IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Michael R. Pence 

Governor 

Ms. Susan Hedman 

Regional Administrator 

U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov 

January 22, 2014 

Thomas W. Easterly 

Con1111issimier 

Re: State Implementation Plan Submittal for 

Indiana Regarding 326 lAC 3-5-1(b)(6)(A); Sewage 

Sludge Incinerator Monitoring (LSA #13-215) 

Dear Ms. Hedman: 

Pursuant to Section 110 of the 1990 '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). IDEM requests review and approval into the SIP of 

amendments to Indiana's compliance monitoring rules at 326 lAC 3-5-1(b)(6)(A) in regards to 

sewage sludge incinerators (LSA #13-215). · 

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 ofthis state implementation plan 

submission, a list of supporting documents is attached. 

Throughout the development of these amendments to the existing rule, staff of the Office 

of Legal Counsel worked with your staff to ensure that any potential problems that might exist 

with this requested SIP revision would be resolved. I request that U.S. EPA approve 326 lAC 3-

5-1(b)(6)(A) into Indiana's SIP. If you have any questions regarding this submittal, please 

contact Mike Dalton, Rule Suppmi Section Chief, Office of Legal Counsel at (317) 232-8884. 

NK/sb 

Attachments: Supporting Documents 

cc: Pam Blakely, U.S. EPA Region 5 (no enclosures) 

Steve Rosenthal, U.S. EPA Region 5 (no enclosures) 

Christine Pedersen, IDEM (no enclosures) 

SIP file 

An Equal Opportunity Employer 0 

A State that~ @ Recycled Paper 

Supporting Documents- LSA Document #13-215 

Attachment A: Administrative Checklist ( 40 CFR 51, Appendix V) 

Attachment B: Final Rule. LSA Document #13-215(F) as posted in the Indiana Register on 

January 15, 2014 (DIN: 20140115-IR-326130215FRA) 

Attachment C: Signature Page 

Attachment D: Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and 

Second Notice of Comment Period, including the Notice of Public Hearing, as posted in the 

Indiana Register on June 5, 2013 (DIN: 20130605-IR-326130215FDA) 

Attachment E: Cetiificates of Web Publication (Notice of Public Hearings) 

Attachment F: Transcript ofFirst Public Hearing held on August 14, 2013 

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

Register on August 28, 2013 (DIN: 20130828-IR-326130215PRA) 

Attachment H: Transcript of Second Public Hearing held on October 9, 2013 

ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 

1. The submittal is accompanied by a formal letter of submittal from the 

governor or his designee. 

2. Evidence that the State has adopted the plan in the State code or body 

of regulations; or issued the permit, order, consent agreement 

(document"); in final form. 

a. Date of adoption or final issuance: 

b. The effective date of the plan, if different from the adoption/ 

issuance date. 

3. Evidence that the State has the necessary legal authority under state 

law to adopt and implement the plan. 

4. A copy of the actual regulation or document submitted for 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. 

Enclosed 

Signature Page 

(Attachment C) 

Date of Sec. of State 

(December 16, 2013) 

30 days after filing 

(January 15, 2014) 

IC 13-14-8 

Indiana Admin. Code 

(Attachment B) 

Signature Page 

(Attachment C) 

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

publication. 

X Certificates of Web Publication --

_X_Notices of First and Second Public Hearings (Indiana Register) 

7. Certification 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 (Section 7) 

_X_ Proposed Rule 

Attachments F, H 

Attachment D 

Attachment G 

Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Final Rule 

LSA Document #13-215(F) 

DIGEST 

Amends 326 lAC 3-5-1 concerning sewage sludge incinerators and carbon monoxide monitoring. Effective 30 

days after filing with the Publisher. 

HISTORY 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Second Notice of Comment 

Period: June 5, 2013, Indiana Register (DIN: 20130605-IR-326130215FDA). 

Notice of First Hearing: June 5, 2013, Indiana Register (DIN: 20130605-IR-326130215PHA). 

Date of First Hearing: August 14, 2013. 

Proposed Rule: August 28, 2013, Indiana Register (DIN: 20130828-IR-326130215PRA). 

Notice of Second Hearing: August 28, 2013, Indiana Register (DIN: 20130828-IR-326130215PHA). 

Date of Second Hearing: October 9, 2013. 

326 lAC 3-5-1 

SECTION 1. 326 lAC 3-5-1 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 3-5-1 Applicability; continuous monitoring requirements for applicable pollutants 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-14-4-3; IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to the following sources or emissions units to determine compliance with an 

emission limitation or standard: 

(1) Any emissions unit required to perform continuous monitoring under 326 lAC 12. 

(2) Fossil fuel-fired steam generators of greater than one hundred million (100,000,000) British thermal units 

(Btu) per hour heat input capacity. 

(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity. 

(4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty 

thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity. 

(5) Portland cement plants. 

(6) Sources or emissions units that combust sewage sludge. 

(7) Sources or emissions units making coke from raw materials, including the following: 

(A) Coal refining byproducts. 

(B) Petroleum refining byproducts. 

(8) Emissions units in Clark and Floyd Counties that: 

(A) have potential to emit nitrogen oxides (NO ) of greater than or equal to forty (40) tons per year; and 

(B) are located at sources that have potential fo emit NO of greater than or equal to one hundred (100) tons 

per year as described in 326 lAC 10. x 

(9) Any emissions unit required to monitor under subsection (c). 

(b) Owners and operators of sources or emissions units described in subsection (a) are subject to the 

following requirements: 

(1) Any emissions unit subject to 326 lAC 12 shall comply with the following: 

(A) The monitoring and reporting requirements as specified for the applicable rule. 

(B) All requirements of this rule. 

(2) The owner or operator of a fossil fuel-fired steam generator of greater than one hundred million 

(1 00,000,000) Btu per hour heat input capacity shall continuously monitor the following: 

(A) Opacity, unless one (1) of the following occurs: 

(i) Gaseous fuel is the only fuel combusted. 

(ii) Oil or a mix of gas and oil are the only fuels combusted and the emissions unit is able to comply with 

both of the following rules without using particulate matter collection equipment: 

(AA) 326 lAC 5-1. 

(BB) 326 lAC 6-2. 

(iii) An alternative monitoring requirement request has been granted by the department and approved by 

Date: Jan 15,2014 3:36:47PM EST DIN: 20140115-IR-326130215FRA Page 1 
Indiana Register 

U.S. EPA. The owner or operator may request an alternative monitoring requirement when installation of 

an opacity monitoring system would not provide accurate determinations of emissions as a result of 

interference from condensed uncombined water vapor. Any alternative monitoring requirement request 

shall address the following: 

(AA) Information pertaining to the inability of the affected emissions unit to find an acceptable monitoring 

location prior to the source of the condensed, uncombined water vapor. 

(BB) A list of proposed alternative monitoring requirements. For each proposed alternative monitoring 

requirement, the request must provide a detailed description of thresholds or triggers for corrective action 

resulting from deviation from normal operating parameters and how deviations from key surrogate 

parameters shall be addressed to ensure continuous compliance with all applicable particulate and 

opacity requirements. An example of an acceptable alternative monitoring requirement is a particulate 

compliance demonstration that is performed at least annually, in accordance with 326 lAC 3-6 and a 

compliance monitoring plan that, at a minimum, satisfies monitoring requirements under 326 lAC 2-7 or 

3261AC 2-8. 

(CC) Record keeping that is consistent with section 6 of this rule. 

(DO) Reporting frequency that is no less frequent than that required in section 7 of this rule. 

(iv) An alternative monitoring requirement request granted by the department under item (iii) shall be 

submitted to U.S. EPA as a state implementation plan (SIP) revision and shall not be in effect until 

approved as a SIP revision. 

(B) Sulfur dioxide (S02

) under the following conditions: 

(i) S02 pollution control equipment has been installed. 

(ii) A monitor is required to determine compliance with either: 

(AA) 326 lAC 12; or 

(BB) a new construction permit or operating permit required under 326 lAC 2. 

(C) Nitrogen oxide (NO ) under the following conditions: 

(i) NO pollution contrSI equipment has been installed. 

(ii) A rflonitor is required to determine compliance with either: 

(AA) 326 lAC 12; or 

(BB) a new construction permit or operating permit required under 326 lAC 2. 

(D) The percent oxygen (0 ) or carbon dioxide (C02

) if measurements of 0 2 or C02 in the flue gas are 

required to convert either SD2 or NO continuous monitoring data, or both, to units of the emission limitation 

for the particular emissions unit. x 

(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity shall monitor 

SO for each sulfuric acid producing emissions unit within the source. 

(4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty 

thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity shall 

monitor opacity for each regenerator within the source. 

(5) Portland cement plants shall monitor opacity at the following emissions units: 

(A) Kilns. 

(B) Clinker coolers. 

