ATTACHMENT M 
..• ·."·. . .. l.·. . . ... ¥ ~- ·~.i/Ji}..~ 

ac~~ -~ : ·>.-• ;,:rilxd tw st:llc Board of Accounts . ~ . ·~ . 

!OIPI-

~· ~ ,,.. ~~.:.!! [ M • llid ' . FJoyd . . -..... , ...... ---·-·- --

General Fonn No. 99p (Revised 15 

1'he Evening News 

from: 221 Spring St. P.O. Box 867 ~·....uon·-·.:::. _ _.·:·· Jeffersonvtlle, lN 47130 :; I .• :\':'. .. . _):\Of t(;,.,·~t<!ftJo:nl;ol Uul1:1 

·. ~ ·g~ven . . : ·=!~'!!-< · • nty, hl(.hana 

: CfJt ~u~ .. and ~-·-.a::.t:~~-'~ PUBLISHER'S CLAIM ~2· llat "' •. ..,.~ .. 'f'l' , ~·~~ N' . lndlilna M' Pollullol\ Comd 1-f!!- . . ,.. . J I 

~.~~ .~,: ~: · • , .. ••. . >(!f :~y Mau~r (Must not e~ce~d two actua~ line~. ncilhcr of whicb shall 

~:~: •• · • ~ . . ... #~ •talu_&m~ tha~ four solid lines of tyr><: tn wtu~h tJ1e body of lhe 

~~ ~?~ be' · • · . -~. ~ ~~C!rtlsement _1s_ set~-- number of equ1valeut lines .................... ---------

'-:· ~ ........... : .•. """""" lhel<ltiOqd~~ num~rot lanes ...................... ·.· ................. ·---------- ..... . ~~~~ F« :~ dnfom\ldk)n N be f 1

. . ~llt~~~ci~T. ~~~-:- um riJ mes .......................................... . ~-326!M'i4-1· ~-. · numbt:r~l'.lillcs_ ... : ....................................... ·-----;:---;:::....,.-----

<4~1 ~ ~ ~: ~-. 0111® of Nf oumtxr ol hnes 1n nouce . . . . . . . . . ............................ __ .....::...1....:'3;.&....;;.3 ____ _ 

~-and~.~ ~(.'.'TAoolll••>·t001, tAC N.t, .. ~ Jrde,l\a'aowmment c.nter me1tl -oodng·:~· Noc1h,)u) NC);~Stnldo 1TION Of CHARGES 

~lAC 

~ .. ~.*";~~: Awnue. ~~QIJI • {'IJlumns wide ~quais C'-juivak.ntlinl!.'i 'f.~/~t! ~ (3U}- -234-t~- or~-) .• - . . - $ ~.;. _..,.;,~ ~t.Goa 1 ··!(in _ \;Cll~ per hne ...................................... · .. , .. · ---------

=~;~. ~1-·:~-~!~Y . · ·.r\· charg~ lur notil:es ~:olllainmg wl~ 01 lahular work 

~ . will convene · . ~<.:oriwrtlielci,~_e!; .;.- :I'O:!!Uit•l ab_uv~ amu?un_ . . . . . : . . . . . . -..................... ---------- "1· . ... . ., I J&I'I«.-Gi'~ '<l'•Uh' 

!-'!?!;~ .... ~ Collfec··· .~- ~of~,.(..~~; · ~ cxtm I>HIVI~ vf pubhcataou ($4.0Uior earh ptwl . ...,..._.,....,.._,~.. • ... ~rr.IJ'f(; ~- · 

~-~:~· ~'J{: !'.;\;:;, ~·· · . C:.-.'1.111 ~~ol. . . . . . . . . . . • . . . ...•................••...•.. __ "'l"~~'""!_-/T"J.,----

w • '4~~~ ... il..i .. • : ~IJ:Orit--~t-::.·b'i 40UN 1 or CLAIM . .. .. .. .. . .. ........................... -----=-'::;;....:=;.~-:....:.-__ _ -.1 .r... ~ln-lhll awn. 

Int.......,. .... ·,;.!;..,,_., :~- ·~ -~::tllit -~:. CO G CO . "';;t''~wf·'Wjf1Hf:'l.!...M l ~~-~~'~ ... . t-¢:t MPUTIN S1 

lfwtt ~o(J~qO['~~J,II ,.1, 

F~:if~--~~-~J/-~~~-·~> ~:;!.~f of ,;.,gto column 9.0 .,.,. WW"~~ ~I :,_· .•• t,. -~· ...... ~ ..........,......_\t. ~~. '!.~~~· • • • 

~-~-~ -: ~~~ . ; ·-~~~ l>er ot mscrtaons __ 

of w~. ~~~-~:,~:H.,.·. 

FEDERALIDN 

63-1283140 

==fct(t .. · ~·~: ~-~'il~ · ;·/t >f type 6.5 point 

to -~·.of :fW . . 00:. ';i'e016' 'H' ~~=-=; ~ g,Q,; __ ~. ·~~--~_.the provisious and penalties of Chaptt:r 155. acts 1953, 

~ :bet io'$1.iY. ~ I ~ r~hy certi~y that the foregoing accoullt il> just Md cor~ct. that the amoont claimed is legally due, after 

~-~fot ~~ ~. (S~ -~ JUSt credits, and that no part of the same has been pa1d. 

~~-iW~ ~. ~. may : •:." I . . --IWj',. oornao.utMI ~ ""- llle 

~ omce·of=Alr! ~·: ·~1 =-~-~~ ~;~-of n.... ~ li1 ~o t ~ 20 _ _ _ ~ Tille: Legal Bookkeeper ~· ' 

