IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

Mitchell E. Daniels Jr. 100 North Senate Avenue

Governor Indianapolis. Indiana 46204

(317) 232-8603

Thomas W Easterly Toll Free (800) 451-6027

Commissioner www.idem.lN.gov

Ms. Susan Hedman

Regional Administrator

u.S. EPA, Region 5

77 West Jackson Boulevard

Chicago, Illinois 60604

Dear Ms. Hedman:

November 24, 2010

Re: State Implementation Plan Submittal for Indiana

Regarding 326 lAC 1-1-3; 2009 Annual Update to .

the References to the Code of Federal Regulations

and related updates; and, 326 lAC 1-2-48; Definition

of "Nonphotochemically Reactive Hydrocarbons" or

"Negligibly Photochemically Reactive Compounds";

LSA #1O-112(F)

Pursuant to Section 110 ofthe 1990 Clean Air Act and Title 13 ofthe Indiana Code, the

Indiana Department ofEnvironmental Management (IDEM) submits an amendment to the Indiana

state implementation plan. This amendment consists of amendments to the definition of

"References to the Code of Federal Regulations" at 326 lAC 1-1-3 and amendments to the

definition of "nonphotochemically reactive hydrocarbons" or "negligibly photochemically reactive

compounds" at 326 lAC 1-2-48 (LSA #10-112(F)). .

The rule revision in 326 lAC 1-1-3 updates the references to the Code of Federal

Regulations (CFR) in Title 326 ofthe Indiana Administrative Code to mean the 2009 edition of

the CFR. The references are included in the Indiana state implementation plan. Indiana statute

requires that federal references that are used in state rules be incorporated by reference or

equivalent language through the process of a rulemaking.

The rule revision in 326 lAC 1-2-48 adds the compounds dimethyl carbonate and

propylene carbonate to the list of compounds that are excluded from the definition ofvolatile

organic compounds (VOCs) on the basis that these compounds make a negligible contribution to

tropospheric ozone formation and will not result in adverse human health or environmental effects

under reasonable conditions. These compounds were excluded from the regulatory definition of

VOCs to focus VOC control efforts on compounds that do significantly increase ozone

concentrations and as an incentive for industry to use negligibly reactive compounds in place of

more highly reactive compounds that remain regulated as VOCs.

The rule was final adopted on June 2, 2010, by the Air Pollution Control Board. No

comments were received at the hearing. The rule was filed with the Publisher ofthe Indiana

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Ms. Susan Hedman

Page 2

Register on October 1,2010, and became effective October 31, 2010. No modeling was necessary

for this submittal.

Throughout the development ofthese amendments to the existing rule, 326 lAC 1-1-3 and

326 lAC 1-2-48, staff ofthe Office ofAir Quality worked closely with your staffto ensure that

any potential problems that might exist with this requested state implementation plan revision

would be resolved. I request that U.S. EPA approve these modifications ofIndiana's state

implementation plan. If you have any questions regarding this submittal, please contact Scott

Deloney, Air Programs Branch Chief, Office ofAir Quality at (317) 233-5694.

Sincerely,

Keith Baugues

Assistant Commissioner, Office of Air Quality

KB/mc

Attachments: Supporting Documents

cc: John Mooney, U.S. EPA Region 5 (w/enclosures)

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

Scott Deloney, IDEM (no enclosures)

Christine Pedersen, IDEM (no enclosures)

Manda Clevenger, IDEM (no enclosures)

SIP file

(

(

(

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Supporting Documents

Attachment A: Final rule. LSA Document #10-1l2(F) as published in the Indiana

Register on October 27,2010 (DIN: 20101027-IR-326100112FRA)

Attachment B: Signature Page

Attachment C: SectionS Notice as published in the Indiana Register on March 3, 2010

(DIN: 20100303-IR-326100112FDA)

Attachment D: Publishers' Affidavits

Attachment E: Transcript ofPublic Hearing held on June 2,2010

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

TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule

LSA Document #10-112(F)

DIGEST

Amends 326 lAC 1-1-3 concerning an update 'to references to the CFR to mean the 2009 edition and amends

326 lAC 1-2-48, 326 lAC 19-2-1, and 326 lAC 20-28 to update citations to federal standards that are incorporated

by reference. Effective 30 days after filing with the Publisher.

HISTORY

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8 and Draft Rule: March 3, 2010,

Indiana Register (DIN: 20100303-IR-3261 00112FDA).

Notice of Public Hearing: March 3, 2010, Indiana Register (DIN: 20100303-IR-326100112PHA).

Change in Notice of Public Hearing: May 5, 2010, Indiana Register (DIN: 20100505-IR-326100112CHA).

Date of Hearing: June 2, 2010.

326 lAC 1-1-3; 326 lAC 1.2-48; 326 lAC 19·2.1; 326 lAC 20·28-1

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

326 lAC 1-1-3 References to the Code of Federal Regulations

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

Affected: IC 13-15; IC 13-17

Sec. 3. Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR)

shall mean the July 1, i!GG8; 2009, edition*.

*This body of documents 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 1-1-3: filed Mar 10, 1988, 1:20 p.m.:llIR 2369: filed Jan 6,1989,3:30 p.m.:

12/R 1102; filed Dec 14, 1989,9:35 a.m.: 13/R 868; filed Aug g, 1991, 11:00 a.m.: 14/R 2218: filed May 25,

1994, 11:00 a.m.: 17 IR 2237; filed Ju/ 25, 1995, 5:00 p.m.: 18 IR 3381; filed Jul 25, 1997, 4:00 p.m.: 20 /R 3298;

filed Oct 30, 2000, 2:13 p.m.: 241R 667; filed May 21,2002, 10:20 a.m.: 251R 3054; filed Aug 26,2004, 11:30

a.m.: 28/R 17; filed Oct 14, 2005, 10:00 a.m.: 29/R 795; filed Mar 17, 2006, 1:00 p.m.: 291R 2517; filed Apr 26,

2007, 9:38 a.m.: 20070523-/R-326060412FRA: filed Apr 1,2008,9:59 a.m.: 20080430-IR-326070373FRA; filed

Jull, 2009, 3:12 p.m.: 20090729-/R- 326080901FBA; filed Oct I, 2010, 3:49 p.m.: 20101027-IR-326100112FRA)

SECTION 2. 326 lAC 1-2-48 IS AMENDED TO READ AS FOLLOWS:

326 lAC 1·2-48 "Nonphotochemically reactive hydrocarbons" or "negligibly photochemically reactive

compounds" defined

Authority: IC 13.14-8; IC 13-17-3-4

Affected: IC 13-17·3·14

Sec. 48. (a) "Nonphotochemically reactive hydrocarbons" or "negligibly photochemically reactive compounds"

refers to the list of organic compounds that have been determined to have negligible photochemical reactivity and

are thereby excluded from the definition of volatile organic compounds (VOC) as follows:

(1) 40 CFR 51.100(s)(1)*. as ameAeleei at 74 FR 3437, daA~ary 21, 2009*.