(6) Sources or emissions units that combust sewage sludge shall monitor from the effluent gas exiting the 

incinerator the following: 

(A) Total hydrocarbons, unless the following conditions are met: 

(i) The exit gas from the sewage sludge incinerator stack is monitored continuously for carbon 

monoxide (CO). 

(ii) The monthly average concentration of CO in the exit gas from the sewage sludge incinerator 

stack, corrected for zero percent (0%) moisture and to seven percent (7%) oxygen, does not exceed 

one hundred (100) parts per million on a volumetric basis. 

(B) Oxygen. 

(C) Moisture, unless an alternative method is approved by the department and the U.S. EPA. 

(D) Temperature. 

(7) Sources or emissions units making coke from coal shall monitor opacity on the underfire stack associated 

with each coke oven battery. 

(8) Emissions units in Clark and Floyd counties that have potential to emit NO greater than or equal to forty 

(40) tons per year and are located at sources that have potential to emit NO greater than or equal to one 

hundred (100) tons per year shall install NO continuous emission monitors §s described in 326 lAC 10-1. X 

(c) Upon approval by the department, the owner or operator of an emissions unit required to continuously 

monitor opacity under this section may be exempted from the requirement to install, certify, and operate a COMS 

if: 

Date: Jan 15,2014 3:36:47PM EST DIN: 20140115-IR-326130215FRA Page 2 
Indiana Register 

(1) a particulate GEMS for measuring PM emissions is used to demonstrate continuous compliance with any 

applicable emissions limitation; and 

(2) the particulate GEMS is installed, certified, operated, and maintained on the affected source in accordance 

with the requirements of Performance Specification 11 (PS-11 )*and Procedure 2 of 40 CFR 60, Appendix F*. 

{d) The department may require, as a condition of a construction or operating permit issued under 326 lAC 2-

U. 326 lAC 2-2, 326 lAC 2-3, 326 lAC 2-7, 326 lAC 2-8, or 326 lAC 2-9 that the owner or operator of a new or 

existing source of air emissions monitor emissions to ensure compliance with the following: 

( 1) An emission limitation or standard established in one ( 1) of the permits listed in this subsection. 

(2) Permit requirements. 

(3) Monitoring requirements in 326 lAC 7. 

(e) Unless explicitly stated otherwise, nothing in this rule shall: 

(1) excuse the owner or operator of a source or emissions unit from any monitoring, record keeping, or 

reporting requirement that applies under any provision of the CAA or state statutes or rules; or 

(2) restrict the authority of the department to impose additional or more restrictive monitoring, record keeping, 

testing, or reporting requirements on any owner or operator of a source or emissions unit under any other 

provision of the CAA, including Section 114(a)(1 ), or state statutes or rules, as applicable. 

(f) All continuous monitoring systems shall be installed and operational and have the certification testing 

complete under section 3 of this rule within one hundred eighty ( 180) days of start-up of the emissions unit. 

*These documents are incorporated by reference. Copies of these documents may be obtained from the 

Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review 

and copying at the Indiana Department of Environmental Management, Office of /\ir Quality, Legal Counsel, 

Indiana Government Center North, +eA#t Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 

46204. 

(Air Pollution Control Division; 326 lAC 3-5-1; filed Jan 30, 1998, 4:00p.m.: 21 IR 2064; filed Dec 20, 2001, 4:30 

p.m.: 251R 1596; errata filed Jan 7, 2002, 2:20p.m.: 251R 1644; filed Aug 11, 2011, 1:54 p.m.: 

20110907-IR-326050330FRA; filed Dec 16, 2013, 9:16a.m.: 20140115-IR-326130215FRA) 

LSA Document #13-215(F) 

Proposed Rule: 20130828-IR-326130215PRA 

Hearing Held: October 9, 2013 

Approved by Attorney General: December 4, 2013 

Approved by Governor: December 16, 2013 

Filed with Publisher: December 16, 2013, 9:16a.m. 

Documents Incorporated by Reference: None Received by Publisher 

Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulator Coordinator, 

MC 60-041GCS W041, 402 West Washington Street, Indianapolis, IN 46204-2251, (317) 232-8172 or (BOO) 

988-7901, ctap@idem.in.gov 

Small Business Assistance Program Ombudsman: Steven N. Howell, IDEM Small Business Assistance Program 

Ombudsman, MC 50-011GCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8587 or 

(800) 451-6027, snhowell@idem.in.gov 

Posted: 01/15/2014 by Legislative Services Agency 

An html version of this document. 

Date: Jan 15,2014 3:36:47PM EST DIN: 20140115-IR-326130215FRA Page 3 

Rule Signature Page 

Rule#: 

Agency: 

LSA Document#13-215(F) 

Environmental Rules Board 

Subject: Sewage Sludge fucinerators and Monitoring at 326 lAC 3-5-1 

ADOPTED: 

By:~~ Date:!-¢'~ 

Chairperson, Environmental Rules Board 

Date;~ 

APPROVED: 

By·~/7 -~ _•L_ /) fl. ~~ .... Date: }?J1t1 10 ~~ 9 

Governor, State of fudiana 

ACCEPTED FOR FILING: 

By: -- TITLE 326 AIR POlLUTION CONTROL DIVISION 

fuc 

Le, LSA Document# 13-215(FR) 

Filed with fublisher: December 16. 2013, 9: l6 a.m. 

By: Sgb 

( 

Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

FINDINGS AND DETERMINATION OF THE COMMISSIONER 

PURSUANT TO IC 13-14-9-7 AND SECOND NOTICE OF COMMENT PERIOD 

LSA Document #13-215 

SEWAGE SLUDGE INCINERATORS AND CARBON MONOXIDE MONITORING 

PURPOSE OF NOTICE 

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for an 

amendment concerning sewage sludge incinerators and carbon monoxide (CO) monitoring. The purpose of this 

notice is to seek public comment on the draft rule, including suggestions for specific language to be included in 

the rule. I OEM seeks comment on the affected citations listed and any other provisions cif Title 326 that may be 

affected by this rulemaking. 

CITATIONS AFFECTED: 326 lAC 3-5-1. 

AUTHORITY: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11. 

STATUTORY REQUIREMENTS 

IC 13-14-9-7 recognizes that under certain circumstances it may be appropriate to reduce the number of 

public comment periods routinely provided. In cases where the commissioner determines that the rulemaking 

policy alternatives available to IDEM are so limited that the notice of first public comment period would provide no 

substantial benefit to the environment or persons to be regulated or otherwise affected by the proposed rule, 

IDEM may forgo this comment period and proceed directly to the notice of second public comment period. 

If the commissioner makes the determination of limited rulemaking policy alternatives required by IC 13-14-9-

z. the commissioner shall prepare written findings and include them in the second notice of public comment 

period published in the Indiana Register. This document constitutes the commissioner's written findings pursuant 

to IC 13-14-9-7. 

The statute provides for this shortened rulemaking process if the commissioner determines that "the 

rulemaking policy alternatives available to the department are so limited that the public notice and comment 

period under (IC 13-14-9-3) ... would provide no substantial benefit to: 

(1) the environment; or 

(2) persons to be regulated or otherwise affected by the proposed rule." 

BACKGROUND 

IDEM recently adopted federal standards for sewage sludge incineration for existing units (40 CFR 60, 

Subpart MMMM) at 326 lAC 11-10 and new and modified units (40 CFR 60, Subpart LLLL) at 326 lAC 12. IDEM 

incorporates by reference all new source performance standards (NSPS) at 326 lAC 12. Both of these rules 

require monitoring for carbon monoxide (CO) with the standard for existing units requiring an annual CO test and 

the NSPS requiring continuous emissions monitoring (CEM) for CO. CEM requirements for sewage sludge 

incineration units at 326 lAC 4-5-1(b)(6) require total hydrocarbon (THC) monitoring. In addition, similar 

requirements are set forth in federal Clean Water Act rules at 40 CFR 503 (Standards for the Use or Disposal of 

Sewage Sludge). The federal rule at 40 CFR 503, Subpart E requires THC monitoring unless the stack is 

monitored continuously for CO. According to the preamble of 40 CFR 60, Subpart MMMM and Subpart LLLL 

(October 14, 2010, 75 Federal Register (FR) 63260) CO monitors cost less and are easier to maintain and keep 

on-line than THC monitors. 

In this rulemaking, IDEM is proposing to adopt language that allows CEM monitoring for THC or CO similar to 

the language that is provided in federal rules at 40 CFR 503, Subpart E. This option is necessary now that 40 

CFR 60, Subpart MMMM and Subpart LLLL require monitoring for CO and not THC. Adoption of such language 

will ensure that compliance with all applicable requirements is achieved in the most efficient way possible and is 

consistent with federal requirements. IDEM is requesting comment on the proposed amendments and any other 

provisions. of Title 326 that may be affected by this 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 

There is no negative fiscal impact associated with this rulemaking. This rulemaking will reduce costs for 

sewage sludge incinerator operators that are required to monitor CO under the sewage sludge incineration NSPS 

because they will no longer have to monitor for both THC and CO. 