CGn1«~ lndana l hcxinFnotllloa11on . - . • • • I 

~~~~~A~: -------------------------------------P-U_B_L_IS-H~E~R-'S_'_A~P~Fl~D-A_V_lT~--------------

Indlan8pql8 · • • Indiana · S lil.h! ol lndi ana ) ~··,,J·· , 1 ... 

~- ~ 

~~-:-'~·~325.1 );;.' ·)IndiaN. ~'J>)-t'm. ·L- t·~·P:..I : 

....... >:~~: 

.·· m~ 

~.. ..... e=· .• e.v.: . ... 'T~hlp 211 w Pt.allo..~-- -. JYv,, ~~· . e C®rt ...... ·'<· r ... ~··4~' 

=~~t·~~; P.ulllie-~ tiMaiY ::- .vtl'i1!Jt : ~~r~_~:~~··: Onll' -~ '\!I4JI{;be: 

~M~-thf-~B} 

"~lll'=l&·~~' pu ~-~'!?~t:"'),Q ~~~~- Ill IM.idllohearino· •.. ·•

18 Onllne~~~nd !!:f. . , ~·.:,from .i IQEM'• . 

iL .-·eartY·~·one ~~to 1M'~ at 

=r-:!~l':~ 

ATf.-\('H CO!•\ 

<W ADYERI'ISFMl•:,vr 

U.ERf. 

) ss: 

Clark C:uonty ) 

Personally appeared b<:fore me, u notary public in and for said county 

and litatc, the undersigned who. being duly 

:swom, .says that she is legal bookkeeper of The Evening News 

newspaper of general circulation printer and published in the Engush 

language in the (city) or Jeffecsonvilte in state and county aforesaid, 

and that the printed matter attached hereto is a true copy, which was 

duly published i11 said paper for I time • the 

dates ol blication bdng as rollows: 

8 

'If n ~· 

Soh>i~:nhcd and sworn to before me this £day of~· Wl..J 

~4 = ) 1/l~J./ItU-I~d-~ N~Pu~ My commission expires: ~,~_a ad~ 
Form Prescribed by State Board or A.CQount.s 

Lb£m 

<Oovernment&l Uni~) 

_____ _....La.ke&D~~~..-- County. Ind.l.ana. 

Oeneral Form No. 99P (Revtaed 1998) 

601-46tb Avenye, Munst.er. IN 46321 

PUBLISHER'S CLAIM RECEIVE I( LINE COUNT 

.!~ ,, - c - Dlsp~ Matter (Must not exceed t.wo aotua.1 ll.nes, ne1tber or which shall totaJ more · · · •J · :1( 

t.h&t. four soUd ilnes or type 1n whlch t.he body of t.he &dv~rttsement. IB set) ·~ .. "'Go~ 

or eqUlvalent.ltnes ~~1!"1 "liE 

Head ··number or lines 

Body - number or Unes 

Ta.ll •• number or unes 

Total number or lines 1n nouce 

COMPUTATION OF CHAROES 

/<.f). lines_/_ columns W1c1e eqU&JaJ.::!:A eqUlvalent. ~es at.•li,O cents per line 

Addlt.lonal charge ror not.toes oont.&lnlng rule or tabUla.r work 

$ 3~. q;_ 

(60 percent or above amount.) 

Cha.rge for extra proofs of pubUcat.1on ($1.00 for each proof tn exoess of two) 

TOTAL AMOUNT OF CLAIM 

DATA FOR COYPUTINO COST 

Wld.th or sJngle column~ ems 

Number or tnsert.lons _j_ 

Size of ~ 1iJL pctnt. 

Pursua.nt. to the provtslons a.nd penalties of Chapter 166, Act8 1963, 

' l_) 

I bereby certllY that. the foregol.ng aocount. IB just a.nd oorrect., that. t.be a.m<mnt ol&lmed 1S legally due, a.rt.er 

allowtng all Just oredlt.s, a.nd that no part or the same has been pa.td. 

Date: ~ /tJ .2o& Tlt.Je: --~-_..,:=al=-.:::::Cle=r=-~-----

PUBI.JSHER'S AFFIDAVIT 

St.s.te of lndla.na ) 

) 88: 

L&ke Count.y ) 

Personally appeared before me, a ?otary publlo tn and for aa1c1 oount.y and ste.te. 

~he undersigned f:>£u:t Y/IIC. !f._ RIJL who, being duly sworn. se,ys thAt~e 1s 

Legal Cl~r)S or the .nro.s newspaper or general ctrcul&.tJ.on 

prtnt.ed a.nd publlBhed tn the English lang\18.ge tn the (ott.y) (town) of Munster 

1D t.he st.s.te and oount.y a!oresa.ld, a.n<t t.hat the printed matter attached hereto 1s 

a t.rue oopy, whlch was duly publtshed 1n saJd paper for.:?Mft.tme -·the dates 

.Uoat.lon bel.ng as follows: 
;.~~; ~\· :\'>r,·;:-~ 

( 

( 

ENVIRONMENTAL MANAGEMENT 

MARION COUNTY, INDIANA 

To: INDIANAPOliS NEWSPAPERS 

307 N PBNNSYLV ANIA ST ·PO BOX 145 

INDIANAPOliS, IN 46206-0145 

PUBUSHER'S CLAIM 

UNECOUNT 

Display Mauer· (Must not cllcted rwo tct~tal tinu. neither ofwtlidl 

ahaiiiOtal more dian four solid lines of the type in which the body 

of the advati.scment is set). Numbet of equivalent linu 

Head· Number of lin-=o 

8~ • Number of tines 

Tail • Number oflines 

TOial number of lines in notice 

COMPUTATION Of CHARGES 

~ lines -1Jl columns wide equals .1.MJ1 equivalent 

Additional c1wJe for ft()(i(CS containing rule and figure worit (SO pet cent of 

above amount) 

Ch•rg~ for Qtra proofs or publicauon (S t .00 f01 cadi proof 1n excess or two) 

TOTAL AMOIJNT OF CLAIM 

DATA FOR COMPUTING COST 

Widlh or 'I nate eotaJM 2.ll ems 

Number ofiiiRI1ioru.l.Q 

Site of type il point 

PunviJifllo lite pnnvlorrs a11d fHnalliu ofCh~r IS$, A Cis of 19JJ, 

s--~-

s __ ........ _ 

s _ _ _ _ s _ _ _.__ 

$--~-

s __ .....:L4l ... lu2 

$. _ _ ........ _ 

s .oo s _ _ ____....,oo._ 

s. __ ........ _ 

s _ _ _..._ 

--~- s. __ ........ _ 

s __ -z..,""'.a""'" 

t hereby cenify rhallile foreaoinsaccount is just utd corT«t. ltoat the amount claimed Is leplly due, after 

altowin3 all just em!its, and that no put of the same has been paid. 

DATE: 07/0112Q92 

80S1S-l294777 PUBLISHER'S AFFIDAVIT 

Fonn65-REV t-U 

Stale of Indiana SS: 

MARION County 

Personalty appeared \x'(ore me, a notary public in and fo~ said county and ~. 

the undersigned SUSAN FLODDER who, being duty $W'Oill, sa~ that SHEil detlt 

of the INOIANAPOUS NEW Sf> AP ERS a DAILY STAR. newspaper of general circulalion 

printed and published in the .&glisb t&~~~~~aae in !he ciry of INDIANAPOLIS in state 

and eounry aforesaid, and that !he printed maHer attacfted hereto i$ a tnlc copy, 

which waJ duly published in said pepcr for I timc(s). between the dates of. 

06128101 and 06128/02 

"""""'"""""""""--~""''n'" 

~~ ~ ! 

- Notary Public 

0/ANA A. SUMMERS 

My commission elll'ire$:. ______ otuy-f!nrPII,blic,.·,...·~Sta_,te,..;ol;;,.:;.:lndlana =--- - Coutl(y 01H:Iillllt0i\ 

STATE PRESCRIBED FORMULA 

My Commlssloo Expires 08<:. 17. 2008 

RATEPERUNE 

7.83 PICA COLUMN -94 POINT 

94 POINTS I 5.1 ·PT. TYPE· 16.49 

1M9 EMS /250 - .06596 SQUARES 

.06596 SQUARES x $.4.67 • .308 CENTS PER UNE 

PUBUSHED 1 TIME • .308 

PUBUSHFD 2 TIMES"' .462 

PUBUSHED 3 TIMES• .616 

PUBLISHED 4 TIMES• .770 
j 

~o: J o u rna I Gazette 

ACicn County, Jndiana 

P.O. Bo~e 100 F011 W11yne, IN 46802 

PUBLISHER'S CLAIM 

COMPUTATION OF CHARGES 

9lfrwes, / cotumn(s) wide equals 'Jtj' equivalent lines 

at~ s/f7 cents ~r line 

Additional charge for notices containing rule or tab work 

___ ....,....r ..... s..,o._.ot. Ahnv,., :.mount) 

l..epl 119Cial ol Plllllk Keatlllt 

S1.D e.tpl__. PIIQ ($1PI s••lalol 

· ~ lllld fJOJd ~. Jublication ($ 1.00 for each proof in excess of two) 

HoCKe is herebY&.-. 11~ 40 CfR 51._102 and IC 

4--22-2-24 1fta\ 11\e lndian11 Ail Polluloon (;Oaltc 

Bowd (board) ""'II hold. public; hUtilll al ib n!l'l...--. CLAIM 11 sdleduled I!Metk>s on~ 1. 2002. The purpose of this hearing IS to receow j)Ub!IC tcmmeflt on ~1$ to roiC'5 at 326 lAC 1~·1. Desena· 

lions: 326 lAC 4-l-4 I ()pel! bllmir>e IPI!'o;wai: aile· -~ tnd cood•IOOIIS; 32t; lAC 8-2-9../ M~ 

meta~ ~;111 Ol*atoons: 326 lAC _1 ~+ l. Cof:ltrol aflG COST 

&moline Reid vapor ~suoe, applicMiilit'l ootl;etl - . 

iJfoooMd lOt final ~ion by !be board. The meellf13_ Wilf- at t:OO p.m. on the Conlec-ence Center.i ems 

Room C. 111 the Indiana GcNemm«rt ~ ~· 4102 Wesl WGI>ongton Slteet. .lnd~OS. tnd-..o. 

All interested penon$ an! imrote<l -~ _wol) ~ 11wen 

reasonabhl opj)(ll'lunily 1o ~ tlleir VoeM ~-

irclloe ptOil054Id rule:!.. 

T~~lung_th~ isthe~bieelollhishear~~-md penalties of Chapter !55 Acts 1953 cern~ tile ·~-o1 Cl.vtc Mid Floyd COIII!lill!s to , ettaiAment of lhe OM·hoiJr ozone~-

s 

s 

s 

$ 

( 

~-of~ !':r-~•i:~~v~ra~b}~ ~at !he foregoing account is just and correct, that the amount claimed is legally due, after allowing all 

~ ~lowir>e ~lion$; · 1 of the same has been paid, and that the printed matter attached hereto is a true copy, which was 

'ndiaN ~mcnt o1 Env;rorom. en!.\1 Man,.emen~ •• r for / time (s) the date of publication beincr as follows· 

'tice of A.r Qlllllily. lndi<IM Gover~! center· · • • · · ·-· · · ' "' • 9 

..ortll. 100 North Se_nate Avenue. lOti\ lroot-EltSI/ ~ ....., 

.,q. IndianapoliS. lndoan. 46204. b._ d _ ( 

Lqis!.lliwe ~iats Aaency. One North Capilol Avenue, Suite 325.1ndoaMj)Qios. lndoana 46204,. ---,.----------------------------------------

lndi...apoii$-Marion Coun!}l Public libr~l)l. 40 Easl , 

St, Cl.lk Streel,lndiathtpolos, lndiar>ll Mi204. "7 / _,4 ./1 

~lie Towns/lip Pub4ic litl.-ary, 211 .~$1 ~/~ 

Court Avenue. Jellersomoille, tfld~na 47130. 

New Albany-fk¥:1 Coonly Public library, 180 )'/esl 

Sfxi"' Sbeet. tfew Alblny, Indiana 471-50. 

·Oral statemet~bi will bl! !Ieard. but fot _the aa:uracy of 

the rocOrd, ~ submit sta!eman~ 111 Mito"' to ttoe 

aHendant ~ed to receow written comtn~~t~b at 

the public ~~eannaOoline boafd documenl.s <MY be v.ewed and 

dowrlloaded l101n 10£M'J Web site as owrty ~ one 

June..2.9, 2002 

DATE 

PUBLISHER'S AFFIDAVIT 

-- prior to the me!llnc at 

~ttt--~ulo::llai[bpMd/. :tate of Indiana 

·A 'tn~lll o1 trw: loe:ll'i"'ll: ~nd au ..,itten S<Jbmis- i ) 

~ to trw: board ~ the publoc ne..nrc dla~ w open . to J1Ub11c in.;,etl.ioo at the lotdianll ~ment ol £n· : • 

. vironmental M~l and~ may be made lien County !· ~m~~'lable 1o •ny·penon upo" payment ol.re~ , 1.. 

cosb. Any~ he_Md or represent_ed_at the~'"' 

) ss: 

) 

01 reqoJeSti~.not~ shall be pllell written noto.c of 

,.~.~ the board. . 'ersonally appeared before me, a notary public in and for the said county and state, 

Foi':addilioo\111 inlofm.tloon co<llact Clwys+..al Wagner. h b . d h b . d 1 h h / h . Cl rk f h F 1·.t tt.lndiana ~rtmt11t ol rn...ironrnaotal "'-ae- e a ove s1gne w o, emg u y sworn, says t at e s e 1s e o t e ort , ment, ()ftice ol Air Ou.iohly, Room 1001. Indiana Goo- • . • • • _ 

i-~~~tet~W~~~·<=\~~~: ~ayne Newspapers, a general ctrculatton pnnted and publtshed 1n the English 

i6027ext. ~1'203_on IAdi~l\a,_ anguage in the city of Fort Wayne, in state and county aforesaid. 

Ms~s~a~in~ >ubscri d and swor re me this ..2;fday of June, 2002. ~- . . .. . . . .o,":Q?'A•Quality .. I L . 'IndividUals ;eq~;ri~ rusonable aooimmcxlations lot / / 

~partitlpatioo in thi~ ,._,t should ~~ lhe lnd~ / ~ • 1 ~ ~_...., :Department· CIA· ErrVIronn'lel\lal Ml~ l.'r>f/11· ,_,;_ o-:..-......_ ___ ...:....::.....<:~-.;:,..'-_.:..-----.....-= 

:~""'th o;s.bi~ies ~ c;oor~i-nator a,t: · \nne M Perkins 

1 • ·· ·: ·, ' ·. - Atln· AD.*. Coordina!Ot • · 

· lno:!i-.OI:pftt"-1 CIA~~"'~ --lotary Pubhc State of lndwna, Allen County 

~ · · ..• ! , ,., · · ~~N. ~~ 60~ vfy Commission Ex.pires on ll/29/09 

1 -;, • . (: • ~, ,_,, lnd~is,)N 46206-6015 : 

!,;.. ~.i (311ai2:i!t.oasf· ~:.nd ... .,ina_im- · '~lllld allers iiYy.corot.ct lh& ~ wla tllillndian.to ~R~~ Setvic:e at l-800-743-.3333. PINse ~a 

:m~ ol72 hours'· nulific.ltion. ~~29- 690l7 

( 
Fonn Pmc:ribed by Swe Board of A«::unts Ge.n.era.l Form No. 99P {Revised 1987) 

IND DEPT OF EHVI'RONMBNTAL MGMT XIT6 To: EVANSVILLe COURlERIPRESS Dr. 

(Oovemment Uolt) 

P.O. BOX 268. EVANSVll.L£ IN •RECEfV.En 

VANDERBURGH County, Indiana 

PUBLISHER'S CLAIM 

LINE COUNT 

Display Matta-(Must not exc.etd two uuaaJ lines, neither of which shall totaJ ~~~~~""""-..._. four solid lines of type in which the body oftht at.Jvertisemenl is stt) •• "

110 .. t4-"l:t.__, 

Number of Equivalent lines .........••....•....•... 

Head·· number of lines 

Body - number of lines 

Tail·· number of lines 

Total numbet of line$ in notice 

COMPUTATION OF CHARGES 

_....;IJ;...7_ lines, Columns wide equals I 31 lines 

....;.:·3.:..9:...5 __ cents per line .................. . 

AddilionaJ charge for notices «~ntaioing role or tabular work 

(50 peroent of above 8JTIO\I(lt) ••••.•••••••••.••.••. 

Cltarge for extta proofs of publications (S 1.00 for each proof 

in excess of two) .......••.•.•......•. 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Widlh of single column 

Number of insertions 

Size of type 

13.5 ems 

I 

6 poin1 

Pursuan1 10 the provisions and penahies ofCblpter ISS, Atts 1953, 

S S4.12 

$54.12 

1. hereby certify tiUI1 the fon:goi.ng a«o~Jnt is j~Ut and corr~ that lhe amount claimed is legally due. after 

allowing all jllSI aediu, aod tl\at no part of the same hL'S been paid. 

Date: JULY 22 _2;...;00;_2;:_,__ Title: BOOKKEEPeR 

PUBLISHER'S AFFIDAVIT 

Stllte oflndiana 

) ss: 

VANDE.RSURQH County ) 

-My «~mmission expires : 
r"""l"'"''''ll _ _..__,u;' Prescribed by state Board of Accounts 

flillll':ri'iiolf. . . . fb f tl\ 

;'"OF' Co (OQ.vcmmcntallhrit:) FU)vo·' uoty, Indiana 

~8 FO.R .1-HOQR. PUBLISHER'S CLAIM 

&TAHDMO: ·.:·· .=z UNT 

General Form No. 99p (Revised 1999) 

From: 1be Evening News 

22l Spring St P.O. Boll 867 

JeffersoovtUe, IN 47130 

- - Hodo8" 11 ·. t'lervby .... . ~ co 

und8t .. 40.•CfR:&f:'{~"f:J Display Mauer (Must not exceed two actual Lines, m:itber of which shall 

.lC· = · .c-~~~~ total more atan four solid lines of type in which the body of the J;) J ~ W!D hold 8 advertisement is set)·· number of equivalent lines . .......... . ........ --~-...1.------ ~ Head-- number of li~ ............. . ... . .... ... .. . .. . .... . ....... --------- -

~ on Jane S; 2002: Body -Number of lines ....... . ... . .... . . ... . . . ... .... .. .......... ---------- The ftl...-l>. of ttllt l'ieal1""' T: 'I L-- f I: .,.. !(;;'":"""' · : pU\)iC . ..,8l 

1

-- nu~:C of 

1

_unes. . .. : ......... . .. ... . · · · . · . · · · · · · · · · · · · · · · • · · -~M.....,..,..,------ on. amenc:tmenW· &Ota numU<'f o 1nes •n nouce ....... . .. .... . .... . ... . ... . . . . ...... . --..a~~_,. ______ _ eo"* 

~· 

~ 

at 

~ 

326 326 tAO IA'C 1-<44-1·1, · ----------------------------===========- · ~: fPUfATION OF CHARGES ~~~~:_lines. _j_ columns wide equals m equivalent lines 

~c ,.~ • .,·-- '"'""· l.i $ ~ ~...., ~~~~~f:i ~~~~ ::: no'::~-~~~~i~~ ~~~-~r·l~~ja:., .;.~;k· . . . . . . . . . . . . . . . . . . . ---=:.0::::;.......~..:..· ..=J::....J_,_ ___ _ 

~ ~~ ·-"!:'tl:-· l!.:~ '-i.-1 ~· (50 percent of above amount) .... . ...... . .. . .................... . ... ----------

'"*"';~·=~:!

~ . ~e for extra proofs of publication ($4.00 for each proof . . .,..ung • w11 ,1n excess of two) ........... .. . ..... . .. .......................... - --,...,......,r7'1,-----

=:'!1~8r~:a=~· AMOUNTOFCLAIM . ... ... .. ..... ... . .... ........... ........ ?'t/·&7 

c.

~. 

. at the : ·~~---...---:-----=----------------------------==========-

FOil COMP!fl"iNG COST p ·. r;&o;~-90ems 10...... ·.,, . . ~--· ~ ~ . 

·. &\ .wn~. ~ Jl(.lilc -

- ... -~,: 

~%e· ~ ~~~ lpenaltiesofChapter 155,acts 1953, 

FEDERAL ID## 

6~1283140 

The ~· . ~ Ia· the . ' . ·' ':'ol 

Of 

to 

aut 

r-·"wntne and Of ....

.......,....... . ~ -~~ . . ~ upco ~ ~ 

My e foregoing account is just and correct. that the amount claimed is legally due, after 

s~~ ~~ batnopartoflhesamohMboen,Wd. ntu;dht,r \J) Un~A'·'· ~ niQUIIStb- an<~~ ~ · writ.n .. nolc:$· of ~ {)1!t~ fl· [UILJ.fiU1 

~ at the folowl~ ~~ 

~alE· 

.. ~ Title: Legal Boolc.keeper ntlllna ·Whitmer . ~ IJtl ..... (i;" . '\~ ------

~.-.....of~ : ~!& . ·. . ~.- .. ------------~~~-:----==---------------- ~·"l':\"'.7''~\~ ~GCflcle Of . .AJr PUBLISHER'S AFFIDAVIT ......:.---:..- ....:..........- ..... ..... _ ~· .AOom·: -.l0$1, S f I d' ) ~Nc;"'~:A~: ~~=: tateo n tana )ss: 

lOth . floof-Ea$t MlO. fo.YeiMJe, ~ or ·01111 ~.. lnckna (S17) 23$-8628 ·or (800) Clark County ) =.nw . SeMoes ~ ext 3-8828 (h Personally appeared beforee!J, a n~tary~Jke in and for said counly 

""""".""". • One North'~ J ...... J .·M..,._;.._ . . ·: . d tb d . ed I lf...J.JJK llat·t. h be' d I ...,.,. • .,.., ...... "' UV<IW'> an state, e un erstgn · " ~~IJVD. w o, mg u y ,wnue, · Suite . . • ~ Comc•IIMioner • ~1$. 

~ 

. · .. ~ omoe of Air Quality . , · · sworn, says that she is legal bookkeeper of The Evening News 

: ~: · newspaper of general circulation printer and published in the English 

~ li::!!· ~'1.:: i w~c· ''":,; languago in tho (city) of Jolfem>nvill< in state and county af<><esaid .• 

ndlal\a46204. ~ T~ . · : . . ~·--·~ . •.. ~ .).t·'r,t·ot and that the printed matter attached hereto is a true copy, which was IJbf8,ty 211· ·ea.t .. t~i! -: ~"" .; l I 

!OUi1 . - . ·. • •. ·. A~ •. ~:nee,{ ~r duly published in said paper for time the 

ltrfetioqylle; . . Jn!:Rana wtltl . ,;.:;L_"'.!.n...ee .·.i.;'.N:i dates of publication being as follows: 17fSO" ... · • ~·:;c·~ ... h...~<·>;~::·· ~.. #!. l · •

~ 

.. ~'RoY<~. ~nty~ ~T.~:/: ., MA J k l/}, 1CfVl_ ·lbary,· 180 'W,fl8t ~~ot-::- -LA- - --· lA-~ /;A~ 

==-~~ ~·~ : .. "':. ,::(f .. :·;~; ··;~:·-.r~;: lnll' ... "'*"'. w1l be : . , ...... ;., ... . -. -.rd. IMit.fOI' ~ aoouracy • 1oQ. ~e ~>~. . of the~ j,I~NU!$ submit : P,Oi'-~ftf' ., ; :~·· u~·~ ~~ ~~~t': ~ts,::';· .. ·.·"::;,,, O(:' :Ce~l. {817) :~1~. _......_ ....... ,..., TOO:· . . ~17) . 232~ .• llthet-I~"'V

)nllr~ bOard ~ 

. "~ 

~ · · 

aM 

caller1i· . ~ · may· 1\8 • . • ~ and Ooriaot the tgenty vta· 1he 

~ ~ from IO.EM'• k'ldl4n& ~iY s.~ tt 1· V:eb aile: ... ~ u .one 800-143-333&. · PleaSe I!Mk pctor tQ 1he m.etlnt ... ~ ... cnlnlmum . 'of: 12 

~~al~~. hotmr-~~···. -~·-.-~-.: 

Subscribed and swom to before me this£day of#-· 20~ 
_(_ . 

Form Prescr1bed by State Board of Acoounts ~eral Form No. 99P (Reytsed 1998) 

rDt£m 

(Governmental Unit) _______ _.I .. A,.k,.A.._ __ County, lnd1all& 601-46th Avenue. Munster, IN 46321 

PUBLISHER'S CLAIM 

LINE COUNT 

Displa,y Ma.tter (Must not exceed two aotual Unes, neither of whlch shall total more 

that four solid lines of type in wh1Ch the body of the a.dvert1Bement 1s set) -· number 

of equivalent llnes 

Head -- number of lines 

Body ·· number of lines 

T&ll - number of lines 

Total number of llnes in nottoe 

COMPUTATION OF CHARGES 

IJd lines _j_ columns wide equals If.:. I eqUivalent llnes at • ~ k> C. cents per line 

~":r:.r:.:'~ nal cha.rge for notices contatnmg rule or tabular work lo ,. !loa!d Ill ,. publo a!•¥.'i'i!·. rcent of above amount) 

vtroninanrlil Men•li•m•nl tor extra proofs of publication ($1.00 for each proof in excess of two) aroct OOPIN noey w ·~MC~e 

. = •••liable lo anr petJOn 

ror.:."' A-:~~.':;. r.aar~!.L!•P•-nr•d ar AL AMOUN'l' OF CLAIM 

::-

!he 

nollol 

~"';i;ii 

of~-oi or ~ 

"" boanl. . 

~"f.cr~ ~; ~R COMPUTING COST 

of·Enwtloo.,...llal 

manl. 

•• .,. 

Ollioe 

'lndlar!a 

ol 

= IJI Oua • Room -100 I, lndlan.l GoY· ........... cant.f-NOflh. 100 HOflh s.n... x-~ .rr.. dia~ll 4l52011, or caa f3, n 232·12211 or . (1100) 

46.1-G027, en 2-1122t Iii ~----

1011.~ acco~J:: 

~~·=~~~~ ·::: 

of stngle oolumn 6.4 ems 

r of lnSertioos -If type .fWi.. point 

t to the provisions and penalties of Cha.pter 165, Acts 1963, 

$ 

$ '-/1. g, 

lndlarM =-= of En· 

==:-~~ Acl~ar. • 

by certify that the foregotng account 1s juSt and correct., that the amount claimed 1B legally d.ue, after 

-9:11 Just ored1ts, and that no pa.rt of the same has been paid.. 

AM:.AOA c-dna101 

-::r.:~~---.· -~~:A ... 

==r16. 

, lndllna 4 . . I~ I 

l 

• 20 tJJ,. 

State of Indl.ana ) 

) ss: 

-~La.ke~~-County ) 

TIUe: ________ ~Le~~~C~l~er~k~~---------

PUBLISHER'S AFFIDAVIT 

Personally a.ppea.red before me, a. l)Ot.ai'y public In and for s&id county a.nd st.a.te, 

the undersigned lJ C Lfl Y ftl C: 11 R tJL who, being duly sworn, sa,ys tha.t~e 1s 

Legal Clerk of the TIMES newspa.pe~ of general ol.rcula.tton 

printed a.nd publlshed tn the Eng!jsll language in the (city) (town) of Munster 

in the state a.nd oounty aforesaid, a.nd that. t.he printed ma.tter attached hereto 1s 

a t.rue copy, wW.oll was duly publlshed In said paper fo-IJJIE. t!me ___ , the dates 

publioatton betng as follows: 
NVIRONMENT AL MANAGEMENT To: INDIANAPOLIS NEWSP APBRS 

WUON COUNTY, INDIANA 

307 N PENNSYLVANIA ST- PO BOX 145 

INDIANAPOLIS, IN 46206·0145 

PUBLISHER1S CLAIM 

NEC\JUNT 

1spley Malter· (MIIIC not Gllc:ecd CWO ec:blal Jinq, ncichcr of which 

allll>tallllOrl: lbln four solid lin• of lbe l)1IC ia which the body 

of the adveniJement ii at). Numbcufequi\'llau linea 

!Iced • Nwnllez ofl iDee 

Body· Number ofline. 

rail· Number oflincs 

Total number oflinCii in nolice 

:>MPUTATION OF CHARGES 

lllJllint$ ~columns wide equal• ...l.l.1& equivalenr 

lint$ at JQl oenra per line 

\ddirional chup for notice$ contalnina rule 1111d ligu~ wwlc (SO per oent of 

above lniOWlt) 

:;harJes for exn proo& ofpublic:alion ($1.00 for eacl1 proof in cxce:A oftwo) 

TOTAL AMOUNT OF CLAIM RECElVED 

~TAFORCOMPUTINGCOST 

Nidth of sin&lc column :z.n liN 

ibmber of iaxrtioa ...l.Q 

Size ofl)11C U point 

MM 1 I {00'2 