(2) 40 CFR 51.100(s)(5)*.

(3) 40 CFR 51.100(s)(2)*, as measured by 326 lAC 8-1-4 and approved by the commissioner, subject to

conditions under 40 CFR 51.100(s)(3) through 40 CFR 51.100(s)(4)*.

Date: Nov 03,2010 5:52:01 PM EDT DIN: 20101027-IR-326100112FRA Page 1
Indiana Register

(b) Compliance calculations for coatings expressed as pounds VOC/galion coating (less water) should treat

nonphotochemically reactive compounds or negligibly photochemically reactive compounds as water for purposes (

of calculating the less water portion of the coating composition. \

*These documents are incorporated by reference. Copies referenced in this section 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 Legal CouRsel, Air Quality,

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

46204.

(Air Pollution Control Board; 326 lAC 1-2-48: filed Mar 10, 1988, 1:20 p.m.: 11 IR 2373; filed Sep 23, 1988, 11:59

a.m.: 121R 255; filed Jan 16, 1990,4:00 p.m.: 131R 1016; filed Aug 9, 1993,5:00 p.m.: 161R 2827; filed Sep 5,

1995,12:00 p.m.: 191R 29; filed May 13, 1996,5:00 p.m.: 191R 2855; errata filed Mar 21,1997,9:50 a.m.: 20 IR

2116; filed Jun 9,2000, 10:01 a.m.: 231R 2704; filed Mey 21,2002, 10:20 a.m.: 251R 3055; filed Oct 20,2005,

1:30 p.m.: 291R 796; filed Apr 26,2007,9:38 a.m,: 20070523-IR-326060412ERA: filed Jan 6,2010,4:07 p.m.:

20100203-IR-326090477FRA: filed Oct 1, 2010, 3:49 p.m.: 20101027-IR-326100112FRA)

SECTION 3. 326 lAC 19-2-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 19-2·1 Applicability; incorporation by reference of federal standards

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, unless specifically exempted in the applicability section of 40 CFR 93, Subpart A*,

applies to transportation plans, programs, and projects in nonattainment or maintenance areas for

transportation-related criteria pollutants that are developed, funded, or approved by the United States Department

of Transportation (DOT) and by metropolitan planning organizations (MPOs) or other recipients of funds under

Title 23 United States Code (U.S.C.) or the Federal Transit Laws.

(b) This rule applies to regionally significant projects, regardless of funding source, located in nonattainment or

maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or

has a maintenance plan.

(c) The air pollution control board incorporates by reference the following:

(1) 40 CFR 61, Subpart T*.

(2) 40 CFR 93, Subpart N. as ameRses ~y 6g FR 49972, duly 1,2994*,

*These documents are incorporated by reference. Copies may be obtained from the Government Printing

Office, 732 North Capitol Street NW, Washington, D,C. 20401 or are also 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 19-2-1: filed Apr 28, 1997,4:00 p.m.: 20 IR 2298; filed Oct 20, 1998,4:46

p.m.: 221R 751; filed May 21,2002, 10:20 a.m.: 251R 3085; filed Oct 20, 2005, 1:30 p.m.: 291R 797; filed Oct 1,

2010,3:49 p.m.: 20101027-IR-326100112FRAI

SECTION 4. 326 lAC 20-28-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 20·28·1 Hazardous waste combustors; applicability; incorporation by reference of federal

standards

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 all hazardous waste combustors as provided in 40 CFR 63.1200*. 64 FR 52828

(

Date, Nov 03,2010 5,52,01 PM EDT DIN, 20101027·IR·326100112FRA Page 2
Indiana Register

(Septeml:>er 30, 1099)*, iRelHdiRg tAe fells'IIiRg:

(1) Ma"ardsHs waste iReiReratsrs.

(2) I la"ardsHs wastel:>lolFAiRg oemeRt IdiRs.

(3) Ma"erdsHs wastel:>HmiRg HgAlweigAt aggregate 1,IIRs.

(b) The air pollution control board incorporates by reference 40 CFR 63, Subpart EEE*, 64 FR e2828

(Septeml:>er 30,1999)*,61 FR 63209 (Nsveml:>er 19,1999)*, 6e FR 12292 (dHly 10, 2000)*, aRa 6e FR 67268

(Nsveml:>er 9,2000)*, National Emission Standards for Hazardous Air Pollutants fer from Hazardous Waste

Combustors. with the OlweptisR sf the fellswiRg seelisRs:

(1) 63.1206(a)(2), oSRoeFAiRg SSHrees that ds Rat iRteRd ts esmply.

(2) 63.1210(1:», oSRoeFAiRg RstifieatisR sf iRteRt ts esmply.

(3) 63.1210(e), eSReerAiAg pHI:>He meetiRg aRd Rstiee sf iRteRtts esmply.

(1) 63.1211(1:», oSReemiAg esmpHaRee pragress repsrts asssoiatea with the RstifieatisR sf iAteRtts esmply.

(e) 63.1212(a), eSReerAiAg oertifieatisR sf iRteRtts osmply.

(6) 63.1212(1:», oSReerAiAg SSHrees that l:>egiA I:>HrAiRg ha"ardsHs waste after September 30,1099.

*These documents are incorporated by reference. Copies may be obtained from the Government Printing

Office, Washington, D.C. 20402, or are available for copying atlhe Indiana Department of Environmental

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

Indianapolis, Indiana.

(Air Pollution Control Board; 326 lAC 20-28-1; filed Jun 21,2001,2:23 p.m.: 241R 3617; errata filed Oct 10, 2001,

3:34 p.m.: 251R 813; filed Oct 1,2010,3:49 p.m.: 20101027-IR-326100112FRA)

LSA Document #10-112(F)

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: 20100303-IR-326100112FDA

Hearing Held: June 2,2010

Approved by Attorney General: September 24, 2010

Approved by Governor: September 28, 2010

Filed with Publisher: October 1, 2010, 3:49 p.m.

Documents Incorporated by Reference: 29 CFR, July 1, 2009 edition; 40 CFR, July 1, 2009 edition

Small Business Regulatory Coordinator: Alison SUrface, IDEM Compliance and Technical Assistance Program -

OPPTA, MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800)

988-7901, ctap@idem.in.gov

Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program

OmbUdsman, MC 50-011GCN 1307, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386,

bbaughn@idem.in.gov

Posted: 1012712010 by Legislative Services Agency

An html version of this document.

