INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Michael R. Pence 

Governor 

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 

Commissioner 

Re: State Implementation Plan Submittal for 

Indiana Regarding 326 lAC 7-4.1-21, Walsh and 

Kelly (LSA #14-256) 

Pursuant to Section 110 of the Clean Air Act and Title 13 of the Indiana Code, the 

Indiana Depatiment of Environmental Management (IDEM) submits an amendment to the 

Indiana state implementation plan (SIP). This amendment consists of revisions 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 of one (1) hard copy of the required documentation. An 

electronic version of the 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 of this state 

implementation plan submission, a list of suppmiing documents is attached. 

Throughout the development ofthis amendment to existing rule 326 lAC 7-4.1-21, staff 

of the Office of Air Quality worked closely with your staff to 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. If you have any questions 

An Equal Opportunity Employer 0 @ Recycled Paper A State that Works 

-
Ms. Susan Hedman 

Page Two 

regarding this submittal, please contact Christine Pedersen, Rule Development Section Chief, 

Office of Legal Counsel at (317) 233-5684. 

KB/sb 

Attachments: Supporting Documents 

Sincerely, 

Keith 

~B~ Baugues 

Assistant Commissioner 

Office of Air 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 file 
Supporting 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 of Public Comment Period, including the Notice of Public Hearing, as 

published in the Indiana Register on October 15,2014 (DIN: 20141015-IR-326140256FNA) 

Attachment E: Certificates of Web Publication 

Attachment F: Transcript of First Public Hearing held on January 14, 2015 

Attachment G: Proposed Rule, including the Notice of Public Hearing, as published in the Indiana 

Register on February 4, 2015 (DIN: 20150204-IR-326140256PRA) 

Attachment H: Transcript of Second Public Hearing held on March 11, 2015 
ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 

1. The submittal is accompanied by a formal letter of submittal 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 of regulations; or issued the pe1mit, order, consent 

agreement ("document"); in final form. 

a. Date of adoption or final issuance: March 11, 2015 

b. The effective date of the plan, if different 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 of the changes made to the existing 

approved plan, where applicable. 

b. The submittal shall be a copy of the 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 of the procedural 

requirements of the State's laws and constitution in 

conducting and completing the adoption/issuance of the plan. 

Attachment C 

6. Evidence that public notice was given, including date of Attachments D, E, and G 

proof of publication. 

_x_ Notice of First Public Hearing and Ce1tificates of Web Publication 

_x_ Notice of Second Public Hearing and Celiificates of Web Publication 

7. Celiification that public hearings were held in accordance 

with information provided in public hearing notice. 

_x_ Transcript from First Public Hearing 

_x_ Transcript from Second Public Hearing 

8. Compilation of public comments and State's response. 

x Second Notice 

_x_ Proposed Rule 

Third Comment Period 

9. Technical Suppoli Document (if source 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 (SO 2

) 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; filed Apr 29, 2015, 

3:30p.m.: 20150527-IR-326140256FRA) 

LSA Document #14-256(F) 

Proposed Rule: 20150204-IR-326140256PRA 

Hearing Held: March 11, 2015 

Approved by Attorney 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 

By: 

Beverly 

~~ J. Gard · Date:4d-~ Chairperson, Environmental Rules Board 

APPROVED: 

By~ep.~.- Date:~t' Governor, State of Indiana 

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: Rlw 
Indiana 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. If you 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 of the 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 1 
Indiana 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 of this document. 

Date: May 28,201512:38:14PM EDT DIN: 20141015-IR-326140256SNA Page 2 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Notice of Public 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 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 of this hearing is to receive comments from the public prior to preliminary adoption of these 

rules by the board. All interested persons 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 of the record, 

all comments should be submitted in writing. 

Additional information regarding this action may be obtained from Susan Bem, Rules Development Branch, 

Office of Legal Counsel, (317) 233-5697 or (BOO) 451-6027 (in Indiana). 

Individuals requiring reasonable accommodations for participation in this event should contact the Indiana 

Department of Environmental Management, Americans with Disabilities Act coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

Indiana Government Center North 

100 North Senate A venue 

Indianapolis, IN 46204-2251 

or call (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 of 72 hours notification. 

Copies of these rules are now on file at the Rules Development Branch, Office of Legal Counsel, Indiana 

Department of Environmental 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 for public 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 1 
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers 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 of Environmental 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, S02Emission Limits, LSA #11-356 

was published on IDEM's web site on or before December 8, 2014. It will remain posted on the 

site until at least January 14, 20i5. 

The notice in full may be found at the following web address, under the "Statewide" category. 

http://www.in.gov/idem/6777.htm 

Web publication of the notice was at the request of Christine Pedersen, Section Chief, Rule 

Development Section, Office of Legal Counsel, IDEM. 

Attachments: 

Copy of web page as published. 

