### IDEM 

### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment.

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 ofthe 1990 ' Clean Air Act and Title 13 ofthe Indiana Code, the Indiana Depatiment ofEnvironmental Management (IDEM) submits an amendment to the Indiana state implementationplan (SIP). IDEMrequests 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 ofone (1) hard copy ofthe required documentation. An 

### electronic version ofthe submittal in PDF format that is identical to the hard copy has been sent to Chris Panos at the U.S. EPA Region 5 

### office. In

### order to assist with your review ofthis state implementation plan submission, a list ofsupporting documents is attached. Throughoutthe development ofthese amendments to the existing rule, staffofthe Office ofLegal Counsel worked with your staffto ensure that any potential problems thatmight exist withthis requested SIP revision would be resolved. I request thatU.S. EPA approve 326 lAC 3- 5-1(b)(6)(A) into Indiana's SIP. Ifyouhave any questions regarding this submittal, please contact Mike Dalton, Rule Suppmi Section Chief, Office ofLegal Counsel at (317) 232-8884.

NK/sb Attachments: Supporting Documents

cc: PamBlakely, 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 Opportuni ty Employer 

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### @ RecycledPaper

## 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 inthe IndianaRegister on January 15, 2014 (DIN: 20140115-IR-326130215FRA) Attachment C: Signature Page Attachment D: Findings and Determination ofthe Commissioner Pursuantto IC 13-14-9-7 and SecondNotice ofComment Period, includingthe Notice ofPublic Hearing, as posted inthe IndianaRegister onJune 5, 2013 (DIN: 20130605-IR-326130215FDA) Attachment E: Cetiificates ofWeb Publication (Notice ofPublic Hearings) Attachment F: Transcript ofFirstPublic Hearing held onAugust 14, 2013 Attachment G: Proposed Rule, includingthe Notice ofPublic Hearing, as posted inthe Indiana Register on August 28, 2013 (DIN: 20130828-IR-326130215PRA) Attachment H: Transcript ofSecond Public Hearing held on October 9, 2013

### ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 1. The submittal is accompanied by a formal letter ofsubmittal from the governor or his designee. 2. Evidence that the State has adopted the plan in the State code orbody ofregulations; or issued the permit, order, consent agreement (document"); in final form.

a. Date ofadoption or final issuance: b. The effective date ofthe plan, ifdifferent from the adoption/ issuance date. 3. 

### Evidence that the State has the necessary legal authority under state lawto adopt and implementthe plan. 4. A copy ofthe actual regulation or document submitted for approval and incorporation byreference into the plan, includingthe following: a. Indication ofthe changes made to the existing approved plan, where applicable. b. The submittal shall be a copy ofthe official State regulation or document signed, stamped, dated by the appropriate state official indicating that it is fully enforceable by the State. Effective date shall be stated in the document itself. 5. Evidence thatthe State followed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completingthe adoption/issuance ofthe plan. Enclosed
Signature Page (Attachment C)

Date ofSec. ofState (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 ofproofof Attachments D, E, G publication. X Certificates ofWeb Publication

-- 

### _X_Notices ofFirst and SecondPublic Hearings (IndianaRegister) 7. Certification thatpublic hearings were held in accordance with informationprovided in public hearing notice. _X_Transcript from First Public Hearing _X_Transcript from Second Public Hearing 8. Compilation ofpublic comments and State's response. _X_ Second Notice (Section 7) _X_Proposed Rule Attachments F, H

Attachment D Attachment GIndiana 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 ofthe 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 ofgreater than one hundred million (100,000,000) British thermal units (Btu) per hour heat input capacity. (3) Sulfuric acid plants of greaterthan three hundred (300) tons per day acid production capacity. (4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greaterthan 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 ofsources 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 ofthis rule. (2) The owner or operator of a fossil fuel-fired steam generator of greaterthan one hundred million (1 00,000,000) Btu per hour heat input capacity shall continuously monitorthe following:

(A) Opacity, unless one (1) ofthe 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 ofthe 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 1Indiana 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 ofthe affected emissions unit to find an acceptable monitoring location prior to the source ofthe 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 ofthresholds 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 ofthis rule. (DO) Reporting frequency that is no less frequent than that required in section 7 ofthis 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 ofthe 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 oreight 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 monitorfrom 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 greaterthan 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 ofan 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 2Indiana 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 of40 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) ofthe 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 ofthe CAA or state statutes or rules; or (2) restrict the authority ofthe 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 ofthe 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 ofthis rule within one hundred eighty (180) days ofstart-up ofthe emissions unit. *These documents are incorporated by reference. Copies ofthese 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; filedAug 11, 2011, 1:54p.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: October9, 2013 ApprovedbyAttorney General: December4, 2013 Approvedby Governor: December 16, 2013 Filed with Publisher: December 16, 2013, 9:16a.m. Documents Incorporatedby Reference: None Received byPublisher Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business RegulatorCoordinator, 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) 232-8587or (800) 451-6027, snhowell@idem.in.gov Posted: 01/15/2014 byLegislative ServicesAgency An html version ofthis 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) EnvironmentalRules Board Subject: Sewage Sludgefucinerators and Monitoring at 326 lAC 3-5-1 

### ADOPTED:



# By:~~ **Date:!-¢'~** Chairperson, Environmental Rules Board



# Date;~

APPROVED:



# By·~/7 _•L_ /) 

# fl.



# ~~ .... Date: 

# }?J1t1

# 10

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# 9 Governor, State offudiana



### ACCEPTED FORFILING: By:
-- TITLE 326 AIRPOlLUTION CONTROL DIVISION 

### fuc Le, LSA

### Document#13-215(FR) Filedwithfublisher: 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 ofthis notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IOEM 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 offirst public comment period would provide no substantial benefit to the environment or persons to be regulated or otherwise affected bythe proposed rule, IDEM may forgo this comment period and proceed directly to the notice ofsecond public comment period. Ifthe 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 ifthe 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 orotherwise 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 ofthese 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 WaterAct 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 of40 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 similarto 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.ofTitle 326 that may be affected by this rulemaking. IC 13-14-9-41dentification of Restrictions and Requirements Not Imposed under Federal Law No element ofthe 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 1Indiana Register At this time, no work group is planned for the rulemaking. Ifyou feel that a work group or other informal discussion on the rule is appropriate, please contact Susan Bem, 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 CTAP 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 100 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 offirst 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 ofcomments 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 ofthe 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 Page2Indiana 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 offaxed comments by calling the Rule Development Section at (317) 233-8903. (3) By electronic mail to sbem@idem.in.gov. To confirm timely delivery ofsubmitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part ofthe 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 ofthe delivery method used, in orderto properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number ofthe rulemaking. COMMENT PERIOD DEADLINE All comments must be postmarked, faxed, or time stamped no laterthan 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 greaterthan one hundred million (100,000,000) British thermal units (Btu) per hour heat input capacity. (3) Sulfuric acid plants ofgreater than three hundred (300) tons per day acid production capacity. (4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units of greaterthan twenty thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per dayfresh 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 greaterthan 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 ofthis rule. (2) The owner or operator of a fossil fuel-fired steam generator ofgreater than one hundred million (100,000,000) Btu per hour heat input capacity shall continuously monitor the following:

(A) Opacity, unless one (1) ofthe following occurs:

(i) Gaseous fuel is the only fuel combusted. (ii) Oil or a mix ofgas and oil are the only fuels combusted and the emissions unit is able to comply with both ofthe 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 watervapor. Any alternative monitoring requirement request shall address the following:

(AA) Information pertaining to the inability ofthe affected emissions unit to find an acceptable monitoring location prior to the source ofthe 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 ofthresholds ortriggers 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 ofthis rule. 

### (DO) Reporting frequency that is no less frequent than that required in section 7 ofthis 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) underthe 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 ofthe emission limitation for the particular emissions unit. x (3) Sulfuric acid plants ofgreaterthan 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 greaterthan twenty thousand (20,000) barrels oreight hundred forty thousand (840,000) gallons per day fresh feed capacity shall monitor opacity for each regeneratorwithin 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 monitorfrom the effluent gas exiting the incineratorthe following:

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

(i) The exit gas from the sewage sludge incineratorstack 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 forzero 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 oremissions 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 greaterthan or equal to forty (40) tons per year and are located at sources that have potential to emit NO greaterthan 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 Page4Indiana Register (c) Upon approval by the department, the owner or operator ofan emissions unit required to continuously monitor opacity underthis 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 of40 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 orstandard established in one (1) ofthe 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 ofthe CAA or state statutes or rules; or (2) restrict the authority ofthe departmentto impose additional or more restrictive monitoring, record keeping, testing, or reporting requirements on any owner or operator ofa source or emissions unit under any other provision ofthe 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 ofthis rule within one hundred eighty (180) days ofstart-up ofthe emissions unit. *These documents are incorporated by reference. Copies ofthese 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 atthe 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. (AirPollution 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 filedJan 

### 7, 2002, 2:20p.m.: 251R 1644; filedAug 11, 2011, 1:54p.m.: 20110907-IR-326050330FRA)
Notice of Public Hearing
Posted: 06/05/2013 byLegislative Services Agency An html version ofthis document.