Date: Nov 03.2010 5:52:01 PM EDT DIN: 20101027-IR-326100112FRA Page 3
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Rule#:

Agency:

Subject:

ADOPTED:

By:

Rule Signature Page

LSA #10-1 12(F)

Air Pollution Control Board

2009 Update to References to the CFR

::PC:;;?6~Af;2-~~?;~d-=:"'--_- -<:if I r

Attorney General, State ofIndiana

APPROVED:

By: /1t1 e 1'-a-:11l 0.-",--*_ Mitchell E.~r Governor, State ofIndiana

ACCEPTED FOR FILING:

By:

TITLE 326 AIR POLLUTION CONlROL BOARD

LSA Document #10-1l2(FR)

Filed with Publisher: October 1, 2010, 3:49 p.m.

By:Rlw

Date: t;hyfo

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Date: _
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Indiana Register

TITLE 326 AIR POLLUTION CONTROL BOARD

FINDINGS AND DETERMINATION OF THE COMMISSIONER

PURSUANT TO IC 13-14-9-8 AND DRAFT RULE

LSA Document #10-112

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING REFERENCES TO THE CODE OF FEDERAL

REGULATIONS (CFR)

PURPOSE OF NOTICE

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

amendments to 326 lAC 1-1-3 concerning an update to references to the CFR to mean the 2009 edition. This

rulemaking also includes amendments to 326 lAC 1-2-48, 326 lAC 19-2-1, and 326 lAC 20-28 to update citations

to federal standards that are incorporated by reference. IDEM is soliciting written comment on the draft rule

language and will schedule a public hearing before the Air Pollution Control Board (board) for consideration of

adoption of these rules.

CITATIONS AFFECTED: 326 lAC 1-1-3; 326 lAC 1-2-48; 326 lAC 19-2-1; 326 lAC 20-28.

AUTHORITY: IC 13-14-8; IC 13-14-9; IC 13-17-3; IC 13-17-8.

STATUTORY REQUIREMENTS

IC 13-14-9-8 recognizes that under certain circumstances it may be appropriate to reduce the number of

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

there is no anticipated benefit from a second public comment period and first public hearing, IDEM may forgo

these opportunities for public comment and proceed directly to the public hearing and board meeting at which the

draft rule is considered for adoption. Two opportunities for public comment (with this notice and at the public

hearing priorto adoption of the rule) remain under this procedure.

If the commissioner makes the determination of no anticipated benefit required by IC 13-14-9-8, the

commissioner shall prepare written findings and publish those findings in the Indiana Register prior to the board

meeting at which the draft rule is to be considered for adoption and include them in the board packet prepared for

that meeting. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-8.

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

(1) the rule constitutes:

(A) an adoption or incorporation by reference of a federal law, regulation, or rule that:

(i) is or will be applicable to Indiana; and

(ii) contains no amendments that have a substantive effect on the scope or intended application of the

federal law or rule;

(B) a technical amendment with no substantive effect on an existing Indiana rule; or

(C) a substantive amendment to an existing Indiana rule, the primary and intended purpose of which is to

clarify the existing rule; and

(2) the rule is of such nature and scope that there is no reasonably anticipated benefit to the environment or

the persons referred to in IC 13-14-9-7(a)(2) from:

(A) exposing the rule to diverse public comment under IC 13-14-9-3 or IC 13-14-9-4;

(B) affording interested or affected parties the opportunity to be heard under IC 13-14-9-3 or IC 13-14-9-4;

and

(C) affording interested or affected parties the opportunity to develop evidence in the record collected

under IC 13-14-9-3 and IC 13-14-9-4.

BACKGROUND

"References to the Code of Federal Regulations", at 326 lAC 1-1-3, indicates the yearly edition of the CFR

that is applicable to federal regulations that have been incorporated by reference throughout Title 326 of the

Indiana Administrative Code (lAC), the rules of the board, unless a different edition is specified in a given rule. By

annually updating the reference to the CFR, IDEM is able to incorporate by reference the latest version of the

parts of the CFR already incorporated into the air rules, with the exception of those most recently published in the

Federal Register (FR).

The 2009 edition of the CFR is a codification of the general and permanent regulations published in the FR

as of June 30, 2009. IDEM incorporates citations by reference from Titles 29 and 40 of the CFR in Title 326.

Title 29 of the CFR contains federal regulations for the asbestos and lead programs. Title 29 of the CFR is

referenced in 326 lAC 14 (Emission Standards for Hazardous Air Pollutants), 326 lAC 20 (Hazardous Air

Pollutants), and 326 lAC 23 (Lead-Based Paint Program). Many of these regulations are either directly

Date: Nov 03.201 0 5:51 :27PM EDT DIN: 20100303-IR-326100112FDA Page 1

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incorporated by reference into Title 326 of the lAC as state-enforceable rule provisions or they are incorporated

into Title 326 of the lAC as federal authority for the implementation and enforcement of state rule provisions.

Title 40 of the CFR includes all federal environmental regulations promulgated by the United States (

Environmental Protection Agency (U.S. EPA). It is referenced throughout Title 326 of the lAC.

The latest version of the CFR contained in 326 lAC 1-1-3 is July 1, 2008. Since that date, a number of new

federal regulations have been promulgated that are not reflected in the current version of Title 326 of the lAC. By

updating the reference date to July 1, 2009, Title 326 of the lAC will be consistent with those regulations that the

federal government promulgated between July 1, 2008, and June 30, 2009.

""Nonphotochemically reactive hydrocarbons" or "negligibly photochemically reactive compounds" defined",

at 326 lAC 1-2-48, was recently amended through rulemaking LSA Document #09-477, which became effective

on February 5,2010. The amendment incorporated by reference the federally revised definition at 74 FR 3437

(January 21,2009). The revised definition adds the compounds dimethyl carbonate and propylene carbonate to

the list of compounds that are excluded from the definition of VOCs on the basis that these compounds make a

negligible contribution to tropospheric ozone formation and will not result in adverse human health or

environmental effects under reasonable conditions. These compounds were excluded from the regulatory

definition of VOCs to focus VOC control efforts on compounds that do significantly increase ozone concentrations

and as an incentive for industry to use negligibly reactive compounds in place of more highly reactive compounds

that remain regulated as VOCs.

By amending 326 lAC 1-1-3 in this rulemaking to contain a reference date of July 1, 2009, Title 326 of the

lAC will be consistent with those regulations that the federal government promulgated between July 1, 2008, and

June 30, 2009.

The current rule at 326 lAC 19-2-1, Transportation Conformity to Federal and State Implementation Plans,

incorporates by reference 40 CFR 93, Subpart A, as amended by 69 FR 40072 on July 1, 2004. This CFR has

since been revised and the reference to 69 FR 40072 is now outdated. Therefore, IDEM has included draft

revisions for 326 lAC 19-2-1 that eliminate the outdated reference to the FR to ensure that the rule is consistent

with current federal regulations.

