;5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov. S02 Emission Limits. LSA #11-356. The purpose ofthis hearing is to receive public comment prior to preliminary adoption of atnendments to 326 lAC 7 concerningthe addition ofsulfur dioxide emission limits, effective January 1, 2017, to address State Implementation Plan requirements for Marion, Morgan, Pike, and Vigo counties that have townships designated as nonattainment for the 1-hour standard. This rulemaking also proposes updating and correcting information, and removing units or sources that are no longer operating. This rule will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Planrequired bythe Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http:/ /www.in.gov/idem/5679.htm. For additional information concerning this rule contact Susan Bern atthe Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center Nmih, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov.

Forthese hearings, oral statements will be heard, but for the accuracy ofthe record, please submit statements inwriting to the attendant designated to receive written comments at · the public hearing. A transcript ofthe hem·ings and all written submissions to the board at the public hearing shall be open to public inspection at the Indiana Department ofEnvironmental Management;copies may be made available to any person upon payment ofreproduction costs. Any person heard or represented at the hearings or requesting notice shall be given written notice ofthe actions ofthe board. Christine Pedersen, Chief Rules Development Section Office ofLegal Counsel 

### ****************************************************************************** Individuals requiring reasonable accommodations for participation in this event should contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Act coordinator at: Attn: ADA Coordinator Indiana Depatiment ofEnvironmental Management 100 N. Senate Avenue Indianapolis, IN 46204

or call (317) 233-1785. Speech and hearing impaired callers may contact the agency via the Indiana Relay Service at 1-800-743-3333. Please provide a minimum of72 hours' notification.INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment. 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 • www.idem.IN.gov Michael R. Pence Governor Thomas W. Easterly <.Commissioner February 3, 2015



### CERTIFICATE OF PUBLICATION This is to celiify thatthe Indiana Depaliment ofEnvironmental Management (IDEM) Notice of Public Hearings.for the Environmental Rules Board Meeting, 03/11/2015, regarding the following**rulem~g** actions:

• Final Adoption, Walsh & Kelly S02 Li:t:nits, LSA #14-256 • FinalAdoption, Shipbuilding & Ship Repair, LSA#14-441 • Final Adoption, Paliiculate Matter EmissionLimits, LSA #12-520 • Preliminary Adoption, S02 EmissionLimits, LSA#ll-356

was published on IDEM's web site on orbefore Februrn.y 6, 2015. Itwill re.rnain posted onthe site until atleastMarch 11, 2015. The notice irrfull may be found at the following web address, under the "Statewide" categozy. http://www.in.gov/idem/6777.htm Web publication ofthe notice was. at the request ofCln·istine Pedersen, Section Chief, Rule Development Section, Office ofLegal Counsel, IDEM

..

Attachments: Copy ofweb page as published.

AnEqual Opportunity Employer By:

Mike**Finkels~ein** IDEMWebmaster 

# 0

AState thatWorks 

# - @ RecycledPaperfirIDEMHameA!Joete-SeJiVlcesPublicMoti·ces:StatewideFeateredlop!csNewsandE\lentsThisistheIDEMPublieNotieeSiteferrroticescovei:ill!ltheentireStateoHndianaThispageisdesignedtoprwidePubllcNoticespublieaccesstoallagencystate--wicfepublicnoticesasnystatuteorruleincluding:p.ermitting,F'Sheets•Fulemaking,meetingandhearingnotices.Click11ighliglltedlinkstoviewaddllionaliniormationr,eJal-edtothenotice.attForpuolicmeetingsnotrequirili!Jinptices,please·checktheIDEMCalendar.fOllliSMapsSubecri[ltioliS:Wantt{)knowalloutnewnoticesassoonasthey'repGSted?Youcan:subscribetothisregionalRules!JUblicnotieepag.e.Bysubscribing;toaregion,youwiDbesentane-mailortextmessagetoyoorphoneeverytimeIDEMaddsinformationtothis[}age.Thisallowsyoutostayeurre11tor1allpastingandnevermissanewContactposting.Tosubscribe,clickon:thesubscripl:ianlinl<inthefeft!landmlumn.Ilillfo[matiootAbo.utYomEnvironmentAll'Uuafi!YA!Jr'JoxicsProgmmBll!e'GieenAlgaeCommunltyHealthcrAP:ComplianceamlTethnical.Ass!staru:l!Pl:O!lfamEnvitomnentalCleanupEnldronmentalEducallonEnvironmentaiJmsticeHoosierRlirerwatcbPartnersforl'ollationPievenlianPollutionPreVentionRecyclelntlllmllwasteTireP.IogramWateiClua!ilyWatershedsani!tllonpointSoarcewata-Po!llnlanWp.tl:;r:u:lc:I;tla:u::::;:&crl<:;trAA.m1;StatewideNameorfacmtyAildiliona&Jnformalionliuesday,rebrual)'!B,2015Februal)',2005StllMoluWeihFrSa2525'2728:2!1303il.:1.4567a:9'lr>lllZ1314-·l51511lS19202122:23242525272&l23455 7..·..:;·:c-.·..·:...:-;;2)•·:.:Legal Notice ofPublic Hearing Under 40 CFR 51.102, notice is hereby given that the Environmental Rules Board (board) will hold a public hearing at its regularly scheduled meeting on Wednesday, March 11, 2015, for the air program rules listed in this notice. The meeting will convene at 1:30 p.m. at the Indiana Government Center-South, Conference Room A, 302 West Washington Street, Indianapolis, Indiana. The purpose ofthe hearings is to receive public comments prior to board actions. All interested persons are invited and will be given a reasonable oppmiunity to express their views concerning the proposed actions. Board documents may be viewed and downloaded from the Indiana Department of Environmental Management's Web site as early as one week prior to the meeting at http:/ /www.in.gov /idem/ 4696.htm. Copies ofthe proposed air program rules are also available to any person upon request, may be viewed online via the Internet from local libraries, and are available for public inspection at the following locations: Indiana Depmiment ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center-Nmih, 100 North Senate Avenue, 13th Floor, Indianapolis, Indiana 46204. Indiana Department ofEnvironmental Management, Northwest Office, 330 West US Highway 30, Suites E and F, Valparaiso, IN 46385. Indiana Depmiment ofEnvironmental Management, Northern Office, Suite 450, 300 N. Michigan Street, South Bend, Indiana 46601. Indiana Depmiment ofEnvironmental Management, Southwest Office, 1120 Nmih Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. Indiana Department ofEnvironmental Management, Southeast Office, 820 West Sweet Street, Brownstown, Indiana 47220-9557. Legislative Services Agency, Indiana Government Center-Nmih, 100 North Senate Avenue, Room N201, Indianapolis, Indiana 46204. The following air program rules are noticed for hearing and action: Walsh and Kelly S02 Limits. LSA #14-256. The purpose ofthis heming is to receive public comment prior to final adoption of amendments to 326 lAC 7-4.1-21 concerning sulfur dioxide emission limits to add a new aggregate dryer/burner at Walsh and Kelly in Griffith, Indiana. This rule will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional information concerning this rule contact Susan Bern at the Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov. Shipbuilding and Ship Repair. LSA #14-441.The purpose ofthis hearing is to receive public comment prior to final adoption of amendments to 326 lAC 8-12-4 conceming the revision ofa volatile organic compound content limit for antifoulant coatings to be consistent with the federal National Emission Standard for Hazardous Air Pollutants for Shipbuilding and Ship Repair. This mle will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. A copy ofthe most recently published version ofthis mle is available at: http://www.in.gov/idem/5679.htm. For additional information conceming this mle contact Susan Bern at the Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Govemment Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov. Particulate Matter Emission Limits. LSA #12-520. The purpose ofthis hearing is to receive public comment prior to final adoption of amendments to 326 lAC 6.5 and 326 lAC 6.8 concerning particulate matter emission limits. This rulemaking proposes to update information, make corrections, and address changes requested by sources, including modifications to Jupiter Aluminum and Huhtamaki Foodservice. This rule will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional information concerning this rule contact Susan Bern at the Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Govemment Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov. 802 Emission Limits. LSA #11-356. The purpose ofthis hearing is to receive public comment prior to preliminary adoption of amendments to 326 lAC 7 conceming the addition ofsulfur dioxide emission limits, effective January 1, 2017, to address State Implementation Plan requirements for Marion, Morgan, Pike, and Vigo counties that have townships designated as nonattainment for the 1-hour standard. This rulemaking also proposes updating and conecting information, and removing units or sources that are no longer operating. This rule will be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. A copy ofthe most recently published version ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional information conceming this rule contact Susan Bern at the Indiana Depmiment ofEnvironmental Management, Office ofLegal Counsel, Indiana Govemment Center N01ih, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697) (in Indiana), or sbem@idem.in.gov.

For these hearings, oral statements will be heard, but for the accuracy ofthe record, please submit statements in writing to the attendant designated to receive written comments at the public hearing. A transcript ofthe hearings and all written submissions to the board at the public hearing shall be open to public inspection at the Indiana Depmiment ofEnvironmental Management;copies may be made available to any person upon payment ofreproduction costs. Any person heard or represented at the hearings or requesting notice shall be given written notice ofthe actions ofthe board. Christine Pedersen, Chief Rules Development Section Office ofLegal Counsel 

### ****************************************************************************** Individuals requiring reasonable accommodations for participation in this event should contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Act coordinator at: Attn: ADA Coordinator Indiana Depmiment ofEnvironmental Management 100 N. Senate Avenue Indianapolis, IN 46204

or call (317) 23 3-1 785. Speech and hearing impaired callers may contact the agency via the Indiana Relay Service at 1-800-743-3333. Please provide a minimum of72 hours' notification.