~~~ Olllca al Nt <NUl'! 

"-<<A1 to 1116 pro-.trlolts 11M ~iu of CMpzu I !J. A eLl of /9JJ, 

· hcrd)y cenify thai cbc foreaoin& 8CtOII!Il is just ud co~ tlult the -nt elaimcd i5 tc,.tty due. aftu 

lllowina .tl j~Ut cndita, IIIII dial Do put of llle arne lw been paid. 

A.TE: 0511412002 

~0515-12186.58 PUBLISHER'S AFFIDAVIT 

Swe of lndi11111 SS: 

MARION County 

s. ___ .._. 

S·---~ 

$. ___ ....._ s, ___ ~ 

s, ___ ....._ 

s. __ ~J4!.JIIIllo 

S·--~-

s. __ ......... .Jlioo~~_ s __ ......ol!.oolL 

$ ___ ......._ 

s __ __.__ 

$. ___ _ s ___ ...__ 

s __ ~J.c11l.l·•lllo 

Personally ~ppt&red before me, a no1ary public in and for sa.id county and Slltte, 

rm 6S-REV I-&& 

the undcnipted SUSAN PLODDER who, being duly sworn, SlY' that SHE;, deli~ 

of the INDIANAPOUS NEWSPAPERS a DAILY Sf AR n~ of pcr1l circulation 

print.ed and publWled in the Snglish l~nguqe in the til}' aflNDIANAPOLrS in suorc 

and county aforesaid, and that the: printed mallcr IIUKhed hereto is a INC: copy, 

which IRS duly published in said paper for 1 timc(s), between the d&IC:S of: 

Subscribed and sworn to !xicra me on OS/ I ~OOl 

k?(k~ !{LJ_~ . DIANA R. SUMMERS No~a~y PUblic 

Notary Public' Stall! of Indiana 

My cormnllsion ~ln:os: u., Count;y at fiamllloo ...,. Cclmmiasb1 ~WI 09t: 1 I , 2W'J 

STATE PRESCRlBED FORMUU. 

7.83 PICA COUJMN · 94 PO.Nr 

94 POINTs I 5.1 PT. TYPE · 16.49 

16.49 BMS 1·2SO • .06596 SQUARES 

,06596 SQUARES x $4.67 • .308 CENTS PER LINE 

RATE PER LINE 

PUBUSHBD I TIME - .308 

PUBUSHED 2 TIMES- .462 

PUBUSHBD 3 TIMES~ .616 

PUBUSHED 4 TIMES"' .770 

( 
To: Journal Gazette fld.o/~~ P.O. Box 100 Fort Wayne:.. IN 46802 

Allen County, IRdi.na 

PUBLISHER'S CLAIM CJ .:OMPUTATION OF CHARGES 

q s-' lines, J column(s) wide equals 9 ~uiva\ent lines 

lrt • ~ (, 1 ceniS per line 

Additional cllarge for notiee$ containing rule or tAb wort 

(SO% above amount) 

Owge for extra proofs of publication (SI.OO for each proof in exCe$$ of two) 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Widlh of single column .ll..t ems 

Number of insertioJU 

Size of type §_point 

Punuant to the provisioJU and penalties ofOaptcr ISS, AciS 1953 

s 

I hereby certify that dte foregoing ac:count is just and correct, that the amount c I aimed is legally due, after allowing all 

just a-edits, and that no part of the same has bun paid, and lhll the prinled matter attached hereto is a true copy, which was 

duly publis~ in s.)id paper for .... / ..... time (s), the date of publication being as follows ~ 

0 

c 

sPUBLISHER'S AFFIOA VIT 

State of Indiana ) 

) ss: 

Allen County ) 

Personally appeared before me, a notary public in and for the said county and state, 

the above signed wbo, being duly sworn, says that he/she is Clerk of the Fort 

Wayne Newspapers, a general circulation printed and published in the English 

language in the city of Fort Wayne, in ... s;ate and county aforesaid. 

Subscrib and s om be o m this Lday of May, 2002. 

Anne M Perkins 

Notary Public State of Indiana, Allen County 

My Commission Expires on 11129/09 

.. 

teplllollct ol Pllblle IINri"l 

St1le tmJ)(ementB\ion Plan !SIP) Submfttel RedesUr1.1Uon of Clar1t end 

Floyd Counties for f-Mur ~ S\Jndlfd 

Hot~ is benlby 1~ under 40 CFJ! 51.102 and 

4·22·2·24 Ul&l l.he lndlane ,., Pollution Coni Board (board) wilt hOld a public hearlna It ils 111$UI 

1y scheduled meetlr8 on June 5, 2002. The purpt 

cif tllis ~na IS lo ~ oubtle tOmmtnt emenc3rnec~b to ruleS at 326 lAC 1-4-1. Oesta7 

lions: 326 tAG 4-1-4.1 OPJ!n bumlna ~·'• cit • ria alld c:onditloM; 326 lAC 8-2·9, N'15Cetlanec JmGtat.~ operlltioftS: 326 tAG 13-3-1, Cootrol 

8a501i!le ~ VII)« ~e. llfll)lic:abilit)t wtllc;h I 

i jitoposed tor pcellmillllY l(lc)pticn by the boW. l I meettrc will COfl\'ei'M! at 1:00 p.m. In lhe Confenn 

I Cenll:t, Roocn C,:at the Indiana Go.efl\l!lellt Cen 

Soulll, 402 WI$ WI!Jlington Street. lncfiiii\I9Qiis. · · dilllla. All inttft~Sted persQnS ere lrnriled and will 

(liwn reasonab~ OIJP(Irtllnlty 10 txP<CS1 lhdr vie CDnCCfl\~ tile dnllt R.les. 