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

# (

(



## ( .Indiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION

Notice ofPublic 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 herebygiven that on August 14, 2013, at 1:30 p.m., at the Indiana Government CenterSouth, 302 West Washington Street, Conference CenterRoom 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 ofthis hearing is to receive comments from the publicpriorto preliminaryadoption ofthese rules by the board. Allinterestedpersons are invited and willbe given reasonable opportunityto express their view concerning the proposedamendments. Oralstatements will be heard, but, for the accuracyofthe record, all comments shouldbe submittedin writing. Additionalinformation regarding this action maybe obtainedfrom Susan Bern, Rule Development Branch, Office ofLegal Counsel, (317) 233-5697 or(800) 451-6027 (in Indiana). Individuals requiring reasonable accommodations forparticipation in this event should contact the Indiana Department ofEnvironmental Management, Ar:nericans with Disabilities Actcoordinatorat: Attn:ADA Coordinator Indiana DepartmentofEnvironmental Management Indiana Government CenterNorth 100 North Senate Avenue Indianapolis, IN 46204-2251 orcall (317) 233-1785 (V). Speech andhearing impaired callers maycontact IDEM via the Indiana Relay Service (711) or (800) 743-3333. Please provide 

### a minimum of72 hours notification. Copies ofthese rules are now on file at the Rule Development Branch, Office ofLegal Counsel, Indiana Department ofEnvironmental Management, Indiana Government CenterNorth, 100 North Senate Avenue, Thirteenth Floorand Legislative ServicesAgency, Indiana Government CenterNorth, 100 North Senate Avenue, Room N201, Indianapolis, Indiana andare open forpublic inspection. Nancy King, Chief Rule Development Branch Office of Legal Counsel
Posted: 06/05/2013 byLegislative ServicesAgency An html version ofthis document.

Date: Jun 06,2013 7:56:02AM EDT DIN: 20130605-IR-326130215PHA Page 1

### (

### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOurEnvironment. 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 certifythattheIndianaDepartment ofEnviromnental Management (IDEM) Notice of PublicHearings for theEnviromnental Rules BoardMeeting, 08/14/2013, regardingthe following rulemaking actions:

• Final Adoption, PM2.5 OzoneDesignations, LSA#13-164 • Final Adoption, MinorNewSource Review, LSA#11-747 • Final Adoption, Permits andNational AmbientAir Quality Standards Protection, LSA #12-500 • PreliminaryAdoption, Sewage Sludge Incinerationand CarbonMonoxideMonitoring, LSA#l3-215

werepublished on IDEM'sweb site onJuly 10, 2013. 

## Itwillremainposted onthe site until at leastAugust 14, 2013. Thenotice infull maybefound atthe following web address, underthe "Statewide" category. http://www.in.gov/idem/6777.htm Webpublication ofthe notice was attherequest ofChristinePedersen, Section Chief, Rule Development Section, Office ofLegal Counsel, IDEM.

Attachments: Copy ofwebpage as published.

An Equal OpportunityEmployer 

### By:

Mike Finkelstein IDEMWebmaster 

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### LegalNotice ofPublic Hearing Under40 CFR51.102, notice ishereby giventhatthe EnvironmentalRules Board (board) will hold apublichearing atits regularly scheduledmeeting onWednesday, August 14,2013. The meeting will convene at 1:30 p.m. atthe IndianaGovernment Center-South, ConferenceRoom A, 302 WestWashington Street, Indianapolis, Indiana. Thepurpose ofthehearingis to receive public commentspriorto theproposed actions. All**~nterested** 