### 1 2 3 4 5 6 7 8 9 10 11 ( 

### 12**,~\** 

### 13 14 15 16 17 18 19 20 21 22 23

--=

.../ \**"'t~** 

### BEFORE THE STATE OF INDIANA ENVIRONMENTAL RULES BOARD

PUBLIC MEETING OF JANUARY 14, 2015 

# ORlGlNAL

PROCEEDINGS before the Indiana Environmental Rules Board, Beverly Gard, Chairman, taken before me, Lindy L. Meyer, Jr., a Notary Public in and for the State of Indiana, County of Shelby, at the Indiana Government Center South, Conference Center, Room A, 402 West Washington Street, Indianapolis, Indiana, on Wednesday, January 14, 2015 at 1:29 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 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

-- 

### APPEARANCES: BOARD MEMBERS: Beverly Gard, Chairman Thomas R. Anderson Gary Powdrill Joanne Alexandrovich Kelly Carmichael Ken Rulon William Etzler Chris Horn Gail Boydston Calvin Davidson Mike Mettler, Proxy, Department of Health Cameron Clark, Director, Department of Natural Resources Pamela Fisher, Proxy, Indiana Economic Development Corporation David Bausman, Proxy, Lieutenant Governor Thomas W.**East~rly** 

### (nonvoting) IDEM STAFF MEMBERS: Christine Pedersen Susan Bern Dan Watts Bruce·Palin Nancy King Janet Pittman Roger Letterman PUBLIC SPEAKERS: Josh Trenary Andrew Gilbert Bill Beranek Bowden Quinn Vince Griffin Andrew Berger Glenn Pratt Ralph Roper (via Dr. Beranek) David Wagner (via Dr. Beranek) Larry Kane 2

### 1 2 3 4 5 6 7 8 9 10 11

. I 

### 12 13 14 15 16 17 18 19 20 21 22 23 'l' 

### CHAIRMAN GARD: 1:29 o'clock p.m. January 14 1 

### 2015

Thank you. I will call the January 14th 1 

### 2015 meeting of the Indiana Environmental Rules Board to order. There is a quorum present. Let's go around the

room as usual and introduce ourselves and what constituency you were appointed to represent. Kelly? MR. CARMICHAEL: Sure. Kelly Carmichael 1 

### utilities. MR. HORN: Chris Horn 1 

### labor. 3



### MR. DAVIDSON:· Calvin Davidson 1 

### solid waste. DR. ALEXANDROVICH: Joanne Alexandrovich 1 

### local government. MR. RULON: Ken Rulon 1 

### agriculture. MR. POWDRILL: Gary Powdrill 1 

### the general public. MR. ANDERSON: Tom Anderson 1 

### environmental. MR. ETZLER: Bill Etzler 1 

### small business.

### 1 2 3 4 5 6 7 8 9 10 11 12

•. 

### 13 14 15 16 17 18 19 20 21 22 23 CHAIRMAN GARD: Beverly Gard, general public. MS. BOYDSTON: manufacturing. MS. FISHER: Gail Boydston,

Pam Fisher, proxy, Secretary of Commerce Victor Smith. 4



### MR. METTLER: Mike Mettler, proxy for the State Health Commissioner, Dr. Adams. MR. CLARK: Cam Clark, Director for the Indiana Department of Natural Resources. MR. BAUSMAN: David Bausman, proxy for the Lieutenant Governor. COMM. EASTERLY: Tom Easterly, the Commissioner of IDEM, nonvoting. CHAIRMAN GARD: Thank you. The first order of business today is the approval of the summary of the November 12th, 2014 Board meeting. Are there any additions or corrections to the summary as distributed? (No response.) CHAIRMAN GARD: Seeing none, is there

a motion to approve the minutes as distributed? MR. POWDRILL: So moved.32

. ( 1 

### CHAIRMAN GARD: Mr. Anderson? 2 

### MR. ANDERSON: Yes. 3 

### CHAIRMAN GARD: Mr. Etzler? 4 

### MR. ETZLER: Yes. 5 

### CHAIRMAN GARD: Ms. Boydston? 6 

### MS. BOYDSTON: Yes. 7 

### CHAIRMAN GARD: Mr. Davidson? 8 

### MR. DAVIDSON: Yes. 9 

### CHAIRMAN GARD: Mr. Horn? 10 

### MR. HORN: Yes. 11 

### CHAIRMAN GARD: Ms. Fisher? 12 

### MS. FISHER: Yes. 13 

### CHAIRMAN GARD: Mr. Mettler? 14 

### MR. METTLER: Yes. 15 

### CHAIRMAN GARD: Mr. Bausman? 16 

### MR. BAUSMAN: Yes. 17 

### CHAIRMAN GARD: Mr. Clark? 18 

### MR. CLARK: Yes. 19 

### CHAIRMAN GARD: ·And the Chair votes 20 

### aye. Fourteen ayes, zero nays, so the rule is 21 

### adopted. 22 

### This is a public hearing before the 23 

### Environmental Rules Board of the State of Indiana

_,**-~**

### 1 concerning preliminary adoption of amendments to 2 

### rules at 326 

### IAC 7-4.1-21 

### concerning Sulfur 3 Dioxide Limits at Walsh and Kelly. 4 

### I will now introduce Exhibit B, the draft 5 rules, into the record of the hearing. Susan Bern will present the rule. 33