Public Participation and Work Group Information 

Date: Jun 06,2013 7:58:13AM EDT DIN: 20130605-IR-326130215FDA Page 1 
Indiana Register 

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, Rule Development Section, Office of Legal 

Counsel at (317) 233-5697 or (800) 451-6027 (in Indiana). 

Small Business Assistance Information 

IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program 

provides assistance to small businesses and information regarding compliance with environmental regulations. In 

accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide 

a point of contact for small businesses affected by environmental regulations. Information on the CT AP program, 

the monthly CTAP newsletter, and other resources available can be found at: 

www.in.gov/idem/ctap 

Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: 

Jessica Faust-Hamblin 

IDEM Small Business Regulatory Coordinator 

MC 60-04 IGCS W041 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(317) 232-8172 or (800) 988-7901 

ctap@idem .in .gov 

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is: 

Eric P. Shields 

Indiana Economic Development Corporation 

One North Capitol, Suite 700 

Indianapolis, IN 46204 

(317) 234-3997 

smallbizombudsman@iedc.in.gov 

Resources available to regulated entities through the small business ombudsman include the ombudsman's 

duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter 

regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as 

a party to a proceeding or as a mediator. 

The Small Business Assistance Program Ombudsman is: 

Brad Baughn 

IDEM Small Business Assistance Program Ombudsman 

MC 50-01 IGCN 1301 

1 00 North Senate Avenue 

Indianapolis, IN 46204-2251 

(317) 234-3386 or (800) 451-6027 

bbaughn@idem.in.gov 

FINDINGS 

The commissioner of IDEM has prepared written findings regarding a rulemaking to amend continuous 

monitoring requirements concerning sewage sludge incinerators. These findings are prepared under IC 13-14-9-7 

and are as follows: 

(1) This rulemaking is consistent with federal requirements for sewage sludge incineration. 

(2) I have determined that under the specific circumstances pertaining to this rule, the rulemaking policy 

alternatives are so limited that the public notice and comment period provided in the notice of first public 

comment period would provide no substantial benefit to the environment or to persons to be regulated or 

otherwise affected by the rule. 

(3) The draft rule is hereby incorporated into these findings. 

Thomas W. Easterly 

Commissioner 

Indiana Department of Environmental Management 

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 #13-215 Sewage Sludge Incineration CO CEMS 

Susan Bem 

Rule Development Section/Office of Legal Counsel 

Date: Jun 06,2013 7:58:13AM EDT DIN: 20130605-IR-326130215FDA Page2 
Indiana Register 

Indiana Department of Environmental Management 

100 North Senate Avenue 

Mail Code 61-49 

Indianapolis, IN 46204-2251 

(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rule 

Development Section at (317) 233-8903. 

(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 email 

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, in order 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 no later than July 5, 2013. 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 Bern, Rule Development Section, 

Office of Legal Counsel, (317) 233-5697 or (800) 451-6027 (in Indiana). 

DRAFT RULE 

SECTION 1. 3261AC 3-5-11S AMENDED TO READ AS FOLLOWS: 

326 lAC 3-5-1 Applicability; continuous monitoring requirements for applicable pollutants 

Authority: IC 13-14-8; IC 13-17 -3-4; IC 13-17-3-11 

Affected: IC 13-14-4-3; IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to the following sources or emissions units to determine compliance with an 

emission limitation or standard: 

(1) Any emissions unit required to perform continuous monitoring under 326 lAC 12. 

(2) Fossil fuel-fired steam generators of greater than one hundred million (100,000,000) British thermal units 

(Btu) per hour heat input capacity. 

(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity. 

(4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty 

thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity. 

(5) Portland cement plants. 

(6) Sources or emissions units that combust sewage sludge. 

(7) Sources or emissions units making coke from raw materials, including the following: 

(A) Coal refining byproducts. 

(B) Petroleum refining byproducts. 

(8) Emissions units in Clark and Floyd Counties that: 

(A) have potential to emit nitrogen oxides (NO ) of greater than or equal to forty (40) tons per year; and 

(B) are located at sources that have potential fo emit NO of greater than or equal to one hundred (1 00) tons 

per year as described in 326 lAC 10. x 

(9) Any emissions unit required to monitor under subsection (c). 

(b) Owners and operators of sources or emissions units described in subsection (a) are subject to the 

following requirements: 

( 1) Any emissions unit subject to 326 lAC 12 shall comply with the following: 

(A) The monitoring and reporting requirements as specified for the applicable rule. 

(B) All requirements of this rule. 

(2) The owner or operator of a fossil fuel-fired steam generator of greater than one hundred million 

(100,000,000) Btu per hour heat input capacity shall continuously monitor the following: 

(A) Opacity, unless one (1) of the following occurs: 

(i) Gaseous fuel is the only fuel combusted. 

(ii) Oil or a mix of gas and oil are the only fuels combusted and the emissions unit is able to comply with 

both of the following rules without using particulate matter collection equipment: 

Date: Jun 06,2013 7:58:13AM EDT DIN: 20130605-IR-326130215FDA Page 3 
( 

Indiana Register 

(AA) 326 lAC 5-1. 

(BB) 326 lAC 6-2. 

(iii) An alternative monitoring requirement request has been granted by the department and approved by 

U.S. EPA. The owner or operator may request an alternative monitoring requirement when installation of 

an opacity monitoring system would not provide accurate determinations of emissions as a result of 

interference from condensed uncombined water vapor. Any alternative monitoring requirement request 

shall address the following: 

(AA) Information pertaining to the inability of the affected emissions unit to find an acceptable monitoring 

location prior to the source of the condensed, uncombined water vapor. 

(BB) A list of proposed alternative monitoring requirements. For each proposed alternative monitoring 

requirement, the request must provide a detailed description of thresholds or triggers for corrective action 

resulting from deviation from normal operating parameters and how deviations from key surrogate 

parameters shall be addressed to ensure continuous compliance with all applicable particulate and 

opacity requirements. An example of an acceptable alternative monitoring requirement is a particulate 

compliance demonstration that is performed at least annually, in accordance with 326 lAC 3-6 and a 

compliance monitoring plan that, at a minimum, satisfies monitoring requirements under 326 lAC 2-7 or 

3261AC 2-8. 

(CC) Record keeping that is consistent with section 6 of this rule. 

(DO) Reporting frequency that is no less frequent than that required in section 7 of this rule. 

(iv) An alternative monitoring requirement request granted by the department under item (iii) shall be 

submitted to U.S. EPA as a state implementation plan (SIP) revision and shall not be in effect until 

approved as a SIP revision. 

(B) Sulfur dioxide (SO) under the following conditions: 

(i) S02 pollution control equipment has been installed. 

(ii) A monitor is required to determine compliance with either: 

(AA) 326 lAC 12; or 

(BB) a new construction permit or operating permit required under 326 lAC 2. 

(C) Nitrogen oxide (NO ) under the following conditions: 

(i) NO pollution contrSI equipment has been installed. 

(ii) A rflonitor is required to determine compliance with either: 

(AA) 326 lAC 12; or 

(BB) a new construction permit or operating permit required under 326 lAC 2. 

(D) The percentoxygen (0 ) or carbon dioxide (C02

) if measurements of 0 2 or C02 in the flue gas are 

required to convert either S02 or NO continuous monitoring data, or both, to units of the emission limitation 

for the particular emissions unit. x 

(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity shall monitor 

SO for each sulfuric acid ·producing emissions unit within the source. . 

(4) f>etroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty 

thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity shall 

monitor opacity for each regenerator within the source. 

(5) Portland cement plants shall monitor opacity at the following emissions units: 

(A) Kilns. 

(B) Clinker coolers. 

(6) Sources or emissions units that combust sewage sludge shall monitor from the effluent gas exiting the 

incinerator the following: 

(A) Total hydrocarbons, unless the following conditions are met: 

(i) The exit gas from the sewage sludge incinerator stack is monitored continuously for carbon 

monoxide (CO). 

(ii) The monthly average concentration of CO in the exit gas from the sewage sludge incinerator 

stack, corrected for zero percent (0%) moisture and to seven percent (7%) oxygen, does not exceed 

one hundred (1 00) parts per million on a volumetric basis. 

(B) Oxygen. . 

(C) Moisture, unless an alternative method is approved by the department and the U.S. EPA. 

(D) Temperature. 

(7) Sources or emissions units making coke from coal shall monitor opacity on the underfire stack associated 

with each coke oven battery. 