### persons.are invited andwillbe

- givenreasonable opportunityto express theirviews concemingtheproposed action. Board documents maybe viewed and downloaded from the IndianaDepartment of Environmental Management's Web site as early as one weekpriorto themeeting·at http://www.in.gov/idem/4696.htm. Copies oftheproposedrules are also available to anypersonuponrequest, maybeviewed online viathe Intemetfrom local libraries, and are available for public inspection atthe following locations: IndianaDepartment ofEnvironmental Management, Office ofLegal Counsel, Indiana Government Center-North, 100North SenateAvenue, 13thFloor, Indianapolis, Indiana46204. Legislative Services Agency, IndianaGovernment Center-North, 100North Senate Avenue, RoomN201, Indianapolis, Indiana46204. IndianaDepartment ofEnvironmental Management, Northwest Office, 330 WestUS Highway 30, Suites E andF, Valparaiso, IN46385. IndianaDepartment ofEnvironmental Management,Northem Office, Suite 450, 300 N. Michigan Street, SouthBend, Indiana4q601. IndianaDepartment ofEnvironmentalManagement, Southwest Office, 1120North Vincennes Avenue, P.O. Box 128, Petersburg, Indiana47567-0128. IndianaDepartment ofEnvironmental Management, Southeast Office, 820 West Sweet Street, Brownstown, Indiana47220-9557. Indianapolis Central Library, 40 East St. Clair Street, Indianapolis, Indiana46204. HammondPublic Library, 564 State Street,**H~ond,** 

### Indiana46320. AllenCountyPublic Library, 900 LibraryPlaza, FortWayne, Indiana46802. Evansville VanderburghPublicLibrary, 200 SEMartinLuther KingJr. Blvd., Evansville, Indiana47713. The following rules are noticedfor hearing and action: PM2.5 and OzoneDesignations (LSA#13-164). Thepurpose ofthishearing isto receive public commentpriorto adoption ofamendments to 326 lAC 1-4 to addfederal designations for the 1997 annual standard for particulatematter with an aerodynamic diameterlessthan or equal to two andfive-tenths microns (PM2.5), the 2006 24-hourPM2.5 standard, andthe 2008 8-hour ozone standard. A copy ofthe mostrecentlypublishedversion ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional information concemingthis rule contactZacharyRuzycki atthe Indiana Department ofEnvironmental Management, Office ofLegal Counsel, Indiana Government · Center**North~** 

### 100 North SenateAvenue, Indianapolis at (317) 232-8229 or (800) 451-6027 (ext. 2-8229)(inIndiana), orzruzycki@idem.in.gov.

### A transcript ofthe hearings and all written submissionstothe board atthepublichearings shallbe opento public inspection attheIndianaDepmiment ofEnvironmentalManagement; copies maybemade available to anypersonuponpayment ofreproduction costs. Anyperson heard orrepresented atthehearings orrequesting notice shallbe givenwrittennotice ofthe actions oftheboard. ChristinePedersen, Chief Rule Development Section Office ofLegal Counsel 

# ****************************************************************************** Individuals requiringreasonable accommodations forparticipationinthis eventshould contact the IndianaDepartmentofEnvironmental Management, Americans withDisabilities Act coordinator at: Attn: ADA Coordinator IndianaDepartment ofEnvironmental Management 100 N. Senate Avenue Indianapolis, 

## IN 46204

or call (317) 233-1785. Speech and hearing impairedcallers maycontactthe agency viathe IndianaRelay Service at 1-800-743-3333. Pleaseprovide a minimum of72hours' notification.

### MinorNewSourceReview (LSA#11-747). Thepurpose ofthis hearingis to receivepublic commentpriorto final adoption ofamendments t9 326 lAC 2-7 and 326 lAC 2-8 concerning Indiana's airpermittingregulations and minornewsourcereview (NSR) requirements for TitleV andFederallyEnforceable State Operating Permit (FESOP) sources. These revisions will address U.S. EPAconcerns onminormodifications limits, an inconsistency inthe leadlimits, andprovide clarification onpublicnotice for source modifications for consentdecreeprovisions. This rule will be submittedtotheUnited StatesEnvironmental ProtectionAgency as arevision to the State ImplementationPlanrequiredbythe CleanAirAct. A copy ofthemostrecently publishedversion ofthis rule is available at: http://www.in.gov/idem/5679.htm. For additional information concerningthis rule contact SusanBern atthe Indiana Department ofEnvironmentalManagement, Office ofLegal Counsel, IndianaGovernment CenterNorth, 100North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. 

### Permits and NationalAmbientAir Quality Standards Protection (LSA#12-500). The purpose ofthis hearing is to receivepublic commentpriorto final adoption ofamendments to 326 lAC 2-1.1-5,326 lAC 2-5.1-3, and 326 lAC 2-6.1-5 concerningrequirements for the protectionofambient air quality standards inconstructionpermits. This mlewill clarifythe applicability ofthese requirements inpermitting actions and make otherrelatedrevisions. This rule will be submittedto theUnited States Environmental ProtectionAgency as a revisionto the State ImplementationPlanrequiredbythe CleanAirAct. A copy ofthe mostrecentlypublished version ofthisrule is available at: http://www.in.gov/idem/5679.htm. For additional information concerningthisrule contact SusanBernatthe Indiana DepartmentofEnvironmentalManagement, Office ofLegal Counsel, IndianaGovernment CenterNorth, 100North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. 