· The rutemakln& that is the subject of tills heariQil oc c«Mihe tedeSipat.iof> of Oatil and Floyd counties 

1natnment of tJ1e one-ho(lr ~one standltd. 

.()!pies ot !he ~~laW rules ...a available to any ~ upoo request and •!! ·a.ail¥lle for public 1~ 

. at 111e toflowlna ~ton$: 

Indiana Oeoalt~ of EtMronmen~ Manegame~ 

Office o1 ~ Quality. Indiana Go.emment Cerm 

North. 100 Hortll Senate A-. lOth ltooc·u 

wi"'J, lndlllllpolis, Indiana 46204. 

Ugislati'R SeMc6S ~. One North Ceohol A~ 

I nue, Suite 325, lndlanilloll$, Indiana 46204. 

llndlanafl()II$-Mation County Pub41c lltntv. 40 Ell st. ct.ll s~. toollnapotot;. lll<llana 46204. 

JetleiSOI\IIIUe TownshiP Public lib4'11J, 211 Ell 

Court A~ Jeflenarrrille, llldiena 47130. 

New Afbeny-ftovil County Pu~ Llbtlty, 180 We I Spri,. sereet.lfew AI billy, Indiana 471 f.Cl. 

j ()fat Ntements will be heard, but lor the ac:wtacy the n!COrd, pluse $UI:Imlt statem4nts In writh-e to 11 

lttendanl ~ 1o receive Mitten awnmenb 

the public '-If!&. 

OnUne bOard dOcuments mey be .;~ ar downloaded from IDEM's Web site as arty 8$ 01 

-k prior to the meet ina at: 1 . --'N~air <UIG'a tboarl 

I A trlfiSCI'ipt ol the hearin(l IOd ~~ written SUbm1 , $ions to the bolrd at the public healif1C llllall be opt 

; to public l~ion at the lnd~ O&partment of £• , vironmental MatleCemelll and CQ9ies may be mac available to aey person upon payment olreproauctio costs. Atry person heard or represetlled It lhe huM 

01 requesting nc:Jtlce 511111 be given written I'IOitce 1 

the IICtlon of the bollrd. 

FOI addltlonal Information contact ~ Whltme 

at the Indiana ~rtrnent of Envifon-nlat Man~~~ 

m~~nt , Oflioll ol Air QuaHty, Roocn tOOl. Indiana G01 

emment Center North 100 North SenJ!e A'<enue tr 

dianapolls or c:all (3\ 71 232-8229 or (800) ·:45t 

1 6()27 ext.2.a229 (In Indiana). 

't 

I 

I 

Janet G. M~bo Ass.i$Unt C<rnm issione 

Office ol Aft Qua Ut: 

· Individuals requiring reasonable accommodJllons lc 

pertlclplllion In this evea1 should conlec:t the Indian 

Department ot Environmental Man~t. Aml!ri 

QIM with 0/sebllltles Act coon:llnator II: 

Attn:~ COordinator 

Indiana Department of Environmental ~t 

lOON. SenMII AP.O. Box6015 

I nd llnapolls, IN 46206-6015 

or Qlt 1317) 233-0056. SPI!eCh alld bea<lne lm 

Paired callfls may <:Ontact the ¥!11CY Yla the Indiana 

Relay SeN~ at t.S00:.743-3333. Please~, 

minimum ol 72 hollrs' notification. 

f>.-4 . 150767 
fonn Prescribed by SWe Board of Accounts General Fonn No. 99P (Revised 1987) 

IND DEPT Of ENV'RONMENTAL MGMT Xll6 To: EVANSVILLE COURIER/PRESS Dr. 

(Government Un it) 

P. 0 . BOX 268, EVANSVILLE IN 4n02 

VANOERBURGH County. Indiana 

PUBLISHER'S CLAIM 

t.u"'E COUNT 

Display Matter (MuS1 not exec~ two actual lines, neither of which shall total more than 

four solid lines of type in which the body of the advertisement is set)-

Number of Equivalent lines ......... ... ........... . 

Head -number of lines 

Body-· number of lines 

TQil - number of lines 

TOOII number of lines in Mlice 

COMPUTATION Of' CHARGES 

139 lines, columns wide equals 

_.;.;.3.;..95:;.___ tents per line 

139 lines 

Additional charge for notices containing rule or rabular work 

(50 percent of above amount) •....... . ........ .. .• 

Charge for extra proofs of public.etions ($ 1.00 for each proof 

in excess of!Wo) •... .. . . .......... . .. 

. 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Width of Single column 

Number of in sen ions 

Size of type 

13.5 ems 

I 

--6- po1m 

RECEIVED 

MAY 2 0 ZOOZ 

Oeonneol OlftU ~~ ttl Nt Oollltt 

Pu111uant to the provisions and penahies of Chapter I 55, ActS 1953, 

s 54.91 

$54.91 

lltenlby certify that the foregoing accounr is just and correct, chat the amount claimed is legally due, after 

allowing all just credits, and that no pan of the same has been paid. 

Date: MAY 16 • 2002 Title: BOOKKEEPER 

PUBLISHER'S AFFIDAVIT 

State of Indiana 

) n: 

VANDERBURGH County ) 

Pel"$0naUy appeared before me, a notary public in and for said county and state, the undersigned 

Vetonica Dunkel who, be1ag du.ly sworn. says mac ~ is BOOKKEEPER of the I Evan$ ville Courier & Press 

newspaper of general circulation print~ -nd published in me Englisb language In the (city) (town) of EVANSVILLE in state and 

county aforesaid, and dlat the printed matter anached hereto is a true copy, which was duly published in said paper for 

1 time(s). the dates of publiel!tion being as follows: 

MAY,6,2002 1 t e 

Subscribed and sworn to before me this 16TH day of MAY , 2002 

NOTARY R!:SIDENT OF POSEY w aA;J~--r?L_--z-"7"'i;<-- -----

:om.mission expires : 09/28107 
ATTACHMENT N 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

f-~ 12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

.{ 

. ... .; 

1 

-- BEFORE THE STATE OF INDIANA 

.1'\£.\....l!.tl v m; u 

JUL l 6 2002 

BOARD .__.,_... ..,.., .... AIR POLLUTION CONTROL 

PUBLIC MEETING OF JUNE 5, 2002 

ORIGINAL 

PROCEEDINGS 

before the Indiana Air Pollution Control Board, 

John Walker, 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 c, 402 West Washington Street, 

Indianapolis, Indiana, on Wednesday, June 5, 

2002 at 1:02 o'clock p.m. 

William F. Daniels, RPR/CP CM d/b/a 

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 
1 APPEARANCES: 

2 BOARD MEMBERS: 

3 John Walker, Chairman 

Thomas Anderson 

4 Dr. Phil Stevens 

Randy Staley 

5 David Benshoof 

Chris Horn 

6 Howard w. Cundirf, Proxy, State Board of 

Health 

1 John Bacone, Proxy, Department of 

Natural Resources 

8 Michaela Kendall, Proxy, Lieutenant 

Governor 

9 

10 IDEM STAFF MEMBERS: 

11 

12 

13 

Janet McCabe, Asst. Commissioner 

Kathy Watson 

Wendy S. Hoffspiegel 

Dav-id White 

14 NO PUBLIC SPEAKERS 

15 

16 

17 

18 

19 

20 

21 

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 

vl 

1:02 o'clock p.m. 

June 5, 2002 

CHAIRMAN WALKER: The June 5, 2002 

4 

meeting of the Air Pollution Control Board will 

come to order. A quorum of the Board is 

present. 

I will introduce members and their 

representation: Tom Anderson, representing 

environmental; John Bacone, proxy for the 

Department of Natural Resources; David 

Benshoof, representing small business; Howard 

Cundiff, proxy for 'the Department of Health; 

Michaela Kendall, proxy for the Lieutenant 

Governor; Randy Staley, representing 

agriculture; and Phil Stevens, Dr. Phil 

Stevens, representing the general public; and 

I'm Chairman John Walker, representing 

manufacturing. 

At this time, we will have reports from 

our Deputy Commissioner, followed by the 

Assistant Commissioner of IDEM. 

MS. MCCABE: Okay. The Deputy is 

not here today. He had a legislative meeting 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

,.. . 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

L 

CHAIRMAN WALKER: Dr. Stevens? 

DR. STEVENS: Aye. 

CHAIRMAN WALKER: And I am voting 

aye, also, Chairman Walker. The repeal of 

326 IAC 11-5 passes. 

43 

Item 3. This is a public hearing 

before the Air Pollution Control Board of the 

State of Indiana regarding preliminary adoption 

of amendments to rules 326 IAC 1-4-1, 

326 IAC 4-1-4.1, 326 IAC 8-2-9, and 

326 IAC 13-3-1, regarding redesignation of 

Clark and Floyd Counties to attainment of t he 

one-hour ozone standard. I will now introduce 

Exhibit 2, the draft rule, into the record of 

the hearing. 

MS. WATSON: Here's No. 2. 

CHAIRMAN WALKER: Okay. Kathy, I'm 

sure you'd like to give comments on this. 

MS. WATSON: Just a few. 

As you recall, Clark and Floyd 

Counties, down in the Greater Louisville area, 

was redesignated to attainment for the one-hour 

ozone standard last fall. As a necessary 

( 

( 
( 1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

~ 

44 

measure, then, we must move forward to 

incorporate that redesignation into our rules. 

That is not something that happens 

automatically. Apparently it does happen 

automatically in the other states, the way 

their rules are set up. It is not so with our 

state. We must go and do a rulemaking to adopt 

the federal rule redesignating it, and one of 

the primary changes here is that then the 

counties will change from the permitting rules 

for a nonattainment county to permitting rules 

for an attainment county. 

They will remain -- all of the other 

control rules, however, that brought the 

counties into attainment with the one-hour 

ozone standard will remain in place, so the 

main change here is going to be recognition of 

the attainment status, or it's now called a 

maintenance county, and a change in the 

permitting rules similar to what they -- to the 

same rules that they would be for other 

attainment counties. 

CHAIRMAN WALKER: Thank you. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 ~-

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

45 

Are there questions from Board Members? 

burning 

MR. BACONE: Yes, Mr. Chairman. 

CHAIRMAN WALKER: Yes. 

MR. BACONE: Regarding the open 

MS. WATSON: Uh-huh. 

MR. BACONE: language, on page 2 

of 6, which it allows -- it looks like it 

allows for burning, but not in Clark or Floyd. 

Could you explain what that means? 

MR. ANDERSON: 

MR. BACONE: 

4.1, which is 2 of 6. 

Which section, John? 

This is in section 

(Discussion off the record.) 

MS. MCCABE: Yeah, I found it. 

This is not a substantive change to the rules. 

It's a wording change to the rules to make it 

clear. In most of the state burning is 

prohibited throughout the state except where 

it's allowed, and the Department is authorized 

to grant variances for certain kinds of open 

burning. We are not authorized to issue 

variances for those kinds of open burning in 

( 

( 
( 

( 

46 

1 ozone nonattainment counties. So, you might be 

2 able to do a residential open burning in some 

3 counties, but where you have an ozone problem, 

4 you can't. 

5 This language, if you'll notice, the 

6 language that's stricken, that refers to 

7 nonattainment areas, and if we had left that 

8 language the way it is, that prohibition would 

9 

10 

11 

12 

have automatically disappeared as soon as we 

as soon as our rules acknowledged that Clark 

and Floyd Counties were no longer a 

nonattainment area. So, we had to put Clark 

13 and Floyd County specifically into the rule 

14 language to make sure that that prohibition 

15 would still stay in place. The prohibition on 

16 open-burning variances in those counties was 

17 part of our ozone attainment plan, so it needs 

18 to stay in place. 

19 MR. BACONE: Okay. 

20 MS. WATSON: And there are other 

21 instances of that sprinkled throughout the 

22 rules, where we then changed it to ensure that 

23 the things that brought us to attainment for 
1 

2 

3 

Clark and Floyd will stay in place after the 

redesignation. 

CHAIRMAN WALKER: Thank you. 

47 

4 Are there other questions or comments? 

5 MS. WATSON: We would just ask that 

6 you preliminarily adopt this change. It's a 

7 good thing. 

8 CHAIRMAN WALKER: Okay. Thank you. 

9 Again, I don't have cards requesting 

10 appearing before the Board to give testimony on 

11 this rule, but if you're out there and you 

12 

13 

14 

15 

would like to come forward, please do so at 

this time. 

(No response.} 

CHAIRMAN WALKER: Thank you. This 

16 hearing is now concluded. 

17 The Board will now consider for 

18 preliminary adoption amendments to rules 

19 326 IAC 1-4, 326 IAC 4-1-4.1, 326 lAC 8-2-9, 

20 and 326 lAC 13-3-1, concerning redesignation of 

21 Clark and Floyd Counties to attainment of the 

22 ozone -- one-hour ozone standard. 

23 Are there questions? 

( 

( I 
( 

c 

48 

1 (No response.) 

2 CHAIRMAN WALKER: Is there a motion 

3 to preliminarily adopt the amendments to the 

4 

5 

6 

rules? 

MR. ANDERSON: So moved. 

MR. CUNDIFF: Second. 

7 CHAIRMAN WALKER: Moved by Thomas 

8 Anderson, seconded by Howard Cundiff that we 

9 would preliminarily adopt amendments to rules 

10 326 IAC 1-4-1, 326 IAC 4- 1-4.1, 326 IAC 8-2-9 

11 and 326 IAC 13-3.1. Moved and seconded. Now 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

we can -- those in favor, say aye. 

opposed? 

MR. HORN: Aye. 

DR. STEVENS: Aye. 