(8) Emissions units in Clark and Floyd counties that have potential to emit NO greater than or equal to forty 

(40) tons per year and are located at sources that have potential to emit NO greater than or equal to one 

hundred (100) tons per year shall install NO continuous emission monitors ~s described in 326 lAC 10-1. X 

Date: Jun 06,2013 7:58:13AM EDT DIN: 20130605-IR-326130215FDA Page4 
Indiana Register 

(c) Upon approval by the department, the owner or operator of an emissions unit required to continuously 

monitor opacity under this section may be exempted from the requirement to install, certify, and operate a COMS 

if: 

(1) a particulate GEMS for measuring PM emissions is used to demonstrate continuous compliance with any 

applicable emissions limitation; and 

(2) the particulate CEMS is installed, certified, operated, and maintained on the affected source in accordance 

with the requirements of Performance Specification 11 (PS-11 )*and Procedure 2 of 40 CFR 60, Appendix F*. 

(d) The department may require, as a condition of a construction or operating permit issued under 326 lAC 2-

.1..1. 326 lAC 2-2, 326 lAC 2-3, 326 lAC 2-7, 326 lAC 2-8, or 326 lAC 2-9 that the owner or operator of a new or 

existing source of air emissions monitor emissions to ensure compliance with the following: 

(1) An emission limitation or standard established in one (1) of the permits listed in this subsection. 

(2) Permit requirements. 

(3) Monitoring requirements in 326 lAC 7. 

(e) Unless explicitly stated otherwise, nothing in this rule shall: 

(1) excuse the owner or operator of a source or emissions unit from any monitoring, record keeping, or 

reporting requirement that applies under any provision of the CAA or state statutes or rules; or 

(2) restrict the authority of the department to impose additional or more restrictive monitoring, record keeping, 

testing, or reporting requirements on any owner or operator of a source or emissions unit under any other 

provision of the CAA, including Section 114(a)(1 ), or state statutes or rules, as applicable. 

(f) All continuous monitoring systems shall be installed and operational and have the certification testing 

complete under section 3 of this rule within one hundred eighty (180) days of start-up of the emissions unit. 

*These documents are incorporated by reference. Copies of these documents may be obtained·from the 

Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review 

and copying at the Indiana Department of Environmental Management, Office of /\ir Quality, Legal Counsel, 

Indiana Government Center North, =!=ef:l.tR Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 

46204. 

(Air Pollution Control Division; 3261AC 3-5-1: filed Jan 30, 1998, 4:00p.m.: 211R 2064; filed Dec 20, 2001, 4:30 

p.m.: 251R 1596; errata filed Jan 7, 2002, 2:20p.m.: 251R 1644; filed Aug 11, 2011, 1:54 p.m.: 

2011 0907-IR-326050330FRA) 

Notice of Public Hearing 

Posted: 06/05/2013 by Legislative Services Agency 

An html version of this document. 

Date: Jun 06,2013 7:58:13AM EDT DIN: 20130605-IR-326130215FDA Page 5 

( 

( 

( 

. Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Notice of Public Hearing 

Notice of Public Hearing 

LSA Document #13-215 

Under IC 4-22-2-24. IC 13-14-8-6. and IC 13-14-9. notice is hereby given that on August 14, 2013, 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 3261AC 3-5-1 

concerning sewage sludge incinerators and carbon monoxide (CO) monitoring. 

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 

view 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, Rule Development Branch, 

Office of Legal Counsel, (317) 233-5697 or (800) 451-6027 (in Indiana). 

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

Department of Environmental Management, Ar:nericans 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) 233-1785 (V). Speech and hearing impaired callers may contact IDEM via the Indiana Relay Service 

(711) or (800) 743-3333. Please provide a minimum of 72 hours notification. 

Copies of these rules are now on file at the Rule 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 

Rule Development Branch 

Office of Legal Counsel 

Posted: 06/05/2013 by Legislative Services Agency 

An html version of this document. 

Date: Jun 06,2013 7:56:02AM EDT DIN: 20130605-IR-326130215PHA 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 

July 11, 2013 

CERTIFICATE OF PUBLICATION 

This is to certify that the Indiana Department ofEnviromnental Management (IDEM) Notice of 

Public Hearings for the Enviromnental Rules Board Meeting, 08/14/2013, regarding the 

following rulemaking actions: 

• Final Adoption, PM2.5 Ozone Designations, LSA #13-164 

• Final Adoption, Minor New Source Review, LSA #11-747 

• Final Adoption, Permits and National Ambient Air Quality Standards Protection, LSA 

#12-500 

• Preliminary Adoption, Sewage Sludge Incineration and Carbon Monoxide Monitoring, 

LSA#l3-215 

were published on IDEM's web site on July 10, 2013. It will remain posted on the site until at 

least August 14, 2013. 

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 

0 

A State that Works 

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This is the IDEM Public Notice Site for notices coveringthe£nfire State of Indiana This page is designed to provide public access to all agency 

slate-wide public noucesas required by stalute or rule including: permitting, rufemaking, meeting and hearing nomces. CITck highlighted links to 

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I .: 1:1 Currenttlmezone: Easter

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, August 14,2013. 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 hearing is to receive 

public comments prior to the proposed actions. All ~nterested persons .are invited and will be -

given reasonable opportunity to express their views conceming the proposed action. 

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 rules are also available to any person upon request, may be viewed online 

via the Intemet 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-North, 100 North Senate Avenue, 13th Floor, Indianapolis, Indiana46204. 

Legislative Services Agency, Indiana Government Center-North, 100 North Senate 

Avenue, Room N201, Indianapolis, Indiana 46204. 

Indiana Department of Environmental Management, Northwest Office, 33 0 West US 

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

Indiana Department of Environmental Management, Northem Office, Suite 450, 300 N. 

Michigan Street, South Bend, Indiana 4q60 1. 

Indiana Department of Environmental Management, Southwest Office, 1120 North 

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. 

Indianapolis Central Library, 40 East St. Clair Street, Indianapolis, Indiana 46204. 

Hammond Public Library, 564 State Street, H~ond, Indiana 46320. 

Allen County Public Library, 900 Library Plaza, Fort Wayne, Indiana 46802. 

Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Blvd., Evansville, 

Indiana 47713. 

The following rules are noticed for hearing and action: 

PM2.5 and Ozone Designations (LSA #13-164). The purpose ofthis hearing is to receive 

public comment prior to adoption of amendments to 326 lAC 1-4 to add federal designations for 

the 1997 annual standard for particulate matter with an aerodynamic diameter less than or equal 

to two and five-tenths microns (PM2.5), the 2006 24-hour PM2.5 standard, and the 2008 8-hour 

ozone standard. 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 Zachary Ruzycki at the Indiana 

Department of Environmental Management, Office of Legal Counsel, Indiana Government · 

Center North~ 100 North Senate Avenue, Indianapolis at (317) 232-8229 or (800) 451-6027 (ext. 

2-8229)(in Indiana), or zruzycki@idem.in.gov. 
A transcript of the hearings and all written submissions to the board at the public hearings 

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 

Rule 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 Department 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 1-800-743-3333. Please provide a minimum of72 hours' notification. 
Minor New Source Review (LSA #11-747). The purpose of this hearing is to receive public 

comment prior to final adoption of amendments t9 326 lAC 2-7 and 326 lAC 2-8 concerning 

Indiana's air permitting regulations and minor new source review (NSR) requirements for Title V 

and Federally Enforceable State Operating Permit (FESOP) sources. These revisions will 

address U.S. EPA concerns on minor modifications limits, an inconsistency in the lead limits, 

and provide clarification on public notice for source modifications for consent decree provisions. 

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. 

Permits and National Ambient Air Quality Standards Protection (LSA #12-500). The 

purpose of this hearing is to receive public comment prior to final adoption of amendments to 

326 lAC 2-1.1-5,326 lAC 2-5.1-3, and 326 lAC 2-6.1-5 concerning requirements for the 

protection of ambient air quality standards in construction permits. This mle will clarify the 

applicability of these requirements in permitting actions and make other related revisions. 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 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. 

Sewage Sludge Incineration and Carbon Monoxide Monitoring (LSA #13-215). The\' 

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

amendments to 326 lAC 3-5-1 concerning sewage sludge incinerators and carbon monoxide 

(CO) monitoring. This rule will allow continuous emissions monitoring for total hydrocarbons 

or carbon monoxide to ensure that compliance with all applicable requirements is achieved in the 

most efficient way possible and is consistent with federal requirements. This rule will be 

submitted to the United States Environmental Protection Agency as awvision 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. 

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 hearings. 
Minor New Source Review (LSA #11-747). The purpose of this hearing is to receive public 

comment prior to final adoption of amendments to 326 lAC 2-7 and 326 lAC 2-8 concerning 

Indiana's air permitting regulations and minor new source review (NSR) requirements for Title V 

and Federally Enforceable State Operating Permit (FESOP) sources. These revisions will 

address U.S. EPA concerns on minor modifications limits, an inconsistency in the lead limits, 

and provide clarification on public notice for source modifications for consent decree provisions. 

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. 

Permits and National Ambient Air Quality Standards Protection (LSA #12-500). The 

purpose of this hearing is to receive public comment prior to final adoption of amendments to 

326 lAC 2~1.1-5, 326 lAC 2-5.1-3, and 326 lAC 2-6.1-5 concerning requirements for the 

protection of ambient air quality standards in construction permits. This rule will clarify the 

applicability of these requirements in pennitting actions and make other related revisions. 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 tl;I.e 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. 