An Equal Opportunity Employer 

By: 

Mike Finkelstein 

IDEM Webmaster 

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Public Notices: Statewide 

This is the IDEM Public Notice Site for notices covering the entire State of Indiana. This page is designed to provide 

public access to all agency state-wide public notices as required by statute or rule including: permitting, rulemaking, meeting and hearing notices. Click highlighted links to view additional information related to the notice. 

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Statewide 
Legal Notice of Public 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 of the 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 of the 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 Department of Environmental Management, Office of Legal Counsel, Indiana 

Government Center-Nmih, 100 North Senate Avenue, 13th Floor, Indianapolis, Indiana 46204. 

Indiana Department of Environmental Management, Northwest Office, 330 West US 

Highway 30~ Suites E and F, Valparaiso, IN 46385. 

Indiana Depruiment of Environmental Management, Nmihern Office, Suite 450, 300 N. 

Michigan Street, South Bend,. Indiana 46601. 

Indiana Department of Environmental Management, Southwest Office, 1120 Nmih 

Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. 

Indiana Department of Environmental 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 program rules are noticed for hearing and action: 

Walsh and Kelly S02 Limits. LSA #14-256. 

The purpose of this 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 of the most recently published version of this rule is 

available at: http://www.in.gov/idem/5679.htm. 

For additional information concerning this rule contact Susan Bern at the Indiana 

Depruiment of Environmental Management, Office of Legal 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 of this hearing is to receive public comment prior to preliminary adoption of 

amendments to 326 lAC 8-12-4 concerning the revision of a yolatile 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 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 of the most recently published 

version of this 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 of Environmental Management, Office of Legal 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 of this 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 Plan required by the Clean Air Act. A copy of the 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 of Environmental 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 #11-3 56. 

The purpose of this hearing is to receive public comment prior to preliminary adoption of 

atnendments to 326 lAC 7 concerning the addition of sulfur 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 Plan required by the Clean Air Act. 

A copy of the most recently published version of this 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 of Legal 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. 

For these hearings, oral statements will be heard, but for the accuracy of the record, 

please submit statements in writing to the attendant designated to receive written comments at · 

the public hearing. 

A transcript of the hem·ings and all written submissions to the board at the public hearing 

shall be open to public inspection at the Indiana Department of Environmental Management; 
copies may be made available to any person upon payment of reproduction costs. Any person 

heard or represented at the hearings or requesting notice shall be given written notice of the 

actions of the board. 

Christine Pedersen, Chief 

Rules Development Section 

Office of Legal Counsel 

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

Individuals requiring reasonable accommodations for participation in this event should contact 

the Indiana Department of Environmental Management, Americans with Disabilities Act 

coordinator at: 

Attn: ADA Coordinator 

Indiana Depatiment of Environmental 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 1-800-7 43-3 3 33. Please provide a minimum of 72 hours' notification. 
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers 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 

February 3, 2015 

CERTIFICATE OF PUBLICATION 

This is to celiify that the Indiana Depaliment of Environmental 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 

• Final Adoption, Shipbuilding & Ship Repair, LSA #14-441 

• Final Adoption, Paliiculate Matter Emission Limits, LSA #12-520 

• Preliminary Adoption, S02 EmissionLimits, LSA#ll-356 

was published on IDEM's web site on or before Februrn.y 6, 2015. It will re.rnain posted on the 

site until atleast March 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 of the notice was. at the request of Cln·istine Pedersen, Section Chief, Rule 

Development Section, Office ofLegal Counsel, IDEM .. 

Attachments: 

Copy of web page as published. 

An Equal Opportunity Employer 

By: 

Mike Finkels~ein 

IDEMWebmaster 

0 

A State that Works 

- @ Recycled Paper 
fir IDEM Hame 

A!Joet 

e-SeJiVlces Public Moti·ces: Statewide 

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News and E\lents This is the IDEM Pub lie Notiee Site fer rrotices covei:ill!l the entire State oHndiana This page is designed to prwide 

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Ilillfo[matioot Abo.ut 

Yom Environment 

All'Uuafi!Y 

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crAP: Compliance amlTethnical .Ass!staru:l! Pl:O!lfam 

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Statewide 

Name or facmty Aildiliona& Jnformalion 

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;·:c- 
Legal Notice of Public 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 of the 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 of the 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 of Environmental Management, Office of Legal Counsel, Indiana 

Government Center-Nmih, 100 North Senate Avenue, 13th Floor, Indianapolis, Indiana 46204. 

Indiana Department of Environmental Management, Northwest Office, 330 West US 

Highway 30, Suites E and F, Valparaiso, IN 46385. 

Indiana Depmiment of Environmental 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 of this 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 of the most recently published version of this rule is 

available at: http://www.in.gov/idem/5679.htm. 

For additional information concerning this rule contact Susan Bern at the Indiana 

Department of Environmental Management, Office of Legal 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 of this hearing is to receive public comment prior to final adoption of 

amendments to 326 lAC 8-12-4 conceming the revision of a 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 of the most recently published 

version of this mle is available at: http://www.in.gov/idem/5679.htm. 