### Sewage SludgeIncineration and Carbon MonoxideMonitoring (LSA#13-215). The\' purpose ofthis hearing is toreceivepublic commentpriortopreliminary adoption of amendmentsto 326 lAC 3-5-1 concerning sewage sludge incinerators andcarbonmonoxide (CO) monitoring. This rulewill allowcontinuous emissions monitoring for totalhydrocarbons orcarbonmonoxideto ensurethat compliancewithall applicablerequirements is achievedinthe most efficientwaypossible andis consistentwithfederal requirements. This rule willbe submittedto theUnited StatesEnvironmental ProtectionAgency as awvisionto the State ImplementationPlanrequiredbythe CleanAirAct. A copy ofthemostrecentlypublished versionofthisrule is available at: http://www.in.gov/idem/5679.htm. For additional information concerningthisrule contact SusanBern atthe Indiana DepartmentofEnvironmentalManagement, Office ofLegal Counsel, Indiana Government CenterNorth, 100North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov.
Forthesehearings, oral statements willbeheard, butfor the accuracy oftherecord, please submit statements inwritingto the attendant designated'to receive writtencomments at the publichearings.

### MinorNew Source Review (LSA#11-747). Thepurpose ofthis hearingis to receive public commentpriorto final adoption ofamendments to 326 lAC 2-7 and 326 lAC 2-8 concerning Indiana's airpermittingregulations and minornewsource review (NSR) requirements for Title V and FederallyEnforceable State OperatingPermit (FESOP) sources. Theserevisions will address U.S. EPAconcerns onminormodifications limits, an inconsistency inthe leadlimits, andprovide clarification onpublicnotice for source modifications for consentdecree provisions. Thisrule willbe submittedto theUnited States EnvironmentalProtectionAgency as arevision to the State ImplementationPlanrequiredbythe CleanAirAct. A copy ofthe mostrecently publishedversion ofthis ruleis available at: http://www.in.gov/idem/5679.htm. For additional information concerningthis rule contact SusanBern atthe Indiana DepartmentofEnvironmental Management, Office ofLegal Counsel, IndianaGovernment CenterNorth, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. 

### Permits and NationalAmbientAir Quality Standards Protection (LSA#12-500). The purpose ofthis hearing is toreceivepublic commentpriorto final adoption ofamendments to 326 lAC

**2~1.1-5,** 

### 326 lAC 2-5.1-3, and 326 lAC 2-6.1-5 concerningrequirements for the protectionofambient air quality standards inconstructionpermits. This rule will clarify the applicability ofthese requirements inpennitting actions andmake otherrelatedrevisions. This rule willbe submittedto theUnited StatesEnvironmental ProtectionAgency as arevisionto the
. State ImplementationPlanrequiredbythe CleanAirAct. A copy ofthe mostrecentlypublished version ofthisrule is available at: http://www.in.gov/idem/5679.htm. For additional information concerningthis rule contact SusanBern attl;I.e Indiana DepartmentofEnvironmental Management, Office ofLegal Counsel, Indiana Government CenterNorth, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. 

### Sewage Sludge Incineration and Carbon Monoxide Monitoring (LSA#13-215). The '· purpose ofthis hearing is toreceivepublic commentpriorto preliminary adoption of amendments to 326 lAC 3-5-1 concerning sewage sludge incinerators and carbonmonoxide (CO) monitoring. This rulewill allow continuous emissions monitoring for total hydrocarbons or carbonmonoxide to ensure thatcompliance with all applicablerequirements is achieved inthe most efficientwaypossible and is consistent withfederal requirements. Thisrule willbe submittedto theUnited States EnvironmentalProtectionAgency as a revisionto the State Implementation Planrequiredbythe CleanAir Act. A copy ofthe mostrecently published version ofthisrule is available at: http://www.in.gov/idem/5679.htm. For additional information concerningthis rule contact SusanBern atthe Indiana DepartmentofEnvironmental Management, Office ofLegal Counsel, IndianaGovernment CenterNorth, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(in Indiana), or sbem@idem.in.gov.
Forthese hearings, oral statements will beheard, butfor the accuracy oftherecord, please submit statements inwritingto the attendant designated.to receivewritten comments at the publichearings.

### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOurEnvironment. 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 certifythatthe IndianaDepartment ofEnvironmentalManagement (IDEM) Notice of Public Hearings for theEnvironmental Rules BoardMeeting, 10/09/2013,regardingthe following rulemaking action:

• FinalAdoption, Sewage Sludge Incineration and CarbonMonoxideMonitoring, LSA #13-215

was published onIDEM's web site on September4, 2013. 

## Itwillremainposted onthe site until atleast October 9, 2013. The noticein

## full maybefound atthe following web address, under the "Statewide" category. http:/ /www.in.gov/idem/6777.htm Webpublication ofthenotice was atthe request ofChristinePedersen, SectionChief, Rule Development Section, Office ofLegal Counsel, IDEM.

Attachments: Copy ofwebpage as published.

AnEqual OpportunityEmployer 

### By:

MikeFinkelstein IDEMWebmaster 

# 0

AStatethatWorks 

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### Legal Notice ofPublic Hearing Under40 CPR 51.102, notice is hereby giventhattheEnvironmental Rules Board (board) will hold apublic hearing atits regularly scheduledmeeting onWednesday, October 9, 2013. The meeting will convene at 1:30p.m. at the Indiana Government Center-South, Conference Room A, 302WestWashington Street, Indianapolis, Indiana. Thepurpose ofthe hearing is to receive public comments priorto theproposed actions. All interestedpersons are invited and willbe givenreasonable opportunityto express their views concerning theproposed action. Boarddocuments maybe viewed and downloaded from the Indiana Departmentof EnvironmentalManagement's Web site as early as one weekpriorto the meeting at http://www.in.gov /idem/4696.htm. Copies oftheproposedrules are also available to anypersonuponrequest, maybe viewed online viathe Internet from local libraries, and are available for public inspection at the following locations: Indiana Department ofEnvironmentalManagement, Office ofLegal Counsel, Indiana Government Center-North, 100 North SenateAvenue, 13thFloor, Indianapolis, Indiana46204. Legislative Services Agency, Indiana Government Center-North, 100North Senate Avenue, RoomN201, Indianapolis, Indiana46204. IndianaDepartmentofEnvironmentalManagement, NorthwestOffice, 330WestUS Highway 30, Suites E andF, Valparaiso, IN46385. IndianaDepartment ofEnvironmentalManagement, Northern Office, Suite450, 300 N. Michigan Street, SouthBend, Indiana46601. IndianaDepartment ofEnvironmentalManagement, Southwest Office, 1120North Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. IndianaDepartment ofEnvironmentalManagement, Southeast Office, 820West Sweet Street, Brownstown, Indiana47220-9557. Indianapolis CentralLibrary, 40East St. Clair Street, Indianapolis, Indiana46204. HammondPublicLibrary, 564 State Street, Hammond, Indiana46320. Allen CountyPublicLibrary, 900LibraryPlaza, FortWayne, Indiana46802. Evansville Vanderburgh PublicLibrary, 200 SEMartinLuther King Jr. 

### Blvd., Evansville, Indiana47713. Thefollowing rules are noticedfor hearing and action: SewageSludgeIncineration and CarbonMonoxideMonitoring (LSA#13-215). The purpose ofthis hearing is to receivepublic commentpriorto final adoption ofamendments to 326 lAC 3-5-1 concerning sewage sludgeincinerators and carbon monoxide (CO) monitoring. This rule will allow continuous emissions monitoring fortotal hydrocarbons orcarbon monoxide to ensure that compliance with all applicablerequirements is achieved in the mostefficientway possible and is consistent with federal requirements. This rule will be submittedto the United States EnvironmentalProtectionAgency as arevisionto the StateImplementationPlanrequired bythe CleanAirAct. A copy ofthe mostrecentlypublished version ofthis ruleis available at: http://www.in.gov/idem/5679.htm.