Sewage Sludge Incineration and Carbon Monoxide Monitoring (LSA #13-215). The '· 

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

amendments to 326 lAC 3-5-1 concerning sewage sludge incinerators and carbon monoxide 

(CO) monitoring. This rule will allow continuous emissions monitoring for total hydrocarbons 

or carbon monoxide to ensure that compliance with all applicable requirements is achieved in the 

most efficient way possible and is consistent with federal requirements. 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 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. 

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 hearings. 
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 

ThomasW:.-Easterly 

Commissioner 

September 5, 2013 

CERTIFICATE OF PUBLICATION 

This is to certify that the Indiana Department of Environmental Management (IDEM) Notice of 

Public Hearings for the Environmental Rules Board Meeting, 10/09/2013, regarding the 

following rulemaking action: 

• Final Adoption, Sewage Sludge Incineration and Carbon Monoxide Monitoring, LSA 

#13-215 

was published on IDEM's web site on September 4, 2013. It will remain posted on the site until 

at least October 9, 2013. 

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 

0 

A State that Works 

- @ Recycled Paper 

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This is the IDEM Public Nofrce Site for notices ~verirrg the enlire State of Indiana This page is designed to provide public access to all agency state-wide public: notices as reqtfued by sta!Ute or rule inc:ludlngc permitting, rulemaking, meeting and hearing notices. Click highlfg:hted links to 

view additional information related to the notice.. For pubiTc meetings not requiring nofrces, please check the IDEM Calendar. 

Subscriptions: Wantto know about new notices as soon as they're posted? You can now subscribe to this regional pubUc: notice page. By 

subscribing to a region, you wm be sent ar< e-ma~ or text message to your phone every time IDEM adds ioformatiaa to this regional jlage.. This allows yllu to stay current on a![ posting and never miss a new posfrng:. To' subscribe, click on !he subscription link in the left hand column. 

Statewide 

RuJeWritec Susan 

·sem 

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2 3 4 

9 10 1

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29 so 

Compliance 

·funding Current time zone: 

. Mo':'itor!ng ... 

Legal Notice of Public Hearing 

Under 40 CPR 51.102, notice is hereby given that the Environmental Rules Board (board) will 

hold a public hearing at its regularly scheduled meeting on Wednesday, October 9, 2013. 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 hearing is to receive 

public comments prior to the proposed actions. All interested persons are invited and will be 

given reasonable opportunity to express their views concerning the proposed action. 

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

Legislative Services Agency, Indiana Government Center-North, 100 North Senate 

Avenue, Room N201, Indianapolis, Indiana 46204. 

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

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

Indiana Department of Environmental Management, Northern Office, Suite 450, 300 N. 

Michigan Street, South Bend, Indiana 46601. 

Indiana Department of Environmental Management, Southwest Office, 1120 North 

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

Indiana Department of Environmental Management, Southeast Office, 820 West Sweet 

Street, Brownstown, Indiana47220-9557. 

Indianapolis Central Library, 40 East St. Clair Street, Indianapolis, Indiana 46204. 

Hammond Public Library, 564 State Street, Hammond, Indiana 46320. 

Allen County Public Library, 900 Library Plaza, Fort Wayne, Indiana 46802. 

Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Blvd., 

Evansville, Indiana 47713. 

The following rules are noticed for hearing and action: 

Sewage Sludge Incineration and Carbon Monoxide Monitoring (LSA #13-215). The 

purpose of this hearing is to receive public comment prior to final adoption of amendments to 

326 lAC 3-5-1 concerning sewage sludge incinerators and carbon monoxide (CO) monitoring. 

This rule will allow continuous emissions monitoring for total hydrocarbons or carbon monoxide 

to ensure that compliance with all applicable requirements is achieved in the most efficient way 

possible and is consistent with federal requirements. 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 sbern@idern.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 hearings. 

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

hearings 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 

Rule 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 Department 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 43-3333. Please provide a minimum of 72 hours' notification. 

( 

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BEFORE THE STATE OF INDIANA 

ENVIRONMENTAL RULES BOARD 

PUBLIC MEETING OF AUGUST 14, 2013 

ORIGINAL 

PROCEEDINGS 

before the Indiana Environmental Rules Board, 

Beverly Gard, Chairman, taken be£ore 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, August 14, 2013 at 1:29 

o'clock p.m. 

William F: Daniels,. RPR/CP CM d/b/~ 

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 

1 
1 APPEARANCES: 

2 BOARD MEMBERS: 

3 Beverly Gard, Chairman 

Thomas R. Anderson 

4 Gary Powdrill 

Dr. Ted Niemiec 

5 Joanne Alexandrovich 

Kelly Carmichael 

6 Ken Rulon 

William Etzler 

7 Chris Horn 

Gail Boydston 

8 Calvin Davidson 

Cameron Clark, Proxy, Department of 

9 Natural Resources 

Pamela Fisher, Pr~xy, Indiana Economic 

10 Development Corporation 

David Bausman~ Proxy, Lieutenant 

11 Governor 

Thomas w. Easterly (nonvoting) 

12 

13 IDEM STAFF MEMBERS: 

14 Bruno Pigott 

Martha Clark Mettler 

15 Zac Ruzycki 

Susan Bern 

16 Nancy King 

Chris Pedersen 

17 Carol Comer 

Ann Long 

18 Betsy Rouse 

Janet Pittman 

19 

20 PUBLIC SPEAKERS: 

21 Ann Mciver 

22 

23 

2 
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1:29 o'clock p.m. 

August 14, .2013 

CHAIRMAN GARD: I'm going to call the 

meeting to order. It is 1:30. The Chair sees a 

quorum, so I call the August 2013 meeting of the 

Environmental Rules Board to order. I'm going to 

go around as usual and ask Board members to 

introduce themselves and say who they represent. 

We do have a couple of new faces, and.I want to 

welcome everyone, including the new people. 

Commissioner? 

COMM. EASTERLY: I'm Tom Easterly, 

the Commissioner of the Indiana Department of 

Environmental Management, and I'm a nonvoting 

member of the Board. 

MR. BAUSMAN: David Bausman. I'm the 

Program Manager of Policy and Regulatory Affairs 

at the Indiana State Department of Agriculture. 

I serve as a proxy for the Lieutenant Governor. 

MR. CLARK: Cameron Clark. I'm the 

Director of the Indiana Department of Natural 

Resources. 

MS. FISHER: Pam Fisher, proxy for 

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1 Secretary of Commerce Victor Smith. 

2 

3 designate. 

4 

MR. HORN: Chris Horn. I'm the Labor 

MS. BOYDSTON: Gail Boydston, 

5 manufacturing. 

6 CHAIRMAN GARD: Beverly Gard, general 

7 public, and Chair of the Board. 

8 

9 business. 

10 

MR. ETZLER: 

MR. ANDERSON: 

Bill Etzler, small 

Tom Anderson, 

11 environmental representative. 

12 

13 public.· 

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MR. POWDRILL: 

DR. NIEMIEC: 

Gary Powdrill, general 

Ted Niemiec, 

15 representing health care . 

. 16 MS. ALEXANDROVICH: Joanne 

17 Alexandrovich, local government. 

18 MR. CARMICHAEL: Kelly Carmichael, 

19 representing the public utilities. 

20 MR. DAVIDSON: Calvin Davidson, 

21 representing solid waste recycling. 

22 MR. RULON: Ken Rulon, representing 

23 agriculture. 
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CHAIRMAN GARD: . Mr. Clark? 

MR. CLARK: Yes. 

CHAIRMAN GARD: Ms. Fisher? 

MS. FISHER: Yes. 

CHAIRMAN GARD: Mr. Carmichael? 

MR. CARMICHAEL: Yes. 

CHAIRMAN GARD: Mr. Bausman? 

·MR. BAUSMAN: Yes. 

CHAIRMAN GARD: Chairman Gard, yes. 

Again, 14 ayes, zero nays. The rule has been 

11 adopted. 

12 The next item of business is a public 

13 hearing before the Environmental Rules Board 

14 concerning preliminary adoption of amendments to 

15 rules at 326 IAC 3-5-1, Sewage Sludge 

16 Incineration and Carbon Monoxide Monitoring. 

17 I will now introduce Exhibit E, the draft 

18 rules, in the second -- into the· record of the 

19 hearing. 

20 MS. BEM: Once again, my name is 

21 Susan Bern, and I work in the Rule Development 

22 Branch. 

23. IDEM is proposing to adopt language that 

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1 allows a continuous emissions monitoring system1 

2 or CEMS 1 for carbon monoxide as an alternative to 

3 the total hydrocarbon monitoring required by the 

4 current rule at 326 ·IAC 3-5-1 1 subsection (b) (6) 

5 Adoption of this language is needed to 

6 allow flexibility in monitoring as already 

7 allowed in federal rules applicable to the same 

8 source category. Article 3 is a general 

9 monitoring requirements rule that also contains 

10 some specific CEMS monitoring for certain 

11 industrial sources 1 including sewage sludge 

12 incinerators. 