MR. ANDERSON: 

MR. BENSHOOF: 

MR. BACONE: 

Aye. 

Aye. 

Aye. 

MR. CUNDIFF: Aye. 

MS. KENDALL: Aye. 

MR. STALEY: Aye. 

CHAIRMAN WALKER: All those 

(No response. ) 
49 

1 CHAIRMAN WALKER: The motion 

2 carries to preliminarily adopt amendments to 

3 the rules. Thank you. 

4 That ends our rulemaking. The other 

5 matters before you now, the next meeting I will 

6 announce. The next Air Pollution Control Board 

7 meeting is tentatively set for August, but we 

8 will not have a meeting in July, unless someone 

9 calls one. 

10 

11 

12 

13 

MS. MCCABE: I don't plan to call 

one. 

(Laughter.) 

CHAIRMAN WALKER: Okay. So, the 

14 date tentatively set is August 7th, 2002 at 

15 1:00 p.m., Conference Room C, Indiana 

16 Government Center South, Indianapolis, Indiana. 

17 For confirmation of this Board meeting, please 

18 call the Office of Air Quality at 317-233-4426, 

19 or there's an 800 number, 451-6027, extension 

20 3-4426, or you can visit IDEM's Web site at 

21 www.in.gov/idern/air/rules/airboard/. 

22 

23 

That's all I have. Is anyone 

anyone else from the Board like to say 

would 

( 

c I 
c., 1 

2 

3 

4 

5 

6 

7 

9 

9 

10 

11 

Cl 12 

13 

14 

15 

16 

17 

19 

19 

20 

21 

22 

23 

~ 

51 

CERTIFICATE 

I, Lindy L. Meyer, Jr., the undersigned 

Court Reporter and Notary Public residing in 

the City of Shelbyville, Shelby County, 

Indiana, do hereby certify that the foregoing 

is a true and correct transcript of the 

proceedings taken by me on Wednesday, June 5, 

2002 in this matter and transcribed by me. 

Notary Public in and 

for the{State of Indiana. 

My Commission expires October 27, 2008. 

' ( ·'I! 

1 

2 

3 

4 

5 

6 

7 

a 

9 

10 

11 

12 

( ; 13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

,( 

-..., 

RECEIVED 

SEP 5 2002 

BEFORE THE STATE OF INDIANA ·~ Sfdlot_ladl it~~!. -=Nr~ r-lbJIIIII'I .... -•11 

AIR POLLUTION CONTROL BOARD 

PUBLIC MEETING OF AUGUST 7, 2002 

ORIGINAL 

PROCEEDINGS 

before the Indiana Air Pollution Control Board, 

John Walker, 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 c, 402 West Washington Street, 

Indianapolis, Indiana, on Wednesday, August 7, 

2002 at 1:09 o'clock p.m. 

William F. Daniels, RPR/CP CM d/b/a 

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 
1 

2 

3 

4 

5 

6 

7 

B 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

.. 

APPEARANCES: 

BOARD MEMBERS: 

Thomas Anderson, Chairman 

Dr. James Miner, M.D. 

Randy Staley 

Phil Stevens 

Howard W. Cundiff, Proxy, state Board of 

Health 

John Bacone, Proxy, Department of 

Natural Resources 

Michaela Kendall, Proxy, Lieutenant 

Governor 

IDEM STAFF MEMBERS: 

Timothy J. Method, Deputy Commissioner 

Janet McCabe, Asst. Commissioner 

Kathy Watson 

Roger Letterman 

Greg i'Hngstrom 

Gayla Killough 

Meredith Kostek 

Susan Bem 

Karol Chuma 

PUBLIC SPEAKERS: 

Bernie Paul 

Doug Fitzgerald 

2 

( 
c 

(,. 

( 

5 

1 1:09 o'clock p.m. 

August 7, 2002 

2 

3 CHAIRMAN ANDERSON: The August 7th, 

4 2002 meeting of the Air Pollution Control Board 

5 will come to order. It is noted that we do not 

6 have a quorum present, but we expect another 

7 attendant, and that will make a quorum. But at 

8 this time, we will be introducing members and 

9 giving reports, and hopefully we'll have a 

10 quorum by that point. 

11 We'll start to my right. Mr. John 

12 Bacone, proxy for the Department of Natural 

13 Resources; Mr. Howard Cundiff, proxy for the 

14 Department of Health; Michaela Kendall, proxy 

15 for the Lieutenant Governor; Mr. Randy Staley, 

16 representing agriculture; Dr. Phil Stevens, 

17 representing the general public; and I'm Tom 

18 Anderson, representing environmental and acting 

19 on behalf of John Walker, Chairman, today. 

20 We'll start with Reports from the 

21 Deputy Commissioner. I'll turn it over to Tim. 

22 MR. METHOD: I'm just going to be 

23 very brief. I was just going to mention that, 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

' 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

6 

as we've talked about in past years, with each 

of the three rulemaking boards, there is a 

separate entity called the Environmental 

Quality Service Counsel, a legislative session 

committee with nonlegislative members as well. 

They generally each year meet after the 

legislative session and address a number of 

different environmental issues that are related 

to IDEM, a different agenda each year. 

This year they will start their 

meetings tomorrow, August 8th. The first 

meeting, I think, is 1:30 tomorrow and it's 

over at the state house. 

(Dr. Miner arrived.) 

MR. METHOD: And their first 

session is generally a meeting where they set 

their agenda for the rest of the year. They 

plan on having a significant number of 

meetings, I think, before November. 

There are a number of different issues 

that are on their plate. They will finalize 

their agenda tomorrow. I think Janet's going 

to talk about something that's required under 

( 

( 
( 

c · 

l 

1 

2 

Senate Bill 259 that passed this year, that 

does relate directly to the ~ir Program, the 

3 Toxics Reporting Rule and other air toxic 

4 issues. 

5 They clearly also will be dealing with 

6 issues such as wetlands. There's a clear 

7 directive from the legislature for the 

8 Environmental Quality Service Council to 

9 evaluate the ongoing wetland rulemaking and 

10 many other issues associated with wetlands. 

11 They similarly are likely to be 

12 

13 

14 

addressing the State\ Revolving Loan Fund, 

septics in Allen County, a number of other 

issues that have been that were important 

7 

15 this past legislative session. There's also a 

16 possibility that they'll have a discussion on 

17 the automobile emission testing program in 

18 both down south and up north. 

19 So, we will be able to report after 

20 this first meeting tomorrow and once they've 

21 set their more specific agenda on the items 

22 that they•ll talk about and the process that 

23 they'll use to talk about them, and keep 
8 

1 

2 

3 

4 

everybody apprised of what's going on over at 

the EQSC this year. I just wanted to make sure 

that folks knew that that was going on. 

CHAIRMAN ANDERSON: Are there any 

5 questions for Tim? 

6 (No response.) 

7 CHAIRMAN ANDERSON: I want to note 

8 that we're joined by Dr. James Miner, 

9 representing the medical community, and we do 

10 have a quorum. 

11 We'll go to the Report from the 

12 

13 

14 

15 

Assistant Commissioner. 

MS. MCCABE: Okay. 

CHAIRMAN ANDERSON: Janet. 

MS. MCCABE: Thank you. I wanted 

16 to mention four specific things. rt•s been 

17 kind of hot this summer, which I don't need to 

18 tell anybody, but we've included in your packet 

19 this incredibly colorful chart that has a lot 

20 of information on it. I'll try to explain it. 

21 Days of the summer across the top. It's 

22 divided into regions of the state for ozone 

23 monitoring purposes. 

( 

( 
c 

G 

l 

1 

2 

3 

4 

votes aye. The Chair votes aye. Unanimously 

carries the rule. It's final adopted. 

We'll move to the second rulemaking 

action. 

5 (Mr. Method left the room.) 

6 CHAIRMAN ANDERSON: This is a 

51 

7 public hearing before the Air Pollution Control 

8 Board of the State of Indiana regarding final 

9 adoption of amendments to Rules 326 IAC 1-4-1, 

10 326 lAC 4-1-4.1, 326 IAC 8-2-9, and 

11 326 lAC 13-3-1 concerning redesignation of 

12 Clark and Floyd counties to attainment of the 

13 one-hour ozone standard. 

14 I will introduce Exhibit 2, the 

15 proposed rule as preliminarily adopted, into 

16 the record of the hearing. 

17 Is there anyone from the Department who 

18 would like to comment on the rule? 

19 

20 

21 

22 

MS. WATSON: I will 

CHAIRMAN ANDERSON: Okay. 

MS. WATSON: -- just very briefly. 

This rule has not changed from 

23 preliminary adoption. The purpose is to 
52 

1 incorporate the redesignation of those -- of ( 

2 Clark and Floyd Counties to attainment into our 

3 state rules. 

4 Thank you. We ask that you final adopt 

5 this rule. 

6 CHAIRMAN ANDERSON: Thank you. 

7 Are there any questions from the Board? 

8 (No response.) 

9 CHAIRMAN ANDERSON: Hearing none, I 

10 would ask if anyone is interested in 

11 testifying. I have received no cards, but if 

12 anyone would like to comment on the proposed 

13 rule, now is the opportunity. 

14 {No response.) 

15 CHAIRMAN ANDERSON: Seeing none, 

16 the hearing is now concluded. The Board will 

17 now consider for final adoption amendments to 

18 Rules 326 IAC 1-4-1, 326 IAC 4-1-4.1, 

19 326 IAC 8-2-9, and 326 IAC 13-3-1 concerning 

20 redesignation of Clark and Floyd Counties to 

21 attainment of the one-hour ozone standard. 

22 Since there were no amendments, we will 

23 consider final adoption of the rule as 
53 

c· 1 presented. Is there a motion to final adopt? 

2 MR. BACONE: I so move. 

3 CHAIRMAN ANDERSON: Moved by 

4 Mr. Bacone. 

5 second? 

6 DR. STEVENS: Second. 

7 CHAIRMAN ANDERSON: Second by 

8 Dr. Stevens. We'll have a voice vote. 

9 Mr. Bacone? 

10 MR. BACONE: Aye. 

11 CHAIRMAN ANDERSON: Mr. Bacone 

12 votes aye. 

c· 13 Mr. Cundiff? 

14 MR. CUNDIFF: Aye. 

15 CHAIRMAN ANDERSON: Mr. Cundiff 

16 votes aye. 

17 Ms. Kendall? 

18 MS. KENDALL: Aye. 

19 CHAIRMAN ANDERSON: Ms. Kendall 

20 votes aye. 

21 Dr. Miner? 

22 DR. MINER: Aye. 

23 CHAIRMAN ANDERSON: Dr. Miner votes 

l 
1 aye. 

2 

3 

4 

Mr. Staley? 

MR. STALEY: Aye. 

CHAIRMAN ANDERSON: Mr. Staley 

5 votes aye. 

6 Dr. Stevens? 

7 DR. STEVENS: Aye. 

8 CHAIRMAN ANDERSON: Dr. Stevens 

9 votes aye, and I vote aye. Motion carries. 

54 

10 

11 

12 

13 

14 

We'll move to the third rulemaking 

action. Public hearing. This is a public 

hearing before the Air Pollution Control Board 

of the State of Indiana regarding Final 

Adoption of Amendments to Rules 326 IAC 8-1-2 

15 concerning compliance methods applicable to dip 

16 or flow operations at miscellaneous metal 

17 coating operations. 

18 I will now introduce Exhibit 3-A, the 

19 rule -- the proposed rule as preliminarily 

20 adopted, and Exhibit 3-B, the proposed rule as 

21 preliminarily adopted with IDEM's suggested 

22 changes incorporated, into the record of the 

23 hearing. 

( 

( 
72 

( 1 CERTIFICATE 

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

3 Court Reporter and Notary Public residing in 

4 the City of Shelbyville, Shelby County, 

5 Indiana, do hereby certify that the foregoing 

6 is a true and correct transcript of the 

7 proceedings taken by me on Wednesday, August 7, 

a 2002 in this matter and transcribed by me. 

9 

10 

11 

12 

c 13 

Notary Public in and 

for the State of Indiana. 

14 

15 My Commission expires October 27, 2008. 

16 

17 

.18 

19 

20 

21 

22 

23 

( . 
( 

G 

(_ 

£XHIBIT2 

TITLE 326 AIR POLLUTION CONTROL BOARD 

·, 

i 

Rap ##02-88 

Clark/Floyd Redesignation 

August 7, 2002 

PROPOSED RULE AS PRELIMINARILY ADOPTED 

Proposed Rule 

LSA Document #02-88 

DIGEST 

Amends 326 lAC 14-1; 326 IAC 4-1-4.1; 326 lAC 8-2-9; and 326 lAC 13-3-1 

concerning the redesignation ofC1ark and Floyd Counties to attainment of the one hour ozone 

standard. Effective 30 days after filing with the secretary of state. 

HISTORY 

Second Notice of Comment Period and Section 7 Notice of First Hearing: April 1, 2002, 

Indiana Register (25 IR 2315). 

Date of First Hearing: June 5, 2002. 

Proposed Rule and Notice of Public Hearing: July 1, 2002, Indiana Register (25 IR 3240). 

Date of Second Hearing: August J, 2002. 

3261AC 1-4-1 

326 lAC 4-1-4.1 

326 lAC 8-2-9 

- 326 lAC 13-3-1 

SECTION 1. 326 lAC l-4-l, AS AMENDED AT 25 IR 3056, SECTION 6, IS 

AMENDED TO READ AS FOLLOWS: 

326 lAC 1-4-1 Designations 

Authority: IC 13-14-8; JC 13-17-3-4; IC 13-17-3-U 

Affected: JC 13-lS; IC 13-17 

Sec. 1. The air pollution control board incorporates by reference 40 CFR 81.315* and 66 

FR 53665 (October 23, 2001)* concerning attainment status designations. 