The current rule at 326 lAC 20-28, Hazardous Waste Combustors, incorporates by reference the National

Emission Standards for Hazardous Air Pollutants (NESHAP) from Hazardous Waste Combustors found at 40

CFR 63, Subpart EEE with several sections excepted. This NESHAP from Hazardous Waste Combustors was

revised in the October 28, 2008, Federal Register at 73 FR 64068. Therefore, IDEM has included draft revisions

for 326 lAC 20-28 that eliminate outdated references to the FR to ensure that the rule is consistent with current ('

federal regulations.

Upon completion of the rulemaking, this rule will be submitted to the U.S. EPA for approval as a revision to

the state implementation plan.

Ie 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law

No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule

applies that is not imposed under federal law. This draft rule imposes no restrictions or requirements because it is

a direct adoption of federal requirements that are applicable to Indiana and contains no amendments that have a

substantive effect on the scope or application of the federal rule.

Potential Fiscal Impact

Updating the reference to the CFR to mean the July 1, 2009, edition in 326 lAC 1-1-3 allows federal and state

rules to be consistent with each other and does not establish any requirements to which the regulated sources are

not already subject. There are no increased costs to the regulated entities due to this rulemaking. The proposed

amendments to 326 lAC 1-2-48, 326 lAC 19-2-1, and 326 lAC 20-28 will have no fiscal impact because the

amendments are an incorporation of existing federal law and no impact beyond that already imposed by the

federal law is imposed by this rulemaking.

Public Participation and Workgroup Information

At this time, no workgroup is planned for the rulemaking. If you feel that a workgroup or other informal

discussion on the rule is appropriate, please contact Manda Clevenger, Rule and State Implementation Plan

Development Section, Office of Air Quality at (317) 232-8229 or (800) 451-6027 (in Indiana).

Smatl Business Assistance Information

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

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

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

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

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

http://www.in.gov/idem/4108.htm

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

Alison Surface

IDEM Compliance and Technical Assistance Program - OPPTA

MC 60-04 IGCS W041 (

Date: Nov 03.2010 5:51 :27PM EDT DIN: 20100303·IR-326100112FDA Page 2
Indiana Register

100 North Senate Avenue

Indianapolis, IN 46204-2251

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

ctap@idem.in.gov

The Small Business Assistance Program Ombudsman is:

Brad Baughn

IDEM Small Business Assistance Program Ombudsman

MC 50-01 IGCN 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386

bbaughn@idem.in.gov

FINDINGS

The commissioner of IDEM has prepared findings regarding this rulemaking updating references to the July

1, 2009, edition of the CFR and the revisions to citations of federal standards that are incorporated by reference

as required by federal rule. These findings are prepared under IC 13-14-9-8 and are as follows:

(1) This rule is the direct adoption of federal requirements that are applicable to Indiana, and it contains no

amendments that have a substantive effect on the scope or intended application of the federal rule.

(2) Indiana is required by the Clean Air Act (CM) to adopt these requirements as state rule.

(3) The public will benefit from prompt adoption of this rule, because it alleviates unnecessary duplication of

rulemaking efforts by the state by directly updating the references to the CFR that have been amended by

the U.S. EPA.

(4) I have determined that under the specific circumstances pertaining to this rule, there would be no benefit

to the environment or to persons to be regulated or otherwise affected by this rule from the first public

comment period and first public hearing.

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

Thomas W. Easterly

Commissioner

Indiana Department of Environmental Management

REQUEST FOR PUBLIC COMMENTS

This notice requests the submission of comments on the draft rule language, including suggestions for

specific revisions to language to be contained in the rule. Mailed comments should be addressed to:

#10-112 (APCB) Annual Update to References to the Code of Federal

Regulations (CFR)

Manda Clevenger Mail Code 61-50

Rule and State Implementation Plan Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204

Hand delivered comments will be accepted by the receptionist on duty at the tenth floor reception desk, Office of

Air Quality, 100 North Senate Avenue, Indianapolis, Indiana.

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5967, Monday through Friday,

between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rule and

State Implementation Plan Development Section at (317) 234-6530.

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or hand delivered by April 2, 2010.

Additional information regarding this action may be obtained from Manda Clevenger, Rule and State

Implementation Plan Development Section, Office of Air Quality, (317) 232-8229 or (800) 451-6027 (in Indiana).

DRAFT RULE

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

326 lAC 1-1-3 References to the Code of Federal Regulations

Authority: IC 13·14·8; IC 13.17.3-4; IC 13·17·3·11

Date: Nov 03,20105:51 :27PM EDT DIN: 20100303-IR-3261 00112FDA Page 3
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Affected: IC 13-15; IC 13-17

(

Sec. 3. Unless otherwise indicated. any reference to a provision of the Code of Federal Regulations (CFR)

shall mean the July 1.;ooog, 2009. edition'.

'This body of documents 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 1-1-3: filed Mar 10. 1988. 1:20 p.m.:11 IR 2369; filed Jan 6. 1989.3:30 p.m.:

12/R 1102; filed Dec 14.1989.9:35 a.m.: 13/R 868; filed Aug 9.1991. 11:00 a.m.: 14/R 2218; filed May 25.

1994. 11:00 a.m.: 171R 2237; filed Ju/25. 1995.5:00 p.m.: 181R 3381; filed Ju125. 1997.4:00 p.m.: 20 IR 3298;

filed Oct 30.2000,2:13 p.m.: 24/R 667; filed May 21.2002. 10:20 a.m.: 251R 3054; filed Aug 26,2004, 11:30

a.m.: 281R 17; filed Oct 14. 2005. 10:00 a.m.: 29 IR 795; filed Mar 17,2006. 1:00 p.m.: 29 IR 2517; filed Apr 26,

2007,9:38 a.m.: 20070523-IR-326060412FRA: filed Apr 1, 2008, 9:59 a.m.: 20080430-/R-326070373FRA: filed

Ju11, 2009, 3:12 p.m.: 20090729-/R- 326080901FRA)

SECTION 2. 326 lAC 1-2-48 IS AMENDED TO READ AS FOLLOWS:

326 lAC 1-248 "Nonphotochemically reactive hydrocarbons" or "negligibly photochemically reactive

compounds" defined

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

Affected: IC 13-17-3-14

Sec. 48. (a) "Nonphotochemically reactive hydrocarbons" or "negligibly photochemically reactive compounds"

refers to the list of organic compounds that have been determined to have negligible photochemical reactivity and (

are thereby excluded from the definition of volatile organic compounds (VOC) as follows:

(1) 40 CFR 51.100(s)(1)'. as affieAaea at 74 FR 3437. daA~af)' 21. 2009'.

(2) 40 CFR 51.100(s)(5)'.

(3) 40 CFR 51.100(s)(2)'. as measured by 326 lAC 8-1-4 and approved by the commissioner. subject to

conditions under 40 CFR 51. 100(s)(3) through 40 CFR 51.100(s)(4)'.