13 There are also two federal rules that 

14 apply to sewage sludge incinerators. One is 

15 40 CFR 503 1 Subpart E. It's a Clean Water Act 

16 rule that addresses air emissions from disposal 

17 of sewage sludge. The amendment proposed in this 

18 rulemaking is similar to the language in 

19 Subpart E that allows either carbon monoxide 

20 monitoring or total hydrocarbon monitoring. 

21 And then in the other federal rule 1 it's a 

22 sewage sludge incineration rule developed under 

23 Section 129(d) of the Clein Air Act at Subpart--
1 or at 40 CFR -- it's a Part 60 rule in Subpart 

2 four M's and Subpart four L's. 

3 Both Subpart four M for existing units 

4 that we recently adopted into state rule at 

5 326 IAC 11-1b, and Subpart four L for new units 

6 that we've adopted into our Article 12 Rules 

7 underneath Title 326, allow for carbon monoxide 

8 monitoring and do not require total hydrocarbon 

9 monitoring. 

10 EPA had maintained that those rules --

11 that CO monitors are less costly and are easier 

12 to maintain and keep on-line than the total 

13 hydrocarbon monitors. Therefore, the one source 

14 affected by this rule has requested that Article 

15 3 be updated to include both monitoring options, 

16 so that both monitors would not have to be 

17 maintained. 

18 

19 

And we were talking about SIP rules 

before. Article 3, all of our compliance 

20 monitoring rules, are rules that are in our SIP, 

21 and once we final adopt and have this rule 

22 effective, we would submit it to EPA for SIP 

23 approval. 

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1 And the Department requests that the Board 

2 preliminarily adopt the draft rules as presented. 

3 Any questions? 

4 CHAIRMAN GARD: Are there questions 

5 for Susan? 

6 (No response.) 

7 CHAIRMAN GARD: Thank you. 

8 We have one speaker card/ Ann Mciver. 

9 MS. MCIVER: Madam Chair 1 members of 

10 the Board 1 my name is· Ann Mciver, and I'm the 

11 Director of Environmental Stewardship for 

12 Citizens Energy Group, and on behalf of CWA 

13 .Authority as the owner of the wastewater 

14 collection and treatment system, I appreciate the 

15 opportunity to comment in support of preliminary 

16 adoption-of the amendments to the CEMS 

17 requirements for sewage sludge incinerators. 

18 The ability to monitor carbon monoxide to 

19 satisfy the requirements of Part 503 and the 

20 Section 129 MACT Rules will allow Us to 

21 streamline equipment and realize operational 

22 efficiencies, which extends to some modest cost 

23 savings. 
1 Thank you. 

2 CHAIRMAN GARD: Are there any 

3 questions for Ann? 

4 (No r~sponse.) 

5 CHAIRMAN GARD: Thank you. · 

6 Is there anyone that didn't sign the 

7 speaker card that would like to comment? 

8 (No response.) 

9 CHAIRMAN GARD: If not, the hearing 

10 is concluded. 

11 Is there Board discussion on preliminary 

12 adoption? 

13 (No response.) 

58 

14 CHAIRMAN GARD: Do I hear a motion to 

15 preliminarily adopt the rule? 

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22 aye. 

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MR. POWDRILL: So moved. 

CHAIRMAN GARD: Is there a second? 

MS. ALEXANDROVICH: Second. 

CHAIRMAN GARD: Further discussion? 

(No response. ) 

CHAIRMAN GARD: All in favor, say 

MR. HORN: Aye. 
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DR. NIEMIEC: Aye. 

MR. ANDERSON: Aye. 

MR. BAUSMAN: Aye. 

MR. POWDRILL: Aye. 

MR. CLARK: Aye. 

MR. CARMICHAEL: Aye. 

MR. RULON: Aye. 

MS. ALEXANDROVICH: Aye. 

MR. DAVIDSON: Aye. 

MS. FISHER: Aye. 

MS. BOYDSTON: Aye. 

MR. ETZLER: Aye. 

CHAIRMAN GARD: All opposed, no? 

(No response.) 

CHAIRMAN GARD: Motion passes. 

16 Now we have a public hearing before the 

59 

17 Environmental Rules Board on rules not subject to 

18 the sunset provisions under IC 13-14-9.5, in 

19 accordance with IC 13-14-9.5-1.1. Rules that are 

20 exempt from expiration under law and have been 

21 effective for seven years are to be the subject 

22 of a public notice asking for comment on any of 

23 the listed rules in a public hearing before the 
64 

1 CERTIFICATE 

2 I 1 Lindy L. Meyer 1 Jr. 1 the undersigned 

3 Court Reporter and Notary Public residing in the 

4 City of Shelbyville 1 Shelby County 1 Indiana 1 do 

5 hereby certify that the foregoing is a true and 

6 correct transcript of the proceedings taken by me 

7 on Wednesday/ August 14 1 2013 in this matter and 

8 transcribed by me. 

9 

10 

11 

12 Notary Public in and 

13 for the State of Indiana. 

14 

15 My Commission expires October 27 1 2016. 

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23 

c 
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( 

Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Proposed Rule 

LSA Document #13-215 

DIGEST 

Amends 326 lAC 3-5-1 concerning sewage sludge incinerators and carbon monoxide monitoring. Effective 30 

days after filing with the Publisher. 

HISTORY 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Second Notice of Comment 

Period: June 5, 2013, Indiana Register (DIN: 20130605-IR-326130215FDA). 

Notice of First Hearing: June 5, 2013, Indiana Register (DIN: 20130605-IR-326130215PHA). 

f?ate of First Hearing: August 14, 2013. 

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD 

IDEM requested public comment from June 5, 2013, through July 5, 2013, 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 August 14, 2013, the Environmental Rules Board (board) conducted the first public hearing/board 

meeting concerning the development of amendments to 326 lAC 3-5-1. Comments were made by the following 

parties: 

Citizens Energy Group (CE) 

Following is a summary of the comments received and IDEM's responses thereto: 

Comment: The commenter supports preliminary adoption. The change in monitoring requirements will allow 

for streamlining of equipment. (CE) 

Response: The department appreciates the support. 

326 lAC 3-5-1 

SECTION 1: 326 lAC 3-5-1 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 3-5-1 Applicability; continuous monitoring requirements for applicable pollutants 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-14-4-3; IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to the following sources or emissions units to determine compliance with an 

emission limi.tation or standard: 

(1) Any emissions unit required to perform continuous monitoring under 326 lAC 12. 

(2) Fossil fuel-fired steam generators of greater than one hundred million (1 00,000,000) British thermal units 

(Btu) per hour heat input capacity. 

(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity. 

(4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty 

thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity. 

(5) Portland cement plants. 

(6) Sources or emissions units that combust sewage sludge. 

(7) Sources or emissions units making coke from raw materials, including the following: 

(A) Coal refining byproducts. 

(B) Petroleum refining byproducts. 

(8) Emissions units in Clark and Floyd Counties that: 

(A) have potential to emit nitrogen oxides (NO ) of greater than or equal to forty (40) tons per year; and. 

(B) are located at sources that have potential fa emit NO of greater than or equal to one hundred (1 00) tons 

per year as described in 326 lAC 10. x 

(9) Any emissions unit required to monitor under subsection (c). 

(b) Owners and operators of sources or emissions units described in subsection (a) are subject to the 

following requirements: 

(1) Any emissions unit subject to 326 lAC 12 shall comply with the following: 

Date: Sep 03,2013 3:08:36PM EDT DIN: 20130828-IR-326130215PRA Page 1 

Indiana Register 

(A) The monitoring and reporting requirements as specified for the applicable rule. 

(B) All requirements of this rule. 

(2) The owner or operator of a fossil fuel-fired steam generator of greater than one hundred million 

(1 00,000,000) Btu per hour heat input capacity shall continuously monitor the following: 

(A) Opacity, unless one (1) of the following occurs:· 

(i) Gaseous fuel is the only fuel combusted. 

(ii) Oil or a mix of gas and oil are the only fuels combusted and the emissions unit is able to comply with 

both of the following rules without using particulate matter collection equipment: 

(AA) 3261AC 5-1. 

(BB) 326 lAC 6-2. 