6 7 

### MS. BEM: My name is Susan Bern, and I ff 

### work in the Rules Development Branch. 9 Walsh and Kelly is a hot-mix asphalt plant 10 

### located in Griffith, Indiana, Lake County. They 11 have requested a revision to the sulfur dioxide 12 

### emission limits in Title 326, 

### Article 7-4.1-21. 13 

### These emission limits are part of the 14 

### U.S. EPA-approved Indiana State Implementation 15 

### Plan, or SIP, for S0 2 • 16 

### Walsh and Kelly installed the new, more 17 

### efficient 115 

### million BTU per hour aggregate 18 

### dryer/burner in 2013 

### to replace a unit rated at 19 120 

### million BTU per hour. The old unit was 20 

### regulated by Article 7-4.1-21 

### with specific 21 

### limits for that dryer/burner and allowed the use 22 

### of re-refined waste oil. As required by 23 

### Article 7-4.1-1, 

### all new combustion units in Lake1 2 3 4 5 6 7 8 9 10 11

. I 12 13 14 15 16 17 18 19 20 21 22 23 

### County are required to burn natural gas unless specifically regulated by a source specific emission limit listed in the rule. 34



### Without adding the new unit to the source specific listing in the Article 7 1 

### the asphalt plant would not be able to continue to use refined waste oil in the new unit that replaced the**forme~ unit~**  

### The rulemaking was requested by the affected source to allow for operational flexibility. EPA or IDEM will submit this rulemaking to EPA for SIP approval once it is effective 1 

### and modeling done by the Department has shown that there will not be an increased impact on air quality. The Department requests that the Board preliminarily adopt the rule as presented. Thank you. Any questions? CHAIRMAN GARD: Are there any questions? DR. ALEXANDROVICH: couple of questions. MS. BEM: Uh-huh. Yeah 1 

### I have a35

1 

### DR. ALEXANDROVICH: What's the 2 difference in the PT if it was just natural gas 3 versus these limits? 4 

### MS. BEM: Well, the emission limits 5 in the current rule haven't changed from the old 6 

### limit to the new unit. The PT, there would be a 7 difference in particulate emissions between 8 burning natural gas and the refined waste oil, 9 but I don't know what the emission·factor is. 10 11 

### 12 DR. ALEXANDROVICH: Okay. But not So 1 

### the S0 2 

### is MS. BEM: I'm sorry. For S0 2 , 

### the 13 emission factor would be different between 14 natural gas and waste oilj but I don't know what 15 

### the emission factor is. But the allowed emission 16 limit is not changing in the rule. 17 18 

### DR. ALEXANDROVICH: Okay. And one other question: Have you already met with EPA on 19 this issue? 20 

### MS. BEM: Yeah, we've

-- they've 21 reviewed the modeling to go over it to see what 22 the impact would be, and they've they're in 23 agreement that the modeling showed

-- continues

### 1 to show attainment. CHAIRMAN GARD: Any other questions? (No response.) CHAIRMAN GARD: Thank you. 36

2 3 4 5 

### This hearing is concluded. The Board will 6 now consider preliminary adoption of amendments 7 

### to Walsh and Kelly Sulfur Dioxide Rules. Any 8 further Board discussion? 9 (No response.) 10 

### CHAIRMAN GARD: Is there a motion to 11 preliminarily adopt the rules? 12 13 14 15 

### 16 aye. 17 18 19 20 21 22 23 

### MR. CARMICHAEL: So moved. CHAIRMAN GARD: Is there a second? MR. HORN: Second. CHAIRMAN GARD: All in favor, say

MR. HORN: Aye. MS. FISHER: Aye. MS. BOYDSTON: Aye. MR. ETZLER: Aye. MR. ANDERSON: Aye. MR. BAUSMAN: Aye. MR. POWDRILL: Aye.

### 1 2 3 4 5 6 7 8 9 10 

### MR. CLARK: Aye

. MR. METTLER: Aye. MR. DAVIDSON: Aye. MR. RULON: Aye. DR. ALEXANDROVICH: Aye. MR. CARMICHAEL: Aye. CHAIRMAN GARD: Aye. Opposed, nay. (No response.) CHAIRMAN GARD: The rule is 11 preliminarily adopted. 12 This is a public hearing before the 37



### 13 Environmental Rules Board concerning preliminary 14 adoption of amendments to rules at 326 IAC 8-12-4 15 regarding Shipbuilding and Ship Repair. 16 I will now introduce Exhibit C, the draft 17 rules, into the record of the hearing. Susan Bern. 18 

### i9 MS. BEM: Again, name is a Susan Bern, 20 and I work in the Rules Development Branch. 21 IDEM regulates volatile organic compound, 22 or VOC, emissions from surface coating operations 23 at shipbuilding and ship repair facilities in

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 -i 

### CHAIRMAN GARD: With a motion and a second, we are adjourned. Thereupon, the proceedings of January 14, 2015 were concluded at 3:35 o'clock p.m. 121

### 122

1 

### CERTIFICATE 2 

### I, Lindy L. Meyer, Jr., the undersigned 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, January 14, 2015 in this matter and 8 

### transcribed by me. 9

# ~7,~~' v**~** Lindy L. Meyer, Jr., 10 11 

### 12 Notary Public in and 13 

### for the State of Indiana. 14 15 My Commission expires October 27, 2016. 16 17 18 19 

### 20 21 22 23Bold =new language Strikeout= existing language deleted in this rulemaking TITLE 326 AIRPOLLUTION CONTROL DIVISION DRAFT RULE. LSA Document #14-256 DIGEST Amends 326 IAC 7-4.1-21 concerning sulfur dioxide (S02) emission limits for Walsh and Kelly located in Griffith, Indiana. Effective 30 days after filing with the Publisher. IDSTORY FirstNotice ofComment Period: July 23, 2014, Indiana Register (DIN: 20140723-IR326140256FNA).