*T'his doeu1nent is These documents are incorporated by reference. Copies may be 

obtained from the Govenunent 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, Indiana Govenunent Center-North, Tenth Floor, IOONorth 

Senate Avenue. Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 lAC 1-4-l;filed 

7/15/02caw Page 1 of 6 
51 

1 e&R'l!I:iiCATi: ( 

2 L,--lrind:y L. Meyer, Jt., th~ undetsigneQ.. 

3 6oert Repozter an~ Notary PYblio residing ~ 

4 the €it:y ef Shelbyville, ~hel:by County, 

5 Indiana, do hereby cer t 1 fy that tfie forego in~ 

6 is a trtte and cottect transcript ef the_ 

7 

a 2-962 in this matter and transcribed by me. 

9 

10 

11 

12 

,... 

' 13 C' 

14 

15 My Commissio~ ex~iFes Oetobe~ 27, 200&. 

16 

17 

18 

19 

20 

21 

22 

23 
c 

Dnn02·88 

Clatk/Floyd redesignation 

JuneS, 2002 

Mar 10, 1988, 1:20 p.m.: lllR 2379;filed Aug 9, 1991, 11:00 a.m.: 14 IR 2218;filed Dec 30, 

1992, 9:00a.m.: 16 IR 1382; filed Apr 18, 1995, 3:00 p,m.: 18 IR 2220; filed Oct 22, 1997, 8:45 

a.m.: 21 IR 932;jiledApr 17, 1998, 9:00a.m.: 21 IR 3342;filedApr 29, 1998. 3:15p.m.: 21 IR 

334l;filedMay 21. 2002, 10:20 a.m.: 25 IR 3056) 

SECTION 2. 3261AC 4-1-4.1 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 4-l-4.1 Open burning approval; criteria and conditions 

Authority: IC 13·15-2-1; JC 13·17-3-4 

Affected: IC 4-21.5; IC 13-12; lC 13· 17-9 .. 

Sec. 4.1. (a) Burning not exempted by section 3 or 4 of this rule may be authorized by the 

issuance of an approval by the commissioner or the conunissioner's designated agent after 

consideration· of an approval application. Such burning may be authorized for, but not limited to, 

the following: 

(1) Burning for the purpose of fire training. 

(2) Burning of natural growth derived from a clearing operation, such as removal of 

natural growth for change in use of the land. 

(3) Burning of highly explosive or other dangerous materials for which no alternative 

disposal method exists or where transportation of such materials is hazardous. 

(4) Burning of clean wood products. 

(5) Burning of natural growth for the purpose of land management. 

(b) The following criteria may be considered for approval under this section: 

(1) The applicant has demonstrated that alternative methods for disposal are impractical 

or prohibitively expensive. 

(2) There are not more than five (5) residences or structures within five hundred (500) 

feet of the proposed burning site. 

(3) There have been no open burning violations at the site of the proposed burning or by 

the applicant. 

(4) If the application involves a structure for fire training, the structure has not been 

demolished prior to training activities. 

(5) The burning site is located in a county not designated as a nonattainment area for 

PM10 or ozone and is not located in Clark or Floyd County. The commissioner or the 

commissioner's agent may allow open burning in sneh nonattailmxent these areas, subject 

to condit.ion.s necessary to protect air quality. 

(c) No approval shall be granted at any time for residential burning in Clark, Floyd, Lake, 

or Porter County. 

(d) Any approval shall be subject to the following conditions unless otherwise stipulated 

7/15/02 caw Page 2 of 6 
Dnn02-88 

Clark/Floyd redesignation ( 

June 5, 2002 

in the open burning approval letter: 

(1) Only clean wood products shall be burned. 

(2) No asbestos·containing material shall be burned. 

(3) No burning shall be conducted during unfavorable meteorological conditions, such as: 

(A) high winds, temperature inversions, or air stagnation; or 

(B) when a pollution alert or ozone action day has been declared. 

( 4) Burning shall be conducted dwing daylight hours only and all fires shall be 

extinguished prior to sunset. 

(5) If at any time the frre creates: 

(A) an air pollution problem; 

(B) a threat to public health; 

(C) a nuisance; or 

(D) a fire hazard; 

the burning shall be extinguished. 

(6) The local fire department and health department must be notified at least twenty-four 

(24) hours in advance of the date, time, and location of the burning. 

(7) The approval letter sha11 be made available at the burning site to state and local 

officials upon request except during emergency burning. 

(8) Adequate fire fighting equipment shall be on-site for extinguishing purposes during 

burning times. ( 

(9) No burning shall take place within: 

1 

(A) one hundred (I 00) feet of any structure or powerline; or 

(B) three hundred (300) feet of a frequently traveled road, fuel storage area, or 

pipeline. 

(I 0) Fires must be attended at all times until completely extinguished. 

( ll) All burning must comply with other federal, state, or local laws, regulations, or 

ordinances, including 40 CFR 61 Subpart M* (National Emissions Standards for 

Asbestos). 

(12) No waste that is regularly generated as a result of a routine business operation shall 

be burned. 

(13) The material to be burned shall not exceed one thousand ( 1 ,000) cubic feet. 

(e) An approval letter shall be valid for no longer than one (l) year from the date of 

issuance. However, an approval letter may be valid for as long as five (5) years if the approval 

application is accompanied by an open burning plan. The plan shall: 

(I) contain a description of the open burning proposed for the period of time for which an 

approval letter is sought; and 

(2) be incorporated as a condition of the approval letter under subsection (d) or (f). 

Any change in the plan must receive an additional approval letter, unless the change is to reduce 

· open burning, or the change is to conduct burning exempted under section 3 of this rule. The plan 

7/15/02 caw Page 3 of 6 
.I 

shall be available for review upon the request by the department. 

Dnn02·88 

Clark/Floyd redesignarion 

JuneS, 2002 

(f) The commissioner or the commissioner's designated agent may add conditions to an 

approval letter, as necessary, to prevent a public nuisance or protect the public health or the 

environment. Such conditions may be based on local air quality conditions, including whether the 

area is a nonattainment county as defined in 326 lAC l-4-1 or has been redesignated from 

nonattairunent to attainment status. 

(g) A decision on the open burning approval letter is subject to IC 4-21.5 (Administrative 

Orders and Procedures Act). .. 

*This document is incorporated by reference. Copies 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 Envjronm~ntal 

Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 

North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 3261AC 4-

1-4. 1; filed Jul 30, 1996, 2:00p.m.: 191R 3343; readopted filed Jan 10, 2001, 3:20p.m.: 241R 

1477) 

SECTION:3. 3261AC 8-2-9 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 8-2-9 Miscellaneous metal coating operations 

Authority: IC 13-1~; IC JJ-17-34; IC JJ-17-J-11 

Affected: IC 13-JS; IC 13-17 

Sec. 9. (a) This section is applicable to the surface coating of the following: 

( 1) Large and small fann machinery. 

(2) Small household appliances. 

(3) Office equipment. 

(4) Industrial machinery. 

(5) Any other industrial category which coats metal parts or products under the Standard 

Industrial Classification Code of major groups #33, #34, #35, #36, #37, #38, and #39. 

(b) This section is not applicable to the surface coating of the following metal parts and 

products or to the following types of coating except as indicated in subsection (c): 

(l) Any metal parts or products limited by other sections of this rule. 

(2) Exterior of airplanes. 

(3) Automobile refm.ishing. 

(4) Customized top coating of automobiles and trucks, if production is less than thirtyfive (35) vehicles per day. 

(5) Exterior of marine vessels. 

7/IS/02 caw Page 4 of 6 
(6) Maintenance coatings of production equipment. 

(7) The application of adhesives or preparation of adhesives. 

(8) Lubricants used to prevent sticking of internally moving parts. 

(9) Chromium plated plastics. 

Dnn02-88 

Clark/Floyd redesignation ( • 

June 5, 2002 

(10) The application of coatings to burial caskets (Standard Industrial Classifkation Code 

3995) if the source is not located in or adjacent to a county designated as nonattainment 

for ozone or if the source is not located in or adjacent to Clark or Floyd County. 

(c) Commencing July 1, 1991, the operations described in subsection (b)(6) through 

(b)(9) shall comply with the requirements of this section. · 

(d) No owner or operator of a facility engaged in the surface coating of miscellaneous 

metal parts and products may cause, allow, or permit the discharge into the atmosphere of any 

volatile organic compounds in excess of the following: 

(I) Fifty-two hundredths (0.52) kilogram:s kilogram per liter (four and three-tenths (4.3) 

pounds per gaJlon) of coating, excluding water, delivered to a coating applicator that 

applies clear coatings. A clear coating is a coating that lacks color or opacity and is 

transparent and uses the undercoat as a reflectant base or undertone color. 

(2) Forty-two hundredths (0.42) _kilogtams kilogram per liter (three and five-tenths (3.5) 

pounds per gallon) of coating excluding water, delivered to a coating applicator in a · 

coating application system that is air dried or forced warm air dried at temperatures up to ( 

ninety (90) degrees Celsius (90°€) (one hundred ninety-four (194) degrees Fahrenheit 

(194°F)). 

'(3) Forty-two hundredths (0.42) kilogtams kilogram per liter (three and five-tenths (3.5) 

pounds per gallon) of coating, excluding water, delivered to a coating applicator that 

applies extreme performance coatings. Extreme perfonnance coatings are coatings 

designed for exposure to temperatures consistently above ninety-five (95) degrees 

Celsius, (95 °C), detergents, abrasive or scouring agents, solvents, corrosive atmospheres, 

outdoor weather at all times, or similar environmental conditions. 

(4) lbirty-six hundredths (0.36) lcilogra:nts kilogram per liter (three (3) pounds per 

gallon) of coating, excluding water, delivered to a coating applicator for all other coatings 

and coating application systems. 

(e) If more than one ( 1) emission limitation in subsection (d) applies to a specific coating, 

then the least stringent emission limitation shall be applied. 

(f) Solvent sprayed from application equipment during cleanup or color changes shall be 

directed into containers. Such containers shall be clo_sed as soon as such solvent spraying is 

complete, and the waste solvent shall be disposed of in such a manner that evaporation is 

minimized. (Air Pollution Control Board; 3261AC 8-2-9; filed Feb 9, 1988, 2:07p.m.: JJIR 

1115102 caw Page 5 of 6 
( 

·I 

Dnn02-88 

Clark/Floyd redesignation 

JuneS, 2002 

1736;jiled Mar 10, 1988, 1:20pm: 11 JR 2534;jiled Apr 18, 1990, 4:55p.m.: 13 IR 1678; 

readoptedfiledJan 10, 2001, 3:20p.m.: 24 JR 1477) 

SECTION 4. 326 lAC 13-3-1 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 13-3-1 Applicability 

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

Affected: IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to: 

(1) all refiners, importers, carriers, or terminals who supply gasoline for use in the Clark 

and Floyd Counties o~ne nonatta:imnent area between May 1 and September 15 of each 

calendar year begiMing in 1995; and 

(2) all retail stations and other end users who sell or dispense gasoline in Clark or Floyd 

Cowttics County between June 1 and September 15 of each calendar year beginning in 

1995. 

(b) If federal Reformulated Gas (RFG) is required by operation of federal law to be sold 

in Clark and Floyd Counties or if the governor elects to participate in the RFG program, this rule 

shall no longer apply after the date that RFG is required to be sold. The department shall make all 

reasonable efforts to notify the affected parties listed in this section no later than thirty (30) days 

after federal law requires RFG to be sold or the governor's election to participate in the RFG 

program. (Air Pollution Control Board; 326 lAC 13-3-1; filed Ju/6, 1995, 11 :30 a.m.: 18 JR 

2738; readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1 477) 

7/15/02 C8W Page 6 of 6 
ATTACHMENT O 
( 

( 

Indiana's Open Burning Rule 

ARTICLE 4. BURNING REGULATIONS 

Rule l. Open Burning 

326 lAC 4-1-0.5 Definitions 

Authority: IC 13-15-2-1; IC 13-17-3-4 

Affected: IC 13-12; IC 13-17-9; IC 36-9-27-2 

Sec. 0.5. Unless othetwise stated, the following defmitions apply to this rule: 

~burning 

is defined in 

the 

S/18/1983, 

SIP-approved 

definition at 

48 FR 22294 

as ·'the 

combustion 

of any matter 

in the: open or 

in an open 

dump" which 

was a part of 

'2. 

(1) "Adequate fare fighting equipment" means equipment sufficient and appropriate mlder the 

circwnstances to extinguish the fire. 

(2) "Clean petroleum products" means an uncontaminated, refined petroleum product, such as 

kerosene or diesel fuel, not previously used in any application. 

(3) "Clean wood products" means wood products, including vegetation, that are not coated with 

stain, paint, glue, or other coating material. 

(4)" 

(5)" 

Drainage ditch" shall have the meaning of regulated drain or open drain under IC 36-9-27-2. 

Emergency burning" means the burning of clean wood waste or deceased animals caused by a 

natur al disaster or an Wlcontrolled event such as the following: 

(A) A tornado. 

(B) High winds. 

(C) An earthquake. 

I (D) An explosion. 

(E) A hail storm, a rain stonn, or an ice storm. 