(iii) An alternative monitoring requirement request has been granted by the department and approved by 

U.S. EPA. The owner or operator may request an alternative monitoring requirement when installation of 

an opacity monitoring system would not provide accurate determinations of emissions as a result of 

interference from condensed uncombined water vapor. Any alternative monitoring requirement request 

shall address the following: 

(M) Information pertaining to the inability of the affected emissions unit to find an acceptable monitoring 

location prior to the source of the condensed, uncombined water vapor. · 

(BB) A list of proposed alternative monitoring requirements. For each proposed alternative monitoring 

requirement, the request must provide a detailed description of thresholds or triggers for corrective action 

resulting from deviation from normal operating parameters and how deviations from key surrogate 

parameters shall be addressed to ensure continuous compliance with all applicable particulate and 

opacity requirements. An example of an acceptable alternative monitoring requirement is a particulate 

compliance demonstration that is performed at least annually, in accordance with 326 lAC 3-6 and a 

compliance monitoring plari ttiat, at a minimum, satisfies monitoring requirements under 326 lAC 2-7 or 

3261AC 2-8. 

(CC) Record keeping that is consistent with section 6 of this rule. 

(DD) Reporting frequency that is no less frequent than that required in section 7 of this rule. 

~ (iv) An alternative monitoring requirement request granted by the departmen~ under item (iii) shall be 

submitted to U.S. EPA as a state implementation plan (SIP} revision and shall not be in effect until 

approved as a SIP revision. 

(B) Sulfur dioxide (S02

) under th~}ollowing conditions: 

(i) S02 pollution control equipment has been installed. 

(ii) A monitor is required to determine compliance with either: 

(AA) 326 lAC 12; or 

(BB) a new construction permit or operating permit required under 326 lAC 2. 

(C) Nitrogen oxide (NO ) under the following conditions: 

(i) NO pollution contrSI equipment has been installed. 

(ii) A rflonitor is required to determine compliance with either: 

(AA) 326 lAC 12; or 

(BB) a new constr-uction permit or operating permit required under 326 lAC 2. 

(D) The percent oxygen (0 ) or carbon dioxide (CO) if measurements of 0 2 or C02 in the flue gas are 

required to convert either SD2 or NO continuous monitoring data, or both, to units of the emission limitation 

for'the particular emissions unit. x 

(3) Sulfuric acid plants of greater than three hundred (300) tons per day acid production capacity shall monitor 

SO for each sulfuric acid producing emissions unit within the source. 

(4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greater than twenty 

thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per day fresh feed capacity shall 

monitor opacity for each regenerator within the source. 

(5) Portland cement plants shall monitor opacity at the following emissions units: 

(A) Kilns. 

(B) Clinker coolers. 

(6) Sources or emissions units that combust sewage sludge shall monitor from the effluent gas exiting the 

incinerator the following: 

(A) Total hydrocarbons, unless the following conditions are met: 

(i) The exit gas from the sewage slUdge incinerator stack is monitored continuously for carbon 

monoxide (CO). 

(ii) The monthly average concentration of CO in the exit gas from the sewage sludge incinerator 

stack, corrected for zero percent (0%) moisture and to seven percent (7%) oxygen, does not exceed 

one hundred (100) parts per million on a volumetric basis. 

(B) Oxygen. 

(C) Moisture, unless an alternative method is approved by the department and the U.S. EPA. 

Date: Sep 03,2013 3:08:36PM EDT DIN: 20130828-IR-326130215PRA Page 2 

Indiana Register 

(D) Temperature. 

(7) Sources or emissions units making coke from coal shall monitor opacity on the underfire stack associated 

with each coke oven battery. 

(8) Emission's units in Clark and Floyd counties that have potential to emit NO greater than or equal to forty 

(40) tons per year and are located at sources that have potential to emit NO greater than or equal to one 

hundred (1 00) tons per year shall install NO continuous emission monitors ~s described in 326 lAC 10-1. . X 

(c) Upon approval by the department, the owner or operator of an emissions unit required to continuously 

monitor opacity under this section may be exempted from the requirement to install, certify, and operate a COMS 

if: 

(1) a particulate GEMS for measuring PM emissions is used to demonstrate continuous compliance with any 

applicable emissions limitation; and 

(2) the particulate GEMS is installed, certified, operated, and maintained on the affected source in accordance 

with the requirements of Performance Specification 11 (PS-11 )*and Procedure 2 of 40 CFR 60, Appendix F*. 

(d) The department may require,.as a condition of a construction or operating permit issued under 326 lAC 2-

1.,1, 326 lAC 2-2, 326 lAC 2-3, 3261AC 2-7, 326 lAC 2-8, or 326 lAC 2-9 that the owner or operator of a new or 

existing source of air emissions monitor emissions to ensure compliance with the following: 

(1) An emission limitation or standard established in one (1) of the permits listed in this subsection. 

(2) Permit requirements. 

(3) Monitoring requirements in 326 lAC 7. 

(e) Unless explicitly stated otherwise, nothing in this rule shall: 

(1) excuse the owner or operator of a source or emissions unit from any monitoring, record keeping, or 

reporting requirement that applies under any provision of the CM or state statutes or rules; or 

(2) restrict the authority of the department to impose additional or more restrictive monitoring, record keeping, 

testing, or reporting requirements on any owner or operator of a source or emissions unit under any other 

provision of the CM, including Section 114(a)(1 ), or state statutes or rules, as applicable. 

(f) All continuous monitoring systems shall be installed and operational and have the certification testing 

complete under section 3 of this rule within one hundred eighty (180) days of start-up of the emissions unit. 

*These documents are incorporated by reference. Copies of these documents may be obtained from the 

Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review 

and copying at the Indiana Department of Environmental Management, Office of Air Quality, Legal Counsel, 

Indiana Government Center North, +effil:t Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 

46204. 

(Air Pollution Control Division; 326/AC 3-5-1; filed Jan 30, 1998, 4:00p.m.: 211R 2064; filed Dec 20, 2001, 4:30 

p.m.: 25/R 1596; errata filed Jan 7, 2002, 2:20p.m.: 251R 1644; filed Aug 11, 2011, 1:54 p.m.: 

2011 0907-IR-326050330FRA) 

Notice of Public Hearing 

Posted: 08/28/2013 by Legislative Services Agency 

An html version of this document. 

Date: Sep 03,2013 3:08:36PM EDT DIN: 20130828-IR-326130215PRA Page 3 

Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

· Notice of Public Hearing 

Notice of Public Hearing 

LSA Document #13-215 

Under IC 4-22-2-24, IC 13-14-B-6, and IC 13-14-9. notice is hereby given that on October 9, 2013, 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 3-5-1 

concerning sewage sludge incinerators and carbon monoxide (CO) monitoring. 

The purpose of this hearing is to receive comments from the public priQr 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, Rule 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 fife at the Rule 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 

Rule Development Branch 

Office of Legal Counsel 

Posted: OB/2B/2013 by Legislative Services Agency 

An html version of this document. 

Date: Sep 03,2013 3:09:41PM EDT DIN: 20130828-IR-326130215PHA Page 1 

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BEFORE THE STATE OF INDIANA 

ENVIRONMENTAL RULES BOARD 

PUBLIC MEETING OF OCTOBER 9, 2013 

ORIGINAL 

PROCEEDINGS 

before the Indiana Environm~ntal 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, October 9, 2013 at 1:29 

o 1 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 

Dr. Ted Niemiec 

Joanne Alexandrovich 

Kelly Carmichael 

Ken Rulon 

William Etzler 

Chris Horn 

Gail Boydston 

Mike Mettler, Proxy, Department of 

Health 

Chris Smith, Proxy, Department of 

Natural Resources 

Pamela Fisher, Proxy, Indiana Economic 

Development Corporation 

David Bausman, Proxy, Lieutenant 

Governor 

Keith Baugues (nonvoting) 

IDEM STAFF MEMBERS: 

Bruno Pigott 

Bruce Palin 

Matt Stuckey 

Chris Pedersen 

Roger Letterman 

Zac Ruzycki 

Susan Bern 

Nancy· King 

Betsy Rouse 

Janet Pittman 

PUBLIC SPEAKERS: 

Ann Mciver 

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CHAIRMAN GARD: 

1:29 o'clock p.m. 

October 9, 2013 

I'm going to call the 

October meeting of the Environmental Rulemaking 

Board to order. A quorum is present. I'm going 

to ask each member of the Board to state your 

name and who you represent. 

MR .. BAUGUES : I'm Keith Baugues, 

Assistant Commissioner for the Office of Air 

Quality. I'm sitting in for Tom Easterly, 

Commissioner of IDEM. 

MR. SMITH: Good afternoon. Chris 

Smith, the Deputy Director of the Department of 

Natural Resources, and I'm sitting in for 

Director Clark today. 

CHAIRMAN GARD: Welcome, Chris. 

MR. SMITH: Thanks. 

MR. BAUSMAN: David Bausman, Policy 

and Regulatory Affairs Program Manager, the 

Indiana State Department of Agriculture, serving 

as the Lieutenant Governor's proxy. 

3 

MR. METTLER: I'm Mike Mettler, proxy 

for the State Health Commissioner, Dr. VanNess. 
4 

1 MS. FISHER: Pam Fisher, proxy for 

2 Secretary of Commerce Victor Smith. 

3 MR. HORN: My name's Chris Hornr and 

4 I'm representing labor. 

5 MS. BOYDSTON: Gail Boydston, 

6 representing manufacturing. 