### For additional information concerning this rule contact Susan Bern at the Indiana Department ofEnvironmentalManagement, Office ofLegal Counsel, Indiana Government Center North, 100North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbern@idern.in.gov.
For these hearings, oral statements will be heard, butfor the accuracy oftherecord, please submit statements in writing to the attendant designated to receive written comments at the publichearings. A transcript ofthehearings and all written submissions to theboard atthe public hearings shallbe open to public inspection at the IndianaDepartment ofEnvironmental Management; copies maybe made available to any personuponpayment ofreproduction costs. Anypersonheard orrepresented atthe hearings or requesting notice shallbe given writtennotice ofthe actions oftheboard. Christine Pedersen, Chief Rule Development Section Office ofLegal Counsel 

## ****************************************************************************** Individuals requiring reasonable accommodations forparticipationin this event should contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Act coordinator at: Attn: ADA Coordinator IndianaDepartment ofEnvironmentalManagement 100N. SenateAvenue Indianapolis, IN46204

or call (317) 233-1785. Speech andhearing impaired callers maycontact the agency via the IndianaRelay Service at 1-800-743-3333. Pleaseprovide a minimum of72 hours' notification. 

### (**(~--**) 

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



### .**~'** 

## 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. 

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

### 4



## 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.· 14 

## 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.

## 1 2 3 

### 4 5 

### 6 7 8 9 

### 10 

## 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 54

## 55

1 allows a continuous emissions monitoring system 1 

## 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. 56

### 57



## 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.

## Thank you. 1 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? 16 17 18 19 20 

## 21 22 aye. 23 

## 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.

### 1 

## 2 3 

### 4 5 6 

### 7 8 

### 9 

### 10 

## 11 12 13 14 15 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. 16 17 18 19 20 21 22 23 

# c

# r-- ,

## ( 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 afterfiling with the Publisher. HISTORY Findings and Determination ofthe 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 ofamendments to 326 lAC 3-5-1. Comments were made by the following parties: Citizens Energy Group (CE) Following is a summary ofthe comments received and IDEM's responses thereto: Comment: The commenter supports preliminary adoption. The change in monitoring requirements will allow for streamlining ofequipment. (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 orstandard: (1) Any emissions unit required to perform continuous monitoring under 326 lAC 12. (2) Fossil fuel-fired steam generators ofgreaterthan one hundred million (1 00,000,000) British thermal units (Btu) per hour heat input capacity. (3) Sulfuric acid plants ofgreaterthan three hundred (300) tons per day acid production capacity. (4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units ofgreaterthan twenty thousand (20,000) barrels oreight hundred forty thousand (840,000) gallons per dayfresh feed capacity. (5) Portland cement plants. (6) Sources oremissions units that combust sewage sludge. (7) Sources oremissions 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 ) ofgreater than or equal to forty (40) tons peryear; and. (B) are located at sources that have potential

# fa emit NO ofgreaterthan or equal to one hundred (1 00) tons peryear as described in 326 lAC 10. x (9) Any emissions unit required to monitor under subsection (c). (b) Owners and operators ofsources or emissions units described in subsection (a) are subjectto 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 1Indiana Register (A) The monitoring and reporting requirements as specified for the applicable rule. (B) All requirements ofthis rule. (2) The owner or operator of a fossil fuel-fired steam generator of greaterthan one hundred million (1 00,000,000) Btu per hour heat input capacity shall continuously monitorthe following:

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

(i) Gaseous fuel is the onlyfuel combusted. (ii) Oil ora mix ofgas and oil are the only fuels combusted and the emissions unit is able to comply with both ofthe 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 requirementwhen installation of an opacity monitoring system would not provide accurate determinations ofemissions as a result of interference from condensed uncombined watervapor. Any alternative monitoring requirement request shall address the following:



### (M) Information pertaining to the inability ofthe affected emissions unitto find an acceptable monitoring location priorto the source ofthe condensed, uncombined watervapor. · (BB) A list of proposed alternative monitoring requirements. For each proposed alternative monitoring requirement, the request must provide a detailed description ofthresholds 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 ofthis rule. (DD) Reporting frequency that is no less frequent than that required in section 7 ofthis rule.

**~** (iv) An alternative monitoring requirement request granted bythe

**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) Sulfurdioxide (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 under326 lAC 2. (C) Nitrogen oxide (NO ) underthe 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) ifmeasurements of 0 2 or C02 in the flue gas are required to convert either

# SD2 or NO continuous monitoring data, or both, to units ofthe emission limitation for'the particular emissions unit. x (3) Sulfuric acid plants ofgreaterthan three hundred (300) tons per day acid production capacity shall monitor SO for each sulfuric acid producing emissions unitwithin the source. (4) Petroleum refinery catalyst regenerators for fluid bed catalytic cracking units ofgreaterthan twenty thousand (20,000) barrels or eight hundred forty thousand (840,000) gallons per dayfresh 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 oremissions units that combust sewage sludge shall monitorfrom the effluent gas exiting the incineratorthe 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 forzero 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 2Indiana Register (D) Temperature. (7) Sources oremissions 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 greaterthan or equal to forty (40) tons peryear and are located at sources that have potential to emit NO greaterthan or equal to one hundred (1 00) tons peryear shall install NO continuous emission monitors