(b) Compliance calculations for coatings expressed as pounds V091galion coating (less water) should treat

nonphotochemically reactive compounds or negligibly photochemically reactive compounds as water for purposes

of calculating the less water portion of the coating composition.

'These documents are incorporated by reference. Copies referenced in this section 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 Le§al Ge~Asel, Air Quality.

Indiana Government Center North. Tl1iFleeAtA Tenth Floor, 100 North Senate Avenue. Indianapolis. Indiana

46204.

(Air Pollution Control Board; 326 lAC 1-2-48: filed Mar 10, 1988, 1:20 p.m.: 11 IR 2373;filed Sep 23, 1988. 11:59

a.m.: 121R 255; filed Jan 16. 1990.4:00 p.m.: 131R 1016; filed Aug 9, 1993. 5:00 p.m.: 161R 2827; filed Sep 5,

1995, 12:00 p.m.: 191R 29; filed May 13, 1996. 5:00 p.m.: 191R 2855; errata filed Mar 21. 1997,9:50 a.m.: 20 IR

2116; filed Jun 9.2000. 10:01 a.m.: 231R 2704; filed May 21,2002. 10:20 a.m.: 251R 3055; filed Oct 20, 2005,

1:30 p.m.: 29 /R 796; filed Apr 26.2007.9:38 a.m.: 20070523-/R-326060412FRA; filed Jan 6.2010,4:07 p.m.:

20100203-IR-326090477FRA)

SECTION 3. 326 lAC 19-2-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 19-2-1 Applicability; incorporation by reference of federal standards

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

Affected: IC 13-15; IC 13-17 (

Date: Nov 03.2010 5:51 :27PM EDT DIN: 20100303-IR-326100112FDA Page 4
Indiana Register

Sec. 1. (a) This rule, unless specifically exempted in the applicability section of 40 CFR 93, Subpart N,

applies to transportation plans, programs, and projects in nonattainment or maintenance areas for

transportation-related criteria pollutants that are developed, funded, or approved by the United States Department

of Transportation (DOT) and by metropolitan planning organizations (MPOs) or other recipients of funds under .

Title 23 United States Code (U.S.C.) or the Federal Transit Laws.

(b) This rule applies to regionally significant projects, regardless of funding source, located in nonattainment or

maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or

has a maintenance plan.

(c) The air pollution control board incorporates by reference the following:

(1) 40 CFR 51, SubpartT'o

(2) 40 CFR 93, Subpart A'. as aFAeA~e~ 19y 89 FR q9972, d~ly 1, 299q'.

'These documents are incorporated by reference. Copies may be obtained from the Government Printing

Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are also 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 19-2-1; filed Apr 28, 1997, 4:00 p.m.: 20 IR 2298; filed Oct 20, 1998, 4:45

p.m.: 221R 751; filed May 21,2002, 10:20 a.m.: 251R 3085; filed Oct 20,2005,1:30 p.m.: 291R 797)

SECTION 4. 326 lAC 20-28-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 20-28-1 Hazardous waste combustors: applicability: incorporation by reference of federal

standards

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 all hazardous waste combustors as provided in 40 CFR 63.1200'. 8q FR e2828

(SeptoFA1ger 39, 1999)', iAel~~iA§ tAe feliewiA§:

(1) Ilazar~e~s waslo iAeiAoralsrs.

(2) HazarE!e~s waslo 19~miA§ eOFAoAllliiAS.

(3) HazarE!e~s wasle 19~rAiA§ Ii§AlweigAI a§gro§ale IIi1As.

(b) The air pollution control board incorporates by reference 40 CFR 63, Subpart EEE', 8q FR e2828

(SopleFA1ger 39, 1999)', 8q FR 83299 (NovoFA19or 19, 1999)*, 8e FR q2292 (d~ly 19, 2999)*, aAE! 8e FR 87288

(NoveFA1ger 9, 2999)', National Emission Standards for Hazardous Air Pollutants fef from Hazardous Waste

Combustors. wilA IAe ClEOeptioA of IAe foliowiA§ seeHoAs:

(1) 83.1298(a)(2), eOAeerAiAg so~reos IAol E!o Aol iAleAE!lo eOFAply.

(2) 83.1219(19), eOAeerAiA§ AolifiealioA of iAloAllo eOFAply.

(3) 83.1219(e), eOAeerAiA§ p~19lie FAeoliA§ aAE! Aoliee of iAloAHo eOFAply.

(q) 83.1211(19), eOAeerAiA§ eOFApliaAee pre§ross ropeRS assoeialeE! '....iIA lAO AolifisalioA ofiAloAHo SOFAply.

(e) 83.1212(a), eOAeorAiA§ eORilieaHoA ef iAloAHo OOFAply.

(8) 83.1212(19), eOAeomiAg so~reos IAal 1ge§iA 19~miAg AazarE!o~s wasle after SepleFA1ger 39,1999.

'These documents are incorporated by reference. Copies may be obtained from the Government Printing

Office, Washington, D.C. 20402, or are available for copying at the Indiana Department of Environmental

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

Indianapolis, Indiana.

(Air Pollution Control Board; 326 lAC 20-28-1; filed Jun 21, 2001, 2:23 p.m.: 24 IR 3617; errata filed Oct 10, 2001,

3:34 p.m.: 251R 813)

Notice of Public Hearing

Date: Nov 03.2010 5:51 :27PM EDT DIN: 20100303-IR-32S100112FDA Page 5
Indiana Register

Posted: 0310312010 by Legislative Services Agency

An !lim.! version at this document. (

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Dale: Nov 03,2010 5:51:27PM EDT DIN: 20100303-IR-326100112FDA Page 6
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Prescribed by State Board of Accounts General Form No. 99P

(Rev. 2009A)

The Journal Gazette

Account # 1060944 - 812926

Ind Dept Of Environmental Mgmt

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PUBLISHER'S CLAIM

LINE COUNT. •... . .

Display Master (Must not exceed two actual lines, neither ofwhich shall

total more than four solid lines of the type in which the body of the

advertisemenUs set) -- number of equivalentlines

Head -- number of lines

.aody -- number of lines

Tail -- number of lines

Total number of lines in .notice

COMPUTATION OF CHARGES

132 lines, 6. column(s) wide equals

264 eqUivalent lines at $ 0.371 cents per line

Additional charges 'for nptices coritaining rule ortabularwork

(50 per cent of above amount)

Charge for.extra proofs ofpublicalion

($1.00 for each proof in excess of tWo)

264

$ 97.94

48.97

TOTAL AMOUNT OFCLAIM $ . 146.91

DATA FOR COMPUTING COST

Width of single column in picas .. .. 9.8 Si2e of type .... 7point.

Number of Insertions ..... 1

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing

account is just and correct, that the am.ount claimed is legally due; after allowing all just credits,

and that no part of the samehas been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width

and type size, which was dUly published in said paper 1 times..