. SecondNoti9e ofCommentPeriod: October 15,2014, IndiariaRegister (DIN: 20141015-IR-326140256SNA). Notice ofFirst Hearing: October 15, 2014, Indiana Register (DIN: 20141015-IR326140256PHA). Date ofFirst Hearing: January 14, 2015. 326 lAC 7-4.1-21 DRAFT RULE SECTION 1. 326 IAC 7-4.1-21 IS AMENDED TO READ AS FOLLOWS: 326 lAC 7-4.1-21 Walsh and Kelly sulfur dioxide emission limitations Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17 Sec. 21. (a) Walsh and Kelly, Source Identification Number 03215, shall complywith the sulfur dioxide emission limits for the aggregate dryer ofless than: (1) twenty-five (25) tons per year; and (2) forty-two (42) pounds perhour. (b) The input ofre-refmed waste oil andre refmed vmste oil its calculated #2 fuel oil equivalents in the o:rie hundred t\venty**~** fifteen (115) million British thermal units (MMBtu) perhourburner for the aggregate dryer shall be limited to less than seven hundred forty thousand seven hundred twenty-five (740,725) gallons pertwelve (12) consecutive month period, rolled on a monthly basis, based on maximum sulfur content offorty-five hundredths percent (0.45%) for re-refined waste oil. (Air Pollution Control Division; 

### 326lAC 

### 7-4.1-2l;filed May 25, 2005, 10:50 a.m.: 28IR 2965)

### ~ ((13_J)Indiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION Proposed Rule LSA Document #14-256 DIGEST Amends 326 lAC 7-4.1-21 concerning sulfur dioxide (SO) emission limits for Walsh and Kelly located in Griffith, Indiana. Effective 30 days after filing with the Publisher. HISTORY First Notice of Comment Period: July 23, 2014, Indiana Register {DIN: 20140723-IR-326140256FNA). Second Notice of Comment Period: October 15, 2014, Indiana Register (DIN: 20141015-IR-326140256SNA). Notice of First Hearing: October 15, 2014, Indiana Register (DIN: 20141015-IR-326140256PHA). Date of First Hearing: January 14, 2015. PUBLIC COMMENTS UNDER IC 13-14-9-4.5 IC 13-14-9-4.5 states that a board may not adopt a rule under IC 13-14-9 that is substantively different from the draft rule published under IC 13-14-9-4, until the board has conducted a third comment period that is at least 21 days long. Because this proposed rule is not substantively different from the draft rule published on October 15, 2014, at DIN: 20141015-IR-326140256SNA, the Indiana Department of Environmental Management (IDEM) is not requesting additional comment on this proposed rule. SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD IDEM requested public comment from October 15, 2014, through November 14, 2014, on IDEM's draft rule language. No comments were received during the second comment period. SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING On January 14, 2015, the Environmental Rules Board (board) conducted the first public hearing/board meeting concerning the development of amendments to 326 lAC 7-4.1-21. No comments were made at the first hearing. 326 lAC 7-4.1-21 SECTION 1. 3261AC 7-4.1-21 IS AMENDED TO READ AS FOLLOWS: 3261AC 7-4.1-21 Walsh and Kelly sulfur dioxide emission limitations Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17 Sec. 21. (a) Walsh and Kelly, Source Identification Number 03215, shall comply with the sulfur dioxide emission limits for the aggregate dryer of less than: (1) twenty-five (25) tons per year; and (2) forty-two (42) pounds per hour. (b) The input of re-refined waste oil andre refined waste oil its calculated #2 fuel oil equivalents in the one hundred tv;enty (120) fifteen (115) million British thermal units (MMBtu) per hour burner for the aggregate dryer shall be limited to less than seven hundred forty thousand seven hundred twenty-five (740,725) gallons per twelve (12) consecutive month period, rolled on a monthly basis, based on maximum sulfur content of forty-five hundredths percent (0.45%) for re-refined waste oil. (Air Pollution Control Division; 326/AC 7-4.1-21; filed May 25, 2005, 10:50 a.m.: 28/R 2965)

Notice of Public Hearing

Posted: 02/04/2015 by Legislative Services Agency An html version of this document.