### ~s described in 326 lAC 10-1.

. X (c) Upon approval by the department, the owner oroperator ofan emissions unit required to continuously monitor opacity underthis 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 ofa 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 ofa new or existing source ofair emissions monitor emissions to ensure compliance with the following: (1) An emission limitation or standard established in one (1) ofthe 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 ofa source or emissions unit from any monitoring, record keeping, or reporting requirement that applies under any provision ofthe CM or state statutes or rules; or (2) restrict the authority ofthe departmentto impose additional or more restrictive monitoring, record keeping, testing, or reporting requirements on any owner or operator ofa source oremissions unit under any other provision ofthe 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 ofthis rule within one hundred eighty (180) days ofstart-up ofthe emissions unit. *These documents are incorporated by reference. Copies ofthese 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 ofAir Quality, Legal Counsel, Indiana Government Center North, 

### +effil:t Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution Control Division; 326/AC 3-5-1; filedJan 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; filedAug 11, 2011, 1:54p.m.: 20110907-IR-326050330FRA)
Notice of Public Hearing
Posted: 08/28/2013 byLegislative ServicesAgency An html version ofthis document.

Date: Sep 03,2013 3:08:36PM EDT DIN: 20130828-IR-326130215PRA Page 3Indiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION

· Notice ofPublic Hearing Notice of Public Hearing LSA Document #13-215

UnderIC 4-22-2-24, IC 13-14-B-6, andIC 13-14-9. notice is herebygiven that on October9, 2013, at 1:30 p.m., at the Indiana Government CenterSouth, 302 West Washington Street, Conference CenterRoom A, Indianapolis, Indiana, the EnvironmentalRules Board will hold

### a public hearing on amendments to 326 lAC 3-5-1 concerning sewage sludge incinerators andcarbon monoxide (CO) monitoring. The purpose ofthis hearing is to receive comments from the publicpriQrto final adoption ofthese rules by the board. Allinterestedpersons are invited and willbe given reasonable opportunity to express their views concerning the proposedamendments. Oralstatements will be heard, but, for the accuracyofthe record, all comments shouldbe submittedin writing. · Additionalinformation regarding this action maybe obtainedfrom Susan Bern, Rule Development Branch, Office ofLegal Counsel, (317) 233-5697or(BOO) 451-6027 (in Indiana). Individuals requiring reasonable accommodations forparticipation in this eventshould contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Act coordinatorat: Attn:ADA Coordinator · Indiana Department ofEnvironmental Management Indiana Government CenterNorth · 100 North Senate Avenue Indianapolis, IN 46204-2251 orcall (317) 233-17B5 (V). Speech andhearing impaired callers maycontact IDEM via the Indiana Relay Service (711) or(BOO) 

### 743-3333. Please provide 

### a minimum of

### 72 hours notification. Copies ofthese rules are nowon fife atthe Rule DevelopmentBranch, Office ofLegal Counsel, Indiana Department ofEnvironmental Management, Indiana Government CenterNorth, 100 North Senate Avenue, Thirteenth FloorandLegislative ServicesAgency, Indiana Government CenterNorth, 100 North Senate Avenue, Room N201, Indianapolis, Indiana andare open forpublic inspection. Nancy King, Chief Rule Development Branch Office of Legal Counsel
Posted: OB/2B/2013 byLegislative ServicesAgency An html version ofthis document.

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

## 1 2 3 4 5 6 7 8 9 10 11 12**~.\..** 

## 13 14 15 16 17 18 19 20 21 22 23 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 1

### ,. 

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

## APPEARANCES: BOARD MEMBERS: Beverly Gard, Chairman Thomas R. Anderson Gary Powdrill 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 2

### . ( 

## 1 2 3 4 5 6 7 

## 8 9 10 11

' 

### ( 

## 12 13 14 15 16 17 

## 18 19 20 21 22 23 CHAIRMAN GARD: 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. 21 

## 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

-- MS. BEM: Bern. 10 

## 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. 18 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

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

## ··( 12 13 14 15 16 17 18 19 20 21 22 23 41

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.) CHAIRMAN GARD: The hearing is 20 

## 21 concluded. Is there Board

-- further Board 22 discussion on the rule? Any questions, any 23 discussion?

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

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

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

### (