(6)" Open burn" means the burning of any materials wherein air contaminants resulting from 

comb ustion are emitted directly into the air, without passing through a stack or chimney from an 

enclosed chamber. 

(7) "Open burning approval" means an authorization allowing an activity that otherwise is not 

exempt or allowed by law. 

(Air Pollution Control Board; 326 lAC 4-l-0.5;ji/ed Ju/ 30, 1996, 2.·00 p.m.: I9IR 3340; readopted filed 

Jan 10, 2001, 3:20p.m.: 24 IR 1477) 

326 lAC 4·1-l Scope 

Authority: IC 13-15-2-1; IC 13-17-3-4 

Affected: IC 13-12; IC 13-17-9-3 

Sec. I. The requirements of this rule establish standards for open burning that would result in 

emissions of regulated pollutants. This rule applies to all open burning except for the following: 

(1) Open burning by and at a source that has obtained a registration or permit under326 lAC 2-5.1, 

326IAC 2-6.1, 326 lAC 2-7, or 3261AC 2-8 that specifically regulates the open burning to be 

performed by and at the source. This rule does apply to open burning not addressed in such a 

registration or permit, or if the registration or permit requires compliance with this rule. 

(2) Except as provided in IC 13·17-9-3, where open bumirg allowed under this rule is prohibited 

by other state or local laws, regulations, or ordinances. • 

This is similar to APC 2 Sectron 6 that was SIP-approved on 6/22/1978, at 43 FR 26721. It states. "This regulation shall not apply in 

areas where acts permitted by Section 3 or authorized by variance pursuant to S«tion 4 are prohibited by other State and/or I~ laws, 

regulations, or ordinances such as !C 13-74-l(g)." However, lC !3-7-4-l(g) was repealed. 
(Air Pollution Control Board; 326/AC 4-1-1;jiled Mar 10, 1988, 1:20 p.m.: 11/R 2419;filed Ju/30, 

1996, 2:00p.m.: 19/R 3340;jiled Nov 25, 1998, 12:13 p.m.: 22 IR 1067; readopted filed Jan 10, 2001, 

3:20p.m.: 24 IR 1477) 

This is similar to what was SIP-approved with APC 

326 lAC 4-1-2 Prohibition against open burning 2 on 5/18/1983, at 48 FR 22294. That language 

r-----+1 reads "No person shall open bum any material 

Authority: IC 13-15-2-1; IC 13-17-3-4 except as provided in section 3 or 4." 

Affected: IC 13-12; IC 13-17-9 

Sec. 2. Open burning is prohibited except as allowed in this rule. The department encourages 

alternatives to open burning, such as sale or reuse. (Air Pollution Control Board; 326IAC 4-1-2;jiled Mar 

10, 1988, 1:20 p.m.: 11 IR 2419; filed Jan 6, 1989, 3:30p.m.: 12 IR 1126;jiled Jul 30, 1996, 2:00p.m.: 19 

IR 3341,· readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1477) 

326 lAC 4-1-3 Exemptions 

Authority: IC 13-15-2-1; IC 13-17-34 

Affected: IC 13-12; IC 13-17-9 

Sec. 3. (a) IC 13-17-9 exempts certain types of open burning for maintenance purposes listed as 

follows: 

( l) A person may open burn the following: 

(A) Vegetation from any of the following: 

The language "Burning 

of natural growth 

derived from clearing a 

drainage ditch" was SIP· 

approved on 2/1/1996, 

at 61 FR 358 1. 

(i) A farm. -------~ ''Fann burning" was SIP-

(ii) An orchard. approved on 2/1/1996, at 61 

(iii) A nursery. FR 3581. ~------------~ (iv) A tree farm. 

( v) A cemetery. 

f4- (vi) A drainage ditch. 

(vii) Agricultural land, if the open bum occurs in an unincorporated area. 

(B) Wood products derived from the following: 

(i) Pruning or clearing a roadside by a county highway department. 

(ii) The initial clearing of a public utility right-of-way so long as the open burn 

occurs in an unincorporated area. 

(C) Undesirable: 

(i) wood structures on real property; or 

(ii) wood remnants of the demolition of a predominantly wooden structure originally 

located on real property; 

2 
( 

Similar to 

what was 

SIPapproved on 

211/1996, at 

61 fR 3581. 

located in an unincorporated area. 

(D) Clean petroleum products for the purpose of maintaining or repairing railroad tracks, 

including the railroad rights-of-way, but not including railroad ties. 

(2) All open burning that is allowed under this subsection must comply with the following 

conditions: 

(A) A person who open burns shall extinguish the ftre if the fire creates a nuisance or fire 

hazard. 

(B) Burning may not be conducted during unfavorable meteorological conditions such as 

any of the following: 

(i) High winds. 

(ii) Temperature inversions. 

(iii) Air stagnation. 

(C) All fires must be attended at all times during burning until completely extinguished. 

(D) All asbestos-containing materials must be removed before the burning of a structure. 

(E) Asbestos containing materials may not be burned. 

• (b) The types of fires identified in subsection (c) are allowed under this rule. Unless specified 

otherwise, the following conditions apply to any fire allowed by this subsection: 

ed at all times and until completely extinguished.~ Similar to what was SLP- shall be extinguished if at any time it creates a: approved on 2/lfl996, at 

blem; 6lFR358L 

lie health; 

( 1) Fires must be attend 

(2) If at a~· time A fire 

(A) pollution pro 

(B) threat to pub 

(C) nuisance; or 

(D) frre hazard. 

~ Similar to what was SIP-3pproved on 2/1/1996. at 61 FR 3581, except the language 

~ ··pollution problem" and ·'threat to public health" have not been SIP·approved. 

it shall ~e entiagaiskea. 

(3) No burning shall be conducted during unfavorable meteorological conditions such as any of the 

---. following: 1.___ ______ ---t-t.-------------------. 

(A) High winds. Similar to what was SIP-approved on 2/lll996, at 61 fR Similar to 

what was 

SIP-approved 

on 2/1/1996, 

at 61 FR 

3581. 

3581, except the language "when a pollution alert or ozone 

(B) Temperature inversions. action day has been declared" has not been SIP-approved. 

(C) Air stagnation. 

(D) When a pollution alert or~ air quality action day has been declared. 