Date: May 28,20151;25:10PM EDT DIN: 20150204-IR-326140256PRA Page 1Indiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION

Notice ofPublic Hearing Notice of Public Hearing LSA Document #14-256

Under IC 4-22-2-24. IC 13-14-B-6. and IC 13-14-9, notice is hereby given that on March 11, 2015, at 1:30 p.m., at the Indiana Government Center South, 302 West Washington Street, Conference Center Room A, Indianapolis, Indiana, the Environmental Rules Board will hold a public hearing on amendments to 326 lAC 7-4.1- 21 concerning sulfur dioxide (SO) emission limits for Walsh and Kelly located in Griffith, Indiana. The purpose ofthis hearing ts to receive comments from the public prior to final adoption ofthese rules by the board. All interestedpersons are invited and will be given reasonable opportunity to express their views concerning the proposed amendments. Oral statements will be heard, but, for the accuracy ofthe record, all comments should be submitted in writing. Additional information regarding this action may be obtained from Susan Bern, Rules Development Branch, Office ofLegal Counsel, (317) 233-5697 or (BOO) 451-6027 (in Indiana). Individuals requiring reasonable accommodations forparticipation in this event should contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Act coordinatorat: Attn: ADA Coordinator Indiana Department ofEnvironmental Management Indiana Government Center North 100 North Senate Avenue Indianapolis, IN 46204-2251 orcall (317) 233-17B5 (V). Speech and hearing impaired callers may contact IDEM via the Indiana Relay Service (711) or (BOO) 7 43-3333. Please provide 

## a minimum of72 hours notification. Copies ofthese rules are now on file at the Rules Development Branch, Office ofLegal Counsel, Indiana Department ofEnvironmental Management, Indiana Government CenterNorth, 100 North Senate Avenue, Thirteenth Floor and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, Room N201, Indianapolis, Indiana and are open forpublic inspection. Nancy King, Chief Rules Development Branch Office of Legal Counsel

Posted: 02104/2015 by Legislative Services Agency An html version ofthis document.

Date: May 29,2015 7:56:16AM EDT DIN: 20150204-IR-326140256PHA Page 1

### 1 2 3 

### 4 5 6 7 8 9 

### 10 11 12 13 14 15 INDIANA**ENVIRONMENTA~** 

### RULES BOARD INDIANA GOYERNMENT CEijTER SOUTH 302 WEST**WASHINGTO~** 

### STREET INDIANAPOLIS, IijDIANA MARCH 11, 2015

- 1:30 P.M.

# ORIGINAL

MEMBERS PRESENT:

Chair Beverly Gard-General Public Vice Chair William Etzler-Small Business Ken Rulon-Agriculture Gail Boydston-Manufacturing**To~** 

### R. Anderson-Environmental Interests Chris Horn-Labor Gary Powdrill-General Public Dr. Ted Niemiec-Medical Kelly Carmichael-Public Utilities Dr. Joanne**AleKandrovich~Local** 

### Government Calvin Davidson-Proxy ISDH David Bausman, Proxy Lt. Governor for ISDA Cameron Clark-Director· of IDNR Pam Fisher-Proxy IEDC Carol Comer (nonvoting member)-IDEM

16 The meeting was held on the 11th day of 17 MARCH, 2015, at 1:30 p.m., at the Indiana Government 18 Center South, Conference Room A, Indianapolis, 19 Indiana, and reported by me, Marjorie A. Addington, 20 Notary Public in and for the CountY- of Hamilton, 21 State of Indiana, CM, CSR: KS. 22 

### 23 24 25 ACCURATE REPORTING OF INDIANA William F. Daniels Prop. RPR/CP CM 12922 Brighton Avenue Carmel, Indiana 46032 (317) 848-0088

# ) 1 

### MADAM CHAIR GARD: It's 1:30, ·so I think 

### ( 2 

### we'll go ahead and call the Bnvironmental Rules Boaru 3 

### to order, it's March the 11th, 2015. It looks like 

### 4 we have a quorum present. I'm going to go around, as 5 usual, and ask the Board members to give their name 6 

### and who they represent. 7 

### MS. COMER: Start with me? 8 

### MADAM CHAIR GARD: Yes. 9 

### Ms.·coMER: My name's Carol Comer, I'm Chief 10 of Staff and I'm here representing IDEM on behalf of 11 our Commissioner, Tom Easterly. 12 MADAM CHAIR GARD: And Carol has just 13 recently been**nam~d** 

### Chief of Staff. She was head**o~** 

### 14 the legal department before that, so welcome. 15 MS. COMER: Thank you. 16 

### DR. NIEMIEC: Ted Niemiec representing health 17 care providers. 18 

### MR. BAUSMAN: David Bausman, serve as proxy 19 for Lieutenant Governor. 20 MR. CLARK: Cam Clark here as the Director 21 for the Department of Natural Resources. 22 MR. CARMICHAEL: Kelly Carmichael 23 representing public utilities. 24 MS. FISHER: Pam Fisher, proxy for Secretary ( 

### 25 of Commerce, Victor Smith. 

### 2

### 3 

# ) 1 

### MS. BOYDSTON: Gail Boydston representing 2 industry. 3 

### MADAM CHAIR GARD: Beverly Gard, general 4 public. 5 

### MR. ETZLER: Bill Etzler, small business. 6 

### MR. ANDERSON: Tom Anderson, environmental

.. 7 MR. POWDRILL: Gary Powdrill, general public. 8 

### MR. RULON: Ken Rulon, agriculture. 9 

### DR. ALEXANDROVICH: Joanne Alexandrovich, 10 local government. 11 MR. DAVIDSON: Calvin Davidson, solid waste. 12 MR. HORN: Chris Horn, labor. 