7 

8 public. 

9 

10 business. 

11 

CHAIRMAN GARD: Beverly Gard 1 general 

MR. ETZLER: William Etzler, small 

MR. ANDERSON: Tom Anderson, 

12 

13 

environmental. 

MR. POWDRILL: Gary Powdrill 1 public 

14 at large. 

15 DR. NIEMIEC: Ted Niemiec 1 health 

16 care. 

17 MS. ALEXANDROVICH: Joanne 

18 Alexandrovich, local government. 

19 

20 utilities. 

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22 

MR. CARMICHAEL: Kelly Carmichael 1 

MR. RULON: Ken Rulon 1 agriculture. 

CHAIRMAN GARD: Thank you. 

23 The first order of business is the 

( 
37 

1 This is a public hearing before the 

2 Environmental Rules Board of the State of Indiana 

3 concerning final adoption of the amendments to 

4 rules at 326 IAC 3-5-1, Sewage Sludge 

5 Incineration and Carbon Monoxide Monitoring. 

6 I will now introduce Exhibit D, the 

7 preliminary adopted rules, into the record of the 

8 hearing. 

9 Susan Beem will --

10 MS. BEM: Bern. 

11 CHAIRMAN GARD: Bern -- will present 

12 the rule. 

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

14 work in the Rules Development Branch. 

15 

16 

The department is proposing no changes 

since preliminary adoption. As stated at 

17 preliminary adoption, this Title 326 Office of 

18 Air Quality rule will allow sewage sludge 

19 incinerators who monitor emissions using carbon 

20 monoxide CEMS or total hydrocarbon CEMS. The 

21 current rule at 326 IAC 3-5-1 allows only carbon 

22 monoxide. 

23 This is consistent with federal law where 
1 CO CEMS is required-- I'm sorry-- the current 

2 rule at 3-5-1 only allows total hydrocarbon 

3 monitoring. This is consistent with federal law 

4 where carbon monoxide CEMS is required under the 

5 new source for quality standards under 40 CFR 

6 part 60 and an older Clean Water Act rule at 

7 40 CFR part 503, Subpart B, that allows carbon 

8 monoxide or total hydrocarbon monitoring. 

9 The Department requests that the Board 

10 final adopt the proposed rule. 

11 Thank you. 

12 CHAIRMAN GARD: Are th~re any 

13 questions or Board discussion? 

14 Yes. 

15 MR. RULON: Chairman Gard. 

16 Susan, we talked on the phone this 

17 morning. 

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19 

MS. BEM: Uh-huh. 

MR. RULON: I expressed my concern 

20 about incinerating at such a rich fertilizer 

38 

21 source a~d such a great carbon source, and I just 

22 wondered if the institution of this rule applies 

23 to this, since there is just one, if they're 
making efforts to stop -- stop this program. It 

just seems like 1 as a Board 1 I'm concerned that 

we vote to approve a rule that does something 

that's kind of environmentally not very 

intelligent. We pay mbney for fishers for their 

sludge for fertilizer 1 so I'm just wondering if 

you have that --

MS. BEM: I think Ann Mciver 1 from 

Citizens Energy 1 is here 1 and she said --

MR. RULON: Oh 1 okay. 

MS. BEM: -- she's going to address 

that question. 

39 

MR. RULON: I didn't mean to jinx the 

agenda. 

CHAIRMAN GARD: No 1 no 1 that's fine. 

MS. MCIVER: Hi. 

MR. RULON: Hi. Welcome. 

MS. MCIVER: I'm Ann Mciver. 

Director of Environmental Stewardship for 

Citizens Energy Group. 

I'm the 

We took ownership of the city's wastewater 

utility in August of 2011 1 and when we acquired 

the utility from the City of Indianapolis/ the 
40 

1 management of all of the bibsolids from the 

2 wastewater treatment plants has been through 

3 incineration. To the best of my knowledge, it's 

4 been that way ever since. 

5 We are looking at ways to find alternate 

6 uses for the sludge and for energy recovery from 

7 the incineration. As I understand, though, under 

8 the application rules that I think you're talking 

9 about, we would actually have to do some 

10 treatment to address the potential bacteria and 

11 the pathogens, and we don't have all of the 

12 equipment in the plant right now. So, I mean I'm 

13 certainly happy to talk with you. 

14 MR. RULON: No, I just wanted to make 

15 the point that almost every -- so, I think you 

16 just told me every other facility in the state 

17 doesn't do it this way, because they've already 

18 invested the money to do it a better way. I just 

19 want to make sure we're moving in that direction 

20 is my point. 

21 MS. MCIVER: Yeah. I can't speak to, 

22 you know, what other communities are doing. I do 

' 23 know we have the only sludge incinerators in the 
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state. 

MR. RULON: Right. 

MS. MCIVER: You know, when -- on a 

capacity scale, on a volume scale, I think that 

our wastewater treatment plant is, you know, 

orders of magnitude larger than other 

communities, so there may also be a challenge for 

us from just simply the sheer volume of biosolids 

that we produce, and whether there's enough 

agricultural fields that would have the capacity 

to recept the biosolids, you know, on the scale 

that we're producing. 

I did have -- I had folks pull some 

records, and in July -- or I'm sorry -- in 

August, we incinerated about 4,000 biotons of 

sewag~ sludge, and our sludge is about 22 percent 

dry solids, so large volumes. 

to talk with you. 

But I'd be happy 

MR. RULON: Well, I just wanted to be 

kind of on record as contesting there's better 

ways to do this, and I -- and especially right 

now, there's some huge incentives for the 

government to do it a better way, and when I hear 
1 about -- I think Marion County was mentioned in 

2 all four of the previous rules on nonattainment. 

42 

3 This probably is something we can all work 

4 

5 

together to make it better. 

kind of bring that forward. 

I just wanted to 

I'm not opposing 

6 adoption of the rule, but -- and if it's only 

7 4,000 tons a day or whatever, that's not very 

8 much. 

9 

10 

MS. MCIVER: Right. 

MR. RULON: I mean I have 74 acres of 

11 tillable farm ground, so I just wanted to make 

12 the point . 

. 13 Thank you for your time. 

14 MS. MCIVER: Okay. Thank you. 

15 CHAIRMAN GARD: Thank you. 

16 

17 

No one has given me a speaker card, anyone 

that wants to speak on this rule. Is there 

18 anyone that would like to speak? 

19 (No response.) 

20 CHAIRMAN GARD: The hearing is 

21 concluded. Is there Board -- further Board 

22 discussion on the rule? Any questions, any 

23 discussion? 
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(No response. ) 

CHAIRMAN GARD: Is there a motion to 

adopt the final rule as presented? 

MR. POWDRILL: So moved. 

CHAIRMAN GARD: Is there a second? 

MR. HORN: Second. 

CHAIRMAN GARD: Further discussion? 

(No response.) 

CHAIRMAN GARD: 

roll-call vote. 

This will be a 

Mr. Rulon? 

MR. RULON: Can I abstain? 

CHAIRMAN GARD: You can if you want 

to. 

MR. RULON: Thank you. 

CHAIRMAN GARD: Or you can vote yes 

or no. 

MR. RULON: I'm just going to vote 

no, then. 

CHAIRMAN GARD: Okay. 

Mr. Carmichael? 

MR. CARMICHAEL: Yes. 

CHAIRMAN GARD: Dr. Alexandrovich? 

43 
44 

1 MS. ALEXANDROVICH: Yes. 

2 CHAIRMAN GARD: Dr. Niemiec? 

3 DR. NIEMIEC: Yes. 

4 CHAIRMAN GARD: Mr. Powdrill? 

5 MR. POWDRILL: Yes. 

6 CHAIRMAN GARD: Mr. Anderson? 

7 MR. ANDERSON: Yes. 

8 CHAIRMAN GARD: Mr. Etzler? 

9 MR. ETZLER: Yes. 

10 CHAIRMAN GARD: Ms. Boydston? 

11 MS. BOYDSTON: Yes. 

12 CHAIRMAN GARD: Mr. Horn? 

13 MR. HORN: Yes. 

14 CHAIRMAN GARD: Ms. Fisher? 

15 MS. FISHER: Yes. 

16 CHAIRMAN GARD: Mr. Mettler? 

17 MR. METTLER: Yes. 

18 CHAIRMAN GARD: Mr. Bausman? 

19 MR. BAUSMAN: Yes. 

20 CHAIRMAN GARD: Mr. Smith? 

21 MR. SMITH: Yes. 

22 CHAIRMAN GARD: And the Chair votes 

23 yes. The rule is adopted 13 to 1. 
52 

( 

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, October 9, 2013 in this matter and 

8 transcribed by me. 

9 

10 

11 

'( 12 Notary Public in and 

13 for the State of Indiana. 

14 

15 My Commission expires October 27, 2016. 

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( 
(