section ( 4) All burning shall comply with other federal, state, and local laws, rules, and ordinances. 

~~~~~~states. (5) Adequate firefighting equipment shal.l be on-site for extinguishing purposes during burning 

celebrating 

srouting 

activities" 

and Section 

3(a)(4) states, 

"Fires used 

for 

recreational 

and cooking 

purposes, 

such as 

campfires.'' 

times. 

(6) Burning shall be conducted during daylight hours onl and all fires shall be extin uished before 

sunset. 

(c) The following types of fires are allowed: 

(1) Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking 

purposes, such as camp fires, subject to the conditions in subsection (bXl) through (b){S) and the 

fo wing conditions: ._.... "Only wood products shall be burned" was SIP-approved on 

(A) Only the following may be burna. 2/1/1996, at 61 FR 3581 and "wood products" is defined as 

(i) clean wood products; _, ~~ "material derived from or consisting of wood or vegetation 

(ii) P_!Per; such as paper, cardboard, rags, board, branches, brush, 

(iii) charcoal; or grass, leaves, and other similar materials" which was SIP-

(iv) clean petroleum products. approved on 5/18/1983, at 48 FR 22294. 

ma-y~eb~. 

(B) Any person conducting recreational or ceremonial fires shall notify the local tire 

department and health department mYSt be Aotifiea at least twenty-four (24) hours~ 

3 
The 

language 

that was 

SIP· 

approved 

on 

2/1/1996, at 

61 FR 3581 

states, 

"Residential 

burning 

where the 

residence 

contains 

four (4) or 

fewer 

units." 

prior to any burning whefe if the size of the pile being burned is more than one hundred 

twenty-five (125) cubic feet and include the date, time, and location of the burning. 

(C) Fires shaH: 

(i) not be ignited more than two (2) hours before the recreational activity is to take 

place; and 

(ii) be extinguished upon conclusion of the activity. 

(D) The pile to be burned shall be Jess than or equal to one thousand (1 ,000) cubic feet and 

only one (I) pile may be burned at a time. 

(E) The fires sha1 I not be used for disposal purposes. 

(F) Fires shall not take pleee be located within five hundred (500) feet of any fuel storage 

area or pipeline. 

The language that was SIP-approved on 

2/1/1996, at 61 FR 3581 states d•at 

"Burning is prohibited in apartment 

C<lmplexes and mobile home parks." It 

does not refer to condominium 

C<lmplexes. 

(2) Private residential burning, where the building contains four (4) or fewer dwelling units. 

Burning is prohibited in apartment and condominiwn complexes and mobile home parks. __ __. 

Beginning June 23, 1995, residential open burning is prohibited in the counties listed in sectio~ 

4.1(c) of this rule. Burning shall be subject to the conditions in subsection (b) and the following t 

conditions: 

~ · "li Jar to what was B · h 11 be · b 'bl · th Similar to what was SIP- ( A) urnmg s a m a noncom ust1 e contamer at: approved on 2/111996, 

-approved on 

2/1/1996, at61 FR 

3581. 

14-- - (i) is sufficiently vented to induce adequate primary combustion; and at61 FRJ581.except' 

" h 1 sed 'd the SIP-approved ( ll) as enc o Sl es and a bottom. language states the four 

(B) Only clean wood produrs and P.!!per may be burned. L--co-un_ties_. ___ _.. 

"Only wood products shall be burned" was SIP-approved on 2/1/1996, at 61 FR 3581 and "wood 

products" is defined as "material derived from or consisting of wood or vegetation such as paper, 

cardboard, rags, board, branches, brush, grass, leaves, and other similar materials" which was SIPapproved on 5/1811983, at 48 FR 22294. 

- (3) Waste oil burning where waste oil originates from spillage during testing of an oil well and has 

been collected in a properly constructed and located bum off pit as prescribed in 312 lAC 16-5-11 

in the natural resources commission rules. Burning shall be subject to the conditions in subsection 

(b) and the following conditions: 

(A) Each oil pit may be burned once every two (2) months. r (B) The fire must be extinguished within thirty (30) minutes of ignition. 

Waste oil burning was SIP-approved on 211/1996, at 61 FR 3581, but was worded differently. Section 3(a)(7) states, "Waste oil burning where 

the waste oil has been collected in a properly constructed and located pit as prescribed in 310 lAC 7-l-37(a) of the department of natural 

resources (DNR), division of oil and gas. Each oil pit may be burned once every two (2) months, and aU the oil must be completely burned 

within thirty (30) minutes after ignition." 

• The reference to 310 lAC 7-l-37(a) is now 312 lAC 16-5-11. 

4 
I Depanment of natural resources (DNR) burning and United States Department of the Interior burning were SIP-approved on 

2/1/1996, at 61 FR 3581, but are worded differently. The SIP-approved language for DNR burning is in Section 3(a)(8) which 

states, "DNR burning, in order to facilitate prescribed burning on DNR controlled properties for wildlife habitat maintenance, 

forestry purposes, and natural area management." (DNR burning for firefighting or prevention has not been SIP-approved). 

United States Department of the Interior burning is in Section 3(a)(9) which states, "United States Department of the Interior 

burning, in order to facilitate a National Park Service Fire Management Plan for the Indiana Dunes National Lakeshore." 

-The United States Department of Agriculture, Forest Service burning has not been SIP-approved. 

L ( 4)Department of natural resources (DNR) burning, to facilitate prescribed burning on DNR 

controlled properties for wildlife habitat maintenance, forestry purposes, natural area management, 

and firefighting or prevention; burning by municipalities, county governments, to facilitat· ...---_J .. 

prescribed burning for wildlife habitat maintenance, forestry purposes, natural area 

management, and firefighting or prevention; United States Department of the Interior burning, 

to facilitate a National Park Service Fire Management Plan for the Indiana Dwtes National 

Lakeshore, for example; and United States Department of Agriculture, Forest Service burning, to 

facilitate wildlife habitat maintenance, forestry purposes, natural area management, ecosystem 

management, and fire-fighting or prevention. Burning shall be subject to conditions in subsection 

(b)( 1) through (b )(5) and the following conditions: 

(A) If The fire sball be extinguished if it creates a:.------ ---------. 

(i) nuisance; 

Similar to what was (ii) fire hazard; or 

(iii) pollution problem. 

it skall ee extiRg.l:liSked. 

Similar to what was SJ P-approved on 2/ I /1996. 

at 61 FR 3581. except the language '·pollution 

problem" has not been SIP-approved. 

- •D.approved on 

1996, at 61 FR 

N o I • except the 

language "when a 

pollution alert or ozone 

action day has b«n 

declaredn has not been 

SIP-approved. 

) No burning shall be conducted during unfavorable meteorological conditions, such as 

any of the following: 

(i) High winds. 

(ii) Temperature inversions. 

(iii) Air stagnation. 

"Burning 

for the 

purpose of 

fire 

training" 

was SWapproved 

(iv) When a pollution alert or ozone action day has been declared. 

(C) Only vegetation and clean petrolewn products may be burned. 

Burning by the U.S. Forest Service for firefighting or prevention is not subject to the conditions in 

subsection (b) or this subdivision. 

(5) Burning of marijuana by federal, state, and local law enforcement offices. Burning shall be 

subject to the conditions in subsection (b) and only clean petroleum products shall be used for 

ignition purposes. 

(6) Burning, for the purpose of heating, using clean wood products or paper in a noncombustible 

container that is sufficiently vented to induce adequate primary combustion, and has enclosed sides 

and a bottom. Burning shaJl be subject to the conditions in subsection (b)(l) through (b)(5) and the 

following conditions: 

(A) Burning shall only occur between October l and May 15. 

(B) Burning shall not be conducted for the purpose of disposal. on 

6/2211978, 

at 43 FR 

(7) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of 

extinguishing an existing fire. Such burning is not subject to the conditions in subsection (b). 

"~>n:r as a !+'<8) Burning of clean petroleum products, natural gas, methane, or propane for ftre extinguisher 

,..r'C 2, but 

no further 

details 

were 

provided. 

5 
training, including mobile or stationary training units, subject to the conditions in subsection (b) 

and the following conditions: 

(A) The local fare department and health department must be notified at least twenty-four 

(24) hours in advance of the date, time, and location of the burning. 

(B) Except as provided in clause (C), daily fuel volume amounts burned are limited to one 

(1) ofthe following: 

(i) Fourteen ( 14) gallons of clean petroleum products. 

(ii) Two hundred twelve (212) gallons of propane. 

(iii) Twenty-nine thousand seven hundred (29,700) cubic feet of natural gas or 

methane. 

(C) A combination of the fuels listed in clause (B) may be burned each day. The amount of 

each fuel that can be burned each day shall be detennined as follows: 

(i) The volume of each fuel to be burned each day shall be calculated as a percentage 

of the maximum volume allowed in clause (B) for that fuel. 

(ii) The sum of the percentages for each fuel burned each day shall not 

exceed one hundred percent (1000/0). 

(D) All burning of clean petroleum products shall take place in a noncombustible container 

or enclosure that has enclosed sides and a bottom. 

(E) All burning shall be conducted in such a manner so as to prevent any possibility of soil 

contamination or uncontrolled spread of the fire. 

(F) Only one ( 1) file may be allowed to bum at a time. 

(9) Burning of two (2) siogle family, noodemolished strudures per calendar year by 

municipal fire departments for purposes of live fire training, subject to the conditions in 

subsection (b) and the following conditions: 

(A) Written notif~eation must be submiUed to the Indiana department of 

environmental management, otliee of air quality, at least thirty (30) days prior to the 

burning witb the date, time, and location of the burning included. A copy of the 

notification sball be made available at the burning site to state and local officials upon 

request. 

(B) The fire department conducting the fire training must provide written notification 

to each interested party or person owning or renting property within five hundred 

(500) feet of the structure to be burned at least fifteen (15) days prior to tbe training 

activity or publish a notice of intent to bum in tbe local ~ewspaper at least fifteen (15) 

days prior to tbe training activity. 

(C) The fire department must notify tbe county health department and county 

sherift's department at least twenty-four (24) houn prior to the burning and include 

the date, time, and location of the burning. 

tD) All asbestos-containing materials, asphalt roofing including backer paper, and 

vinyl siding inclading Styrofoam backer insulation must be removed before the 

intentional burning of any structure. These materials may not be burned and must be 

bandied or disposed of in accordance with the applicable rules of the solid waste 

management board at 3291AC 10 and 3291AC 11. 

(E) Mercury oonaining equipment and ftuoreseent bulbs must be removed from the 

house and properly recycled or disposed of in a«ordance witb tbe applicable rules of 

the solid waste management board at 329 lAC 10. 

6 

( 

c 

( 
( 

( 

(F) No burning shall take place within one hundred (100) feet of a structure or power 

line or three hundred (300) feet of a frequently traveled road, fuel storage area, or 

pipeline. 

(G) All burning must comply with other federal, state, or local laws, regulations, or 

ordinances, including 40 CFR 61, Subpart M* (National Emissions Standards for 

Asbestos). 

(10) Ceremonial burning of United States flags, subject to the conditions in subsection (b) and 

tbe following conditions: 

(A) Any person conducting ceremonial burning of United States flags shall notify the 

local fire department and health department at least twenty-four (24) hours prior to 

any burning if the size of tbe pile being burned is more than one hundred twenty-five 

(125) cubic feet and include the date, time, and location oftbe burning. 

(B) Fires shall: 

(i) not be ignited more than two (2) hours before the activity is to take place; 

and 

(ii) be extinguished upon conclusion oftbe activity. 

(C) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet, 

and only one (l) pile may be burned at a time. 

(D) Fires shall not be located within five hundred (500) feet of any fuel storage area or 

pipeline. 

*This document is incorporated by reference. Copies 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, 

Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 

46204. (Air Pollution Control Board; 326 lAC 4-1-J;filed Mar 10, 1988, 1:20 p.m.: 1 I IR 2419;jiled 

May 24, 1995, 10:00 a.m.: 18/R 2408; filed Jut 30, 1996, 2:00p.m.: 19/R 3341; readopted filed Jan 10, 

2001, 3:20p.m.: 24 IR 1477; filed Mar 21, 2007, 2:48p.m.: 20070418-IR-326050268FRA;jiled Sep 28, 

2011, 10:58 a.m.: 2011 1026-IR-326090362FRA) 

326 lAC 4-l-4 Emergency burning 

Authority: IC 13-15-2-1; IC 13-17-3-4 

Affected: IC 13-12; IC 13-17-9 

7 
The following language was SIP-approved as part of APC 2 on 6/2211978, at 43 FR 26721: "Burning with prior approval oflhe Board or 

its designated agent may be authoriz.ed for the following: (I) Emergency burning of petroleum products. (2) Burning of refuse consisting 

of material resulting from a natural disaster. (3) Burning for the purpose of fire training. ( 4) Burning of natural growth derived from a 

clearing operation, i.e., removal of natural growth for change in use oflhe land. (5) Burning of highly explosive or other dangerous 

materials." 

Sec. 4. Emergency burning Lth prior oral approval of the commissioner or the commissioner's 

designated agent may be authorized for the following: 

(I) spilled or escaping liquid or gaseous petroleum products when all reasonable efforts to recover 

the spilled material have been made and failure to bum would result in an imminent fire or health 

hazard or air or water pollution problem; or The I anguage "Burning of refuse consisting of material resulting from a natural 

disaster" was SIP-approved as pan of APC 2 on 612211978, at 43 FR 26721. 

t 

(2) clean wood waste. vegetation, or deceased animals resulting from a natural disaster where 

failure to bum would result in an imminent health. &f safety, or environmental hazard. 

The commissioner or the commissioner's designated agent shall issue a written approval within seven (7) 

days of the oral approval. The written approval shall contain any conditions on emergency burning that the 

commissioner established in the oral approval. (Air Pollution Control Board; 326/AC 4-1-4; filed Mar 10, 

1988, 1:20 p.m.: lJ IR 2420;filedJul30, /996, 2:00p.m.: 19 IR 3343; readopted filed Jan 10, 200/, 3:20 

p.m.: 24 /R /477,·.filed Sep 28, 2011, 10:58 a.m: 2011 /026-IR-326090362FRA) 

The following language wa" SIP-approved as part of APC 2 on 6/22/1978, at 43 FR 26711: ''(a) Burning with prior approval of the 

Board or its designated agent may be authorized for the following: (I) Emergency burning of petroleum products. (2) Burning of 

refuse consisting of material resulting from a natural disaster. {3) Buming for the purpose of fire trair.ing. ( 4) Burning of natural 

growth derived from a clearing operation, i.e., removal of natural growth for change in use of the land. (5) Burning of highly 

explosive or other dangerous materials. (b) Burning not exempted by Section 3 [326 lAC 4-1-3) may be permined with prior receipt 

1fa variance application and approval ofthe Board." 

326 lAC 4·1·4.1 Open burning approval; criteria and conditions 

Authority: IC 13·15-2-1; lC 13-17-3-4 

Affected: IC4-21.5;1C 13-12;JC 13-17-9 

Sec: 4.1. (a) Burning not exempted by section 3 or 4 of this rule may be authorized by the issuance 

of an approval by the commissioner or the commissioner's designated agent after consideration of an 

approval application. Such burning may be authorized for, but not limited to, the following: 

._ __ (I) Burning for the purpose of fire training. 

1-----(2) Burning of natural growth derived from a clearing operation such as removal of natural growth 

for change in use of the land. 

,_ ___ (3) Burning of highly ex£_losive or other dangerous materials for which no alternative disposal 

method exists or where transportation of such materials is hazardous. 

(4) Burning of clean wood products. 

(5) Burning of natural growth for the pwpose of land management. 

(b) The following criteria may be considered for approval under this section: 

(1) The applicant has demonstrated that alternative methods for disposal are impractical or 

prohibitively expensive. 

(2) There are not more than five (5) residences or structures within five hundred (500) feet of the 

proposed burning site. 

(3) There have been no open burning violations at the site of the proposed burning or by the 

8 
( 

( 

SlPSimilar 

to what 

was SIPapproved 

on 

211/1996, 

at61 FR 

3581. 

Similar to what was SIP-approved on 

2/111996. at 61 FR 3581. 

Similar to what was SIP-approved on 2/1/1996, at61 FR 

3581, except the language "air pollution problem·· and '·a 

threat to public health'' have not been SIP-approved. 

times. 

(9) No burning shall take place within: 

+( 

(A) one hundred (1 00) feet of any structure or powerline; or 

(B) three hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline. 

1 0) fires must be attended at all times until completely extinguished. 

t 

( 11) All burning must comply with other federal, state, or local laws, regulations, or ordinances, 

1 ncluding 40 CFR 61, Subpart M* (National Emissions Standards for Asbestos). 

( 12) No waste that is regularly generated as a result of a routine business operation shall be burned. 

( 13) The material to be burned shall not exceed one thousand ( J ,000) cubic feet. 

(e) An approval letter shall be valid for no longer than one ( 1) year from the date of issuance. 

However, an approval letter may be valid for as long as five {5) years if the approval application is 

accompanied by an open burning plan. The plan shall: 

(1) contain a description of the open burning proposed for the period of time for which an approval 

letter is sought; and 

(2) be incorporated as a condition of the approval letter under subsection (d) or (f). 

Any change in the plan must receive an additional approval letter, unless the change is to reduce open 

bwning or the change is to conduct burning exempted under section 3 of this rule. The plan shall be 

available for review upon the request by the department. 

(f) The commissioner or the commissioner~s designated agent may add conditions to an approval 

9 
letter, as necessary, to prevent a public nuisance or protect the public health or the environment. Such 

conditions may be based on local air quality conditions, including whether the area is a nonattainment 

county as defined in 326 lAC l-4-1 or has been redesignated from nonattainment to attainment status. 

(g) A decision on the open burning approval letter is subject to IC 4-21.5 (Administrative Orders 

and Procedures Act). 

*This document is incorporated by reference. Copies 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, Indiana 

Goverrunent Center-North, Tenth Floor, 100 North Senate Avenue~ Indianapolis, Indiana 46204. (Air 

Pollution Control Board; 326/AC 4-1-4.1 ;filed Ju/ 30, 1996, 2:00p.m.: 19/R 3343; readopted filed Jan 

10, 2001, 3:20p.m: 24/R 1477;filed Nov 15, 2002, 11:17 a.m.: 26/R 1077) 

326 lAC 4-l-4.2 Open burning; approval revocation ----.~ .. 1 Not SIP-approved. 

Authority: IC 13-15-2-l; IC 13-17-3-4 

Affected: IC 13-12; IC 13-17-9 

Sec. 4.2. The commissioner or the commissioner's designated agent may revoke an approval letter 

ifthe applicant: 

(1) violates any requirement of section 4.l(d) of this rule; 

(2) violates any condition added to the approval letter under section 4.l(f) of this rule; or 

(3) falsities infonnation on an application for an approval. 

(Air Pollution Control Board; 326/AC 4-1-4.2;jiledJul30, 1996, 2:00p.m.: /9 IR 3344; readoptedfiled 

Jan 10, 2001. 3:20p.m.: 24 IR 1477) 

326 lAC 4-1-4.3 Open burning approval; delegation of authority ---+1.-1 Not SIP-approved. 

Authority: IC 13-15-2-1; IC 13-17-3-4 

Affected: IC 4-21.5; IC 13-12; IC 13-17-9 

Sec. 4.3. The commissioner may delegate the authority to issue open burning approval letters in 

accordance with this section to a local health department, fire department, solid waste management district, 

or other agency upon a demonstration that the agency: 

( l) has the necessary legal authority and resources to implement an approval program that is at least 

as protective of the public health, welfare, and the environment as the provisions of this rule; and 

(2) commits to implement the program described in subdivision (l) and to follow the public 

notification procedures of rc 4-21.5 in the issuance of approval letters. 

The commissioner may establish conditions for the delegation and may revoke any such delegation if the 

commissioner determines that any condition has not been satisfied or the circwnstances under which the 

delegation was issued have changed. (Air Pollution Control Board; 326 lAC 4-1-4.3; filed Jul 30, 1996, 

2:00p.m.: 19/R 3344; readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1477) 

326 lAC 4-1-5 Liability for fire ----~ 

Authority: IC 13-1-1-4; IC 13-7-7 

Affected: IC 13-1-1 

Same language that was SIP-approved on 6/2211978, at 43 FR 

26721 in APC 2 Section 5. 

10 
Sec. 5. Any person who allows the accumulation or existence of combustible material which 

constitutes or contributes to a ftre causing air pollution may not refute liability for violation of this rule 

(326 lAC 4-1) on the basis that said ftre was set by vandals, accidental, or an act of God. (Air Pollution 

( Control Board: 326/AC 4-l-5;filed Mar 10, 1988, 1:20pm: 11 IR 2420; readopted filed .Jan 10, 2001, 

3:20p.m.: 24 IR 1477) 

( 

( 

II