For additional information conceming this mle contact Susan Bern at the Indiana 

Department of Environmental Management, Office of Legal 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 of this 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 of the most recently 

published version of this 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 of Legal 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 of this hearing is to receive public comment prior to preliminary adoption of 

amendments to 326 lAC 7 conceming the addition of sulfur 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 of the most recently published version of this rule is available at: 

http://www.in.gov/idem/5679.htm. 

For additional information conceming this rule contact Susan Bern at the Indiana 

Depmiment of Environmental Management, Office of Legal Counsel, Indiana Govemment 

Center N01ih, 100 North Senate A venue, 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 of the record, 

please submit statements in writing to the attendant designated to receive written comments at 

the public hearing. 

A transcript of the hearings and all written submissions to the board at the public hearing 

shall be open to public inspection at the Indiana Depmiment of Environmental Management; 
copies may be made available to any person upon payment of reproduction costs. Any person 

heard or represented at the hearings or requesting notice shall be given written notice of the 

actions of the board. 

Christine Pedersen, Chief 

Rules Development Section 

Office of Legal Counsel 

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

Individuals requiring reasonable accommodations for participation in this event should contact 

the Indiana Department of Environmental Management, Americans with Disabilities Act 

coordinator at: 

Attn: ADA Coordinator 

Indiana Depmiment of Environmental Management 

100 N. Senate A venue 

Indianapolis, IN 46204 

or call (317) 23 3-1 7 85. 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. 
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--= .../ \ 

"'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 

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--

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 

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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. 

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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. 
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CHAIRMAN GARD: Beverly Gard, general 

public. 

MS. BOYDSTON: 

manufacturing. 

MS. FISHER: 

Gail Boydston, 

Pam Fisher, proxy, 

Secretary of Commerce Victor Smith. 

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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. 
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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 

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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. 

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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 Lake 
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County are required to burn natural gas unless 

specifically regulated by a source specific 

emission limit listed in the rule. 

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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 a 
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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. 

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DR. ALEXANDROVICH: Okay. But not 

So 1 the S02 is 

MS. BEM: I'm sorry. For S02 , 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. 

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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. 

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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? 

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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. 
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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. 

18 Susan Bern. 

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 
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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. 

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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., 

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12 Notary Public in and 

13 for the State of Indiana. 

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15 My Commission expires October 27, 2016. 

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Bold =new language 

Strikeout= existing language deleted in this rulemaking 

TITLE 326 AIR POLLUTION 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 

First Notice of Comment Period: July 23, 2014, Indiana Register (DIN: 20140723-IR326140256FNA). . 

SecondNoti9e of Comment Period: October 15,2014, IndiariaRegister (DIN: 

20141015-IR-326140256SNA). 

Notice of First Hearing: October 15, 2014, Indiana Register (DIN: 20141015-IR326140256PHA). 

Date of First 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 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-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) 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 lAC 7-4.1-2l;filed 

May 25, 2005, 10:50 a.m.: 28 IR 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 1 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Notice of Public 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 of this hearing ts to receive comments from the public prior to final adoption of these rules by 

the board. All interested persons 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 of the record, all 

comments should be submitted in writing. 

Additional information regarding this action may be obtained from Susan Bern, Rules Development Branch, 

Office of Legal Counsel, (317) 233-5697 or (BOO) 451-6027 (in Indiana). 

Individuals requiring reasonable accommodations for participation in this event should contact the Indiana 

Department of Environmental Management, Americans with Disabilities Act coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

Indiana Government Center North 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

or call (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 of 72 hours notification. 

Copies of these rules are now on file at the Rules Development Branch, Office of Legal Counsel, Indiana 

Department of Environmental 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 for public inspection. 

Nancy King, Chief 

Rules Development Branch 

Office of Legal Counsel 

Posted: 02104/2015 by Legislative Services Agency 

An html version of this document. 

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

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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 

1 (No response.) 

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 AIR POLLUTION 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 

First Notice of Comment Period: July 23, 2014, Indiana Register (DIN: 20140723-IR326140256FNA). 

Seeond Notice of Comment Period: October 15, 2014, Indiana Register (DIN: 

20141015-IR-326140256SNA). 

Notice ofFirst Hearing: October 15,2014, Indiana Register (DIN: 20141015-IR326140256PHA). 

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-IR326140256PHA). 

Date of Second 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 Identification Number 03215, shall comply with the 

sulfur dioxide emission limits for the aggregate dryer of less than: 

(1) twenty-fiv.e (25) tons per year; and 

(2) forty-two (42) pounds per hour. 

(b) The input of re-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 of forty-five hundredths 

percent (0.45%) for re-refmed waste oil. (Air Pollution. Control Division; 326 lAC 7-4.1-21; filed 

May 25, 2005, 10:50 a.m.: 28 IR 2965) ··. 

~ 

. t/A ))