The dates of publication being as follows:

4/24/2010

--...,Ql~!W\. T. Brown-Smith

April 24, 2010 Legal Clerk

- . Additionally, Newspaper has a Web site and this public notiCe was posted on the same deY as it

was pUblished in The Journal Gazette. •

Date:
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THE JOURNAL GAZETTE, FT. WAYNE, IN

legal Notice of Public Hearing

Under 40 CFR 51.102 notice is hereby given that the Indiana Air Pollution

Control Board (board) will hold public hearings. at its regularly scheduled

meetin2 on Wednesday June 2, 2010. The meeting will convene at 4:00

p.m. at Columbus East High School. AUditorium. 230 South Marr Road. Co·

lumbus, Indiana. The purpose of the hearings is to receive public com· ments prior to the proposed actions. All interested persons are invited and

will be given reasonable opportunity to express theIr views concerning the

proposed actions. The publIC hearing for the Outdoor Hydronic Heater rule

will not begin before 6:00 p.m.

Copies of the draft and proposed rules are available to any perSOn upon re- Quest and are available for public inspection at the fOllowing locations:

Indiana Department of Environmental Management, Office of Air QualitYtlndiana Government Center.North

b

100 North Senate Avenue, 10th floor- ast

wing, IndianaPO:lis. Indiana 462 4.

Legislative Services Agency. One North Capitol Avenue. Suite 325. Indianap- olis, Indiana 46204.

IndIana Department of Env\ronm~ntal ManaR"ement. Northwest Office. 8380

Louisiana Street. Merrillvill~, Indiana 46410, . Indiana Department of EnVIronmental Management. Northern Office. Suite

450, 300 N. Michigan Street, South Bend. Indiana 4660l.

Indiana Department of Environmental Management. Southwest Offfc~ 1120

North Vincennes Avenue P.O. Box 128 Petersburg Indiana 47567-u128.

Indiana Department of Environmental Managemen~ Southeast Office. 820

West Sweet Street, Brownstown Indiana 47220-9507.

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

46204.

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

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

Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Blvd.. Evansville, Indiana 47713.

Board documents may be viewed and ~ownloaded from the Indiana Depart~

ment of Environmental Management's Web site as early as one week prior to

the meeting at http://www.In..f!.ov/idem/4710.htm.

The following rules are noticed for hearing and action:

2009 l!Rdate of "References to the COde of Federal Regulations' {LSA #10-

112}. The purPQ?e of this hearin2 is to receive public comment on amendments to 326 lAC 1-1-3, 326 lAC 1-2-48,326 lAC 19-2-1 and 326 lAC

20-28 that are proposed for adoption by the board. This draft rule updates the "References to the Code of Federal Regulations· to mean the July 1,

2009 edition, and updates citations to the Federal Register that are incorpo~

rated reference.

For ad itional information concerning this rule contact Manda Clevenger at

the In iana Department of Environmental ManagementbOffice of Air QuaH·

tv, Room 1003, Indiana Government Center North 10 North Senate Ave~ nue. Indianapolis at (317) 232·8229 or (800) 45'1·6027 (ext. 2-8229)(in Indiana), or mcleveng@idem.in.'f!.ov.

Lead National Ambient Air Quality Standard (LSA #1O"127). The purQose of this hearing is to receive public comment on amendments to 326 lAC 1-

3·4, Ambient Air Qualitv Standards that are proposed for adoption by the

board. This draft rule incorporates the federal lead standard into state rules.

For additional information concerning this rule contact Manda Clevenger at

the Indiana Department of Environmental ManagementbOffice of Air Quali~

tv, Room 1003, Indiana Government Center. North, 10 North Senate Ave·

nue, Indianapolis at (317) 232-8229 or (800) 451-6027 (ext. 2"8229)On Indiana), or mcleveng@ldem.in.gov.

Architectural and Industrial Maintenance \AIM) Coatings (LSA#06·604Y. The purpose of this' hearing is to receive pUb ic comment on a new rule, 326

lAC 8·14, concerning emIssions of volatlle qrganic compounds WOCs) from

architectural and industrial maintenance (AIM) coatings that is proposed for

preliminary adoption by the board.

The draft rule adds requirements for VOCs from AIM coatings as part of a re- gional effort to control ozone. The draft emission liinits,,-based on the Ozone

Transport Commission model rule, are at a level at whicn a substantial num· ber 0 coatings alreadY exist that comply with the vae content limits for

each product category. The draft rule contains additional vae content re~

Quirements and application standards for traffic marking coatings that will

be applicable during the ozone season (April 1 through sePtember 3Q). For additional information concerning this rule contact Amy Smith at the In~

diana Department of Environmental Management, Office of Air Quality, Room 1003, Indianj'l Government Center North, 100 North Senate Avenu~.

Indianapolis at (3D) 233~8628 or (800) 451"6027 (ext. 3"8628)(in IndIana). or asmith@ide'm.in.gov.

Consumer and Commercial Products (LSA#07·351). The purpose of this

hearing is to receive public comment on a new rule, 326 lAC 8-15. conCerning emIssions of volatile o~anic compounds from consumer and commercial

products that is proposed !,Or preliminary adop.tion by the Ix>ard.

The draft rule adds reqUIrements for volatIle on~.anic compounds (VOCs) from consumer and commercial products as part ot a regional effort to con~

trolozone. The draft rule, based 'lin the Ozone Transport Commission model

ruleJ establishes VOC content limIts for SPecific consumer and commercial

prouucts that manufacturers are required to meet either through reformUlating products or 'substitution with compliant products. For additional information concerning this rule contac Amy Smith at the Indiana Department of Environmental Management, Office of Air Quality, Room 1003. Indiana Government Center North. 100 North Senate Avenue,

Indianapolis at (317) 233~8628 or (800l 451"6027 (ext. 3-8628)(in Indiana), or asmith@idem.in.gov.
Outdoor H'{dronic Heaters (LSA#05·332l. The pUfP:O.se of this hearing is to

receive puolie comment on a new rule 326 lAC 4~3. concerning outdoor

hydron!c he$lters that iS8foRosed for preliminary adoption by the bOard. The

RUbl!c heating for the utdoor Hydrontc Heater rule will not begin before

6,QQp.m.

The draft role adds new requirements for outdoor hydronic heaters to address PM2.5 emissions. It adds new lanltuage to address emission limits for new units, operatinRJeCluirements for eXls\mg units. modifications for cer- tain existing units an notice requirements or sellers of tlie units.

For additional information concerning this rule contact Susan Bern at the iodiana Department of Environmental Management, Offlce of Air QUalitv.

Room 1003. Indiana Government Center North. 100 North Senate Avenue.

Indianapo!isat (317) 233-5697 or (BOO) 451~6027 (ext. 3-5697}{in Indiana). or sbem@idem.in,gov.