# ) ·' 

### 13 MADAM CHAIR GARD: Thank you all very much. 14 First order of business today is the approval of the 15 summary of the January 14th, 2015 Board meeting. Are 16 there any additions or corrections to the summary as 17 it was presented to you? 18 (No response.) 19 

### MADAM CHAIR GARD: If not, is there a motion 20 to approve the minutes as distributed? 21 MR. RULON: So moved. 22 MADAM.CHAIR GARD: Is there a second? 23 

### ,MR. ANDERSON: Second. 24 MADAM CHAIR GARD: All in favor say "aye." 25 (All respond "aye".)

### 4

1 MADAM CHAIR GARD: Opposed "nay". 2 

### (No response.) 3 

### MADAM CHAIR GARD: The minutes are approved. 4 

### IDEM reports. First order of business, Carol, you're 5 up. 6 

### MS. COMER: Thank you. I just wanted to 7 update the Board on some of the legislation that is 8 

### occurring at the present. Senate Bill 312 is now, of 9 course, in the House and it's the aboveground storage 10 tank bill. As you're probably aware, it's no longer 11 our bill, but what's happening now is it exempts 12 tanks that are already reported to another agency. 

# ) ' 

### 13 IDEM is tasked with

### co~piling information from othel 14 entities and streamlining that information, and also 15 it defines a critical zone of concern for water 16 planning purposes. 17 For the Board's perspective, under the bill 18 as it currently stands, the Board will**h~ve** 

### to expand 19 on what tanks should be included in the bill, what 20 areas should be included in the critical zone, and 21 also create categories of hazards related to those 22 tanks. 23 So 311 is our oversight cost bill and that's 24 moving forward, and also 350 is the omnibus bill an( 25 there are several things related to IDEM in that

### 26

1 Public, is sworn.) 2 MADAM CHAIR GARD: This is a public hearing 3 before the Environmental Rules Board for the State of 4 Indiana concerning final adoption of amendments to 5 rules at 326 IAC 7-4.1-21 concerning sulfur dioxide 6 limits at Walsh and Kelly. Now I introduce Exhibit 7 A, the rules as preliminarily adopted, into the 8 

### 9 

### 10 record of the hearing. the rule. Susan Bern is going to give

MS. BEM: My name is Susan Bern, and there are 11 no changes to this rule since preliminary adoption. 12 As presented at the last Board**meetin~,** 

### this 13 rulemaking applies to Walsh and Kelly, a hot mix 14 asphalt plant located in Griffith in Lake County. 15 The emission limits of this rule are being 16 revised to apply to a new 115 million BTU per hour 17 size aggregate dryer burner that was installed to 18 replace a unit designated as 120 million BTU per 19 hour. The language will continue to allow the use of 20 re-refined waste oil. This rule is part of the SIP 21 and IDEM will submit to US EPA for SIP approval after 22 it's final and effective. The Department requests 23 that the Board final adopt the rule as presented. 24 Thank you. Any questions? 25 MADAM CHAIR GARD: Are there any questions

### 1 for Susan? 2 (No response.) MADAM CHAIR GARD: Thank you very much. Dan Weiss. MR. WEISS: I have a comment on the other 

### S02. 3 4 5 6 

### 7 MADAM CHAIR GARD: Oh, the ather one, okay. 8 ·Is there anybody that wants to make comments on this 9 particular rule? 10 (No response.) 11 12 13 

### 14 15 

### MADAM CHAIR GARD: Okay, with that, this hearing is concluded.

on the rule? Is there any Board discussion

(No .response.) MADAM CHAIR GARD: Is there a motion for 16 final adoption of the rule as presented? 17 18 

### 19 20 

### 21 22 23 24 25 

### DR. NIEMIEC: MR. BAUSMAN: So moved. Second. MADAM CHAIR GARD: Mr. Rulon. MR. RULON: Yes. MADAM CHAIR GARD: Dr. Alexandrovich. DR. ALEXANDROVICH: Yes. MADAM CHAIR GARD: Mr. Carmichael. MR. CARMICHAEL: Yes. MADAM CHAIR GARD: Mr. Powdrill. 27

### 1 

### 2 3 

### 4 5 6 7 8 9 

### MR. POWDRILL: Yes. MADAM CHAIR GARD: Mr. Anderson. MR. ANDERSON: Yes. MADAM CHAIR GARD: Mr. Etzler. MR. ETZLER: Yes. MADAM CHAIR GARD: Ms. Boydston. MS. BOYDSTON: Yes. MADAM CHAIR GARD: Mr. Davidson. MR. DAVIDSON: Yes. MADAM CHAIR GARD: Mr. Horn. MR. HORN: Yes. MADAM CHAIR GARD: Ms. Fisher. MS. FISHER: Yes. MADAM CHAIR GARD: Mr. Bausman. MR. BAUSMAN:**Yes~** 