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

record, please submit statements in writing to the attendant designated to re· ceive written comments at the public, heanng. A transcript of the hearings and all written submissions to the board at the

,Public hejlrlngs shall ·be open to public inspection at tlie Indiana- Depart- ment of Environmental Management; copies may be made available to any

person upon payment of reproduc\ion <::05\S. Any person heard or represent~

l'l,d at 1M hearing or requesting notice shal be given written notice of the ac~ tlon a the board.

Christine Pedersen, Chief

RUle and State lmp!.e:mentation Plan Development Section

Office of Air Quality

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Individuals NQulrln,A: reasonable accommodations for participation in this

event should contact the Indiana, Department of Environmental Manage- ment. Americans with DIsabilities Act coordinator at:

Attn: ADA Coordinator

Indiana Department of Environmental Management 100 N. Senate Avenue

Indianapolis, fN 46204

or call (317) 233-178p. SpeeCh and hearinR impaired callers may contact

the agency via the Indiana Relay Service at 1~800~743~3333. Please pro- vide a minimum of 72 hours", notification, 4··24 812926

(

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Prescribed by State Board of Accounts

IDEM

General Form No. 99P (Rev. 2009A)

To: The Times Media Company

(Governmental Unit)

Lake County, Indiana 601-45th Avenue, Munster, IN 46321

PUBLISHER'S CLAIM

'1',;,

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the type in which the body of the

advertisement is set) -- number of equivalent lines

Head ,- number of lines .

!;lady -- number of lines _

Tail -- number of lines _

Total number of lines in notice _ ...........................

Size of type 7.0 point.

IE COMPUT~ION OF CHARGES /J.-5 d . .W... lines, ......L columns wide equals ....:.. equivalent lines at 35.4

cents per line .

Additional charges for notices containing rule or tabular work (50 per cent

of above amount) _

Charge for extra proofs of publication ($1.00 for each proof in excess oftNo) _

TOTAL AMOUNT OF CLAIM _

DATA FOR COMPUTING COST

Width of single column in picas 9p4

Number of insertions 1

't;}/l~ $ ..

$ :::3:.";;;;:73.::

+I tJo8hs-s-t

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same

has been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width and type size,

v;~iC~ .~as.dUIY ~UbiiShed.,n:;;;;/.OJ (1.) tI7.2.da{;~;9~tio~ .bein

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.as.foIIO~S: .

Additionally, the statement checked below is true and correct:

Title: Legal .Gierk

. Newspaper does not have a Web site.

.X. Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper.

Newspaper has a Web site, but due to technical problem or error, public notice was posted on

Newspaper has a Web site but refuses to post the public notice.

Kate Stephens.~~........

Date -4u//. 27......,.~(6
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The draft rule.,~.qd,~ (leVJ.~equir-e. ( ment$' for oilt,doql' hydrqn1q heaters

to 'address P,M'2.$.; ,er,nisstol)s. It

adds l1eW

emlssl9n':1

at!i,~"req~

n'iodificatl . .'"

units and.r\otlq(3 reCl, e,ments for

sellers of:.the::unlts'.'. .. rm~t!qn',~ol)cem·

raJ rial ce (AI J ;,q~~ings,

4)~ :T:he:,,:t>u~~~i:!:..:,this

riC:)\l{ rule, ~2.~ 'PiP: i3,"14, emission's 'of .vola1il~· or· !i'JaRlccomp6ul1(1$ ("fOCs) 1rom ar- bhitec~oratand':industrial maintenah'ce::(?,\tM.). ,sq~tin.gs tqat .i~J~r~~

pos.e... d.·.' ·f.O.'r pr:elim.'ln.ary adoption bY.tbe,ob-oard. '. TIi~L§!faft. rule adds requirel1JBnt~

for \t@Ps from AIM coatings as ,part

of a regicmaleffort to control. Ozone.

;The,;, tl,(~ft,,:eroi~ton:~ ljmits,)~,$.e,d. of) the'" dZbne::' ,Cqmmis$l<:ro,

model '

substa

reagy':" mply. with ttte:

VCl€:)c for each produot

cate§bry.1'tW d'raft t't,l.le cOr.ltaihs ad~

·dltio0911 vaG bont¢nt· requirements .... set'anQ:<,i:rds,'for traffic

-.that<-wl1lbeagpli-

(,~~~l~~~~~~ 341:,ason

In,f9rrna~iQn cohcem~

ingthis rule;~ont'ad,t Am.y .S[(lith af

Ahe lndiana:-DepartmentofEnvlron·

mental Management. 9ffice of Air

Qlj,allJy",..flg,9Jfl,l9Q:i},: \9dlan~.\G.oy~­

efifm<i:ot (J1jotot Nqrth, 1Q9.Nortn Sef.f~re"""Jtve:hue;"'Ih'diariapdfis' at

(317) 23$,~1;l,628,' o.r (80.0) 451-6027

(ext, 3~El62S) (io-: Indiana), or

a'it'd Cqr:n'me:rcial

1). Tfre:'Ptlris,10 ~e,ceive

ii, a new, r!:lle; $26

'fiifig emJ$$jbfis of

volatile pJgahic' compounds. from

consumer' a'rid cortJIT!\3rcial products

that is proP9.sed' for preliminary adoption,by-,llie, boa,rd;

The draft rule adds requi,rements

for- volatiIElQrQ,~,oic CWl1P9Unds

(V0Cs) fromoonsu~~r andcorhmerCial, products I1s-:part Of'8 re· gional effort· to control ozone, The

draft rule', based, on- the .Ozone

Transport O(jl'\lmi~si9n model rule,

establjshes VOCcontent. limits for

spec,iflc consumer'and ,co1J!roerclal

products'that'nYanufacturers:a:re,required'to me,\3t eith~rthr~l).gh- refor~

m.~!~tip~ proOl:l?t\'l;. Pf i>u~~.t!Mlq~ wlttt'(}qlllpli:<jq.1produpts, , ,<:" . For. ad~i.tt~~alinfOi'mationq9ncerri­ InQi;1!.1i-S!i,WU1i,?;; :. _. '.. , , '" at

tti~,rftQ,(&,M~,ep:1i(Wl¢.i'i~

mental. Mana: to

Quality, . .In

ernmenf, ,.Nq'rt. .', " rth

Senate, ' ",' 11'l'9iaryGipolis at

(317) 23. or, (BOO)451-60~7

(ext. ,3,8628 (in,;," lngja.ha), 'W.

aMfdh@jdAm jl'! gffi/,~,::,i <c,

(juMoor "tlydr()(lic",<'He'ateis (LSA#Q.S--a3,2)'. ':T6€ip.'uniqse,pI this

h~aring is to reQel"ep\.lbHq,CQm"

ment on a new rul.e, 326' lAC 4-3,

cbncernin~'Outdoor hydronicheat- ers thatis pr.opo~e~for'pr~limi~

nary adopti'on l;)y the b'9.~fq, Ti'le

pub1!c hearinq for-theQ:utdooJ. Hy- dronic Heaterrule'wiU, not begin before G:OO p'J1l.