### MADAM CHAIR GARD: Mr. Clark. MR. CLARK: Yes. MADAM CHAIR GARD: Dr. Niemiec. DR. NIEMIEC: Yes. 28



### 10 11 

### 12 13 14 15 16 17 

### 18 19 20 

### MADAM CHAIR GARD: Did I forget anybody? The 21 Chair votes aye. The rule is adopted 14 to zero. 22 Okay, this is a public hearing before the 23 Environmental Rules Board of the State of Indiana 24 concerning final adoption of amendments to rules at 25 326 IAC 8-12-4 regarding shipbuilding and ship

# )

) 172 (No response.) 1 

### 2 3 

### MADAM CHAIR GARD: The motion.passes ,and I will get to work on that and you all will 

### be advised 4 as to the makeup. 5 Did anybody order supper? Open forum. Is 6 there anybody that wishes to address the Board, at 

### 7 your own risk? 8 9 

### (No response.) MADAM CHAIR GARD: Well, the next meeting of 10 the Environmental Rules Board has not been scheduled, 11 but I believe it will be Wednesday, June the 10th or 12 Wednesday, July the 8th, at 1:30 in this conference 13 14 

### 15 16 

### 17 18 19 

### 20 21 22 23 24 

### 25 room, and you will be notified as soon as that date is determined. Is there a motion to adjourn? DR. NIEMIEC: So moved. .MR. RULON: Second. MADAM CHAIR GARD: All in favor say "aye''. (All respond "aye".) MADAM CHAIR GARD: (No response.) MADAM CHAIR GARD: "Nay."

The meeting is adjourned. (WHEREUPON, at 5:30p.m., March 11, 2015, this hearing concluded for the day.)1 

### CERTIFICATE 2 

### 3 STATE OF INDIANA ss: 4 COUNTY OF HAMILTON 5 

### 6 I, Marjorie A. Addington, the undersigned Court Reporter and Notary Public residing and maintaining 7 

### offices in the City of Carmel, Hamilton County, !ndiana, do hereby certify: 8 9 

### 173



### 10 That I reported to the best of my ability in machine shorthand all of the words spoken by all parties in 11 attendance during the course of the hearing; 12 ) 13 

### That I later reduced my shorthand notes into the 14 f·oregoing typewritten transcript form, which typewritten transcript is a true record to the best 15 of my ability of the hearing; 16 

### 17 

### That I am not a relative or employee or attorney or 18 counsel of any of the parties, nor am I a relative or an employee of such attorney or counsel, and that I 19 am not financially interested in this action. 20 21 22 

### 23 24 25 IN WITNESS HERETO, I have affixed Notarial Seal and subscribed my signature below this 21st day of MARCH, 2015. Notary Public County of Residence: My Commission Expires Hamilton on: August 22, 2015. Bold = new language Strikeout = existing language deleted in this rulemaking TITLE 326 AIRPOLLUTION CONTROL DIVISION PROPOSED RULE AS PRELIMINARILY ADOPTED LSA Document #14-256 -DIGEST Amends 326 lAC 7-4.1-21 concerning sulfur dioxide (S02) emission limits for Walsh and Kelly located in Griffith, Indiana. Effective 30 days after filing with the Publisher. HISTORY FirstNotice ofCommentPeriod: July 23, 2014, Indiana Register (DIN: 20140723-IR326140256FNA). SeeondNotice ofComment Period: October 15, 2014, Indiana Register (DIN: 20141015-IR-326140256SNA). Notice ofFirst Hearing: October 15,2014, IndianaRegister (DIN: 20141015-IR326140256PHA). Date ofFirst Hearing: January 14,' 2015.

. Proposed Rule: February 4, 2015, Indiana Register (DIN: 20150204-IR-326140256PRA). Notice. ofSecond Hearing: February4, 2015, IndianaRegister (DIN: 20150204-IR326140256PHA). Date ofSecond Hearing: March 11,2015. 326 lAC 7-4.1-21 SECTION 1. 326 lAC 7-4.1-21 IS AMENDED TO READ AS FOLLOWS: 326 lAC 7-4.1-21 Walsh and Kelly sulfur dioxide emission limitations Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-1S; IC 13-17

. Sec. 21. (a) Walsh and Kelly, Source IdentificationNumber 03215, shall comply with the sulfur dioxide emission limits for the aggregate dryer ofless than: (1) twenty-fiv.e (25) tons per year; and (2) forty-two (42) pounds per hour. (b) The input ofre-refined waste oil andre refmed v;aste oil its calculated #2 fuel oil equivalents in the one hundred t\venty**~** fifteen (115) million British thermal units (MMBtu) per hour burner for the aggregate ·dryer shall be limited to less than seven hundred forty thousand seven hundred twenty-five (740,725) gallons per :twelve (12) consecutive month period, rolled on a monthly basis, based on maximum sulfur content offorty-five hundredths percent (0.45%) for re-refmed waste oil. (Air Pollution. Control Division; 326lAC 7-4.1-21;filed May 25, 2005, 10:50 a.m.: 28IR 2965) ··.



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