THE TIMES MEDIA COMPANY, MUNSTER, IN

Le<:,d- National Ambient Air Qual~

lty $'(aI'Hfard (LSA #~,O,w1~7). T,he purpo'$$':'i:>f',thl$'h'earing, is to'ree,elve

pUblic':'CQmmEmt on amem~ments:, to ~26'''lAC 1"~,~4" Ambii:l!lt..Air Quality

\ S1andarQs that are IJr9PQ,li~d for

I

~doptIo_n- by the board. This draft

rule' ilicorppral.e.,s th.. e f~deral lead standard into state rules.

1

- For a.dqi~kiM!jnfor,ml:t!{m cqncem- 111'$1 this rule contact Manda ! Gl/ilvenger-at thelndi~l1a Departrrll=,lht,of'Environme!1!al Manage- i¥ie~t, OffiC,a' of AW'Qualily, Room 100!~' lnqiana ,Govefllrnent./,Center North 100' North Sen!lte"Avenue, r ' at (317) 229 or

,'27'(ex

OVir9Qt ,ern-of~

Michigan

46601.

nvironihwest Of:

sAvenLie,

I P.O. Box 128-~ . et~fsburg, Indiana

i 47567-0126,.

I

:.'lndiana. Depa.. rtrn.e.. nt;.o.f,.EnViron.- . mental f\(1aO,agement, ,~pu!he.a$t Of~

fice, 620NV~$f ,$W:¢l;!t§tr,~~t,. Brownstown Irt'diana'47a2'O~!il5b7. - 10.- ~.i~ttapoliS Cehti'at,Library, 40 E,'~st i 'Sf.t:pl~ir SUe.e:1r'1..najMa'poliS, Indiana

482'04:" "',

- HammoncJ, public Ubr"!-ry, 564

,~~~~11§i~~'~;f:'~;~~¥§~~T:rv;~?f~t;)!n~J~na 'i£1jY:Al'&ff-oOunW;:'PujjllG:~Ubrary;":900

UtJ,r~ry ,plaza",fort \N~¥ne",lnd.\an~ 46$02:·. .. . . .....

_Evansvilley~ngi3,rbytf:11J Ptlblic I"ibrary, ~pp $r;:'~iijff'}!At,~~r King Jr.

BII(d"E'vansvilfe; Indlao~,47713.

Board do,curi:lent~rri~y'Jl~,'-yi~,wed &~~j;::~:6,wn!Qa-q~a\jtom1,,::tl;iff)hig,j~na

[Je'panm'eril" "'of"" i5'rlvfrtmm'ental

s.ijEl. as,ea.rly as

the~ ,'rn~'~tio'g;al

fuJJa~"o;·,.,.L(nol!!::~~'·c'~~: for

heating,<in , Clctlori: .<:; 20Q'9. 'Updaf~" ot"R~f~relices to

th~. COd.El 'qr'.~~:~e,..)'.af.'~~'9U..lat.ion.~" (L~A #10-1'l'~J'."The PJlrpcJse oJ thiS

he9-'rin:gOis to r~W¥!\I(3' piJ~!tc c;:.9'In~ " 'menton atne.riQrrier1t~:'Jo 326 lAC

1'-1-3, 326 IAt;: 1-He, 326 lAC

19-2-1 and 326 lAC 20,28 that are proposed, fQr ~dopti9~T'. by the

Qoard. This qr?-ftrut~:~ updates the

"References t(t-th:e".Oq~iS of ,Federal

fJ.eg"M(ipns:' . t~ if\1e~n.: ,\1e- ~l,It~ 1,

2009 ed1tio,n, and updates. citations

toJlie,Fe:dera,1 are,in~'; ,';

,co~po

For

in9 .'

'CleVE!

ment

nb~: N

I

Le~~t,N~~j~e-Qf",t:'~,1l1W:,tte,~ting

$t'.102 'nolipe is

In.diana' Air

qard)..will

i, :,"regularly

I

ednesday,

J.~ne., . smeeting will con- .Vl'lne. p:m~ at 90lumbus Ea~t

Hltlh.. Aqqi.'O!lf;lm, 230, So,utn

Mart,. .0!u,n,04;s,, I~,d!an?i. The

j:AJ~po§:¢;j~,Je h'e'a:i1iig.sj~:t9:re­ c:¢ive p-pl;>!ic commegt$!,prlor to the Pf6~6sy~;~cli?ns. AU IOte~ested p~rsoos' are IOvlteci~nd W!1I be gIVen reasonable bpportunay, ~o express

their vie'/@ cor,lcemill9 me, proposed

actIons, The' public h~:'l!ing for the

Outdoc;r:/,Hydronic Heater rule will notbegin'be:fore:,,6:qQ,~P~m:'. ,.' . Copi<{(of t~,e '~i1:lft: ant1'pfdposed rU1eS8(@:' 'aVaUl:li:!I,? ,to".·arw,perso.n lIpon request --!'J;o:qN~re,:: <;lyall~ble for

ptlbltc,tff.$J;i:sctidn,a:t,-thefollowl.ryg 10- c:atlons,~.~~~" '" ... :,: .," - 1~~.l~M D~p.~ft~~nt qt-l;~pvir9~c" me'Ht'iit~'Man'agsment, OffIce' of Air

Quality, Indiana Governmenl Ceritet;'North~ 100if':\l.brth'$i~nale Avenue, ~O.th noot~JEast dian~

apolis,-Indlana 46204
A

T

T

A

C

H

Prescribed by State Board of Accounts

(Governmental Unit)

CLARK County, Indiana

fo:

THE EVENING NEWS

221 SPRING STREET

JEFFERSONVILLE, IN 47130

PUBLISHER'S CLAIM

General Form No. 99P (Rev. 2009A)

Additionally, the statement checked below is tr~e and correct

$ lOo..;),.?

Size of type ..7....point.

Newspaper does not have a Web site.

Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper.

Newspaper has a Web site, but due to technical problem or error, pUblic notice was posted on .

Newpaper has a Web site but refuses to post the public notice.

~~lfU/.. Legal Clerk 0

z

Pursuant to the provisions and penalties of Ie 5M11-1 OM 1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same

has been paid.

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid Jines of the type in which the body of the

advertisement is set) -~ number of equivalent lines

Head -- number of lines . . . . _

Body -- number of llnes _

Tail -- humber of lines _

Total number of Jines in notice _

DATA FOR COMPUTING COST

Width of single column in ijicas .

Number of insertions }. .

I also certify that the printed matter attached hereto is a true copy, of the same colunm width and type size,

~~ich~a~ .dUIY.~U~'i~he~ .iA;:J....~k; ..J;iQ ~he dat~s~f.publication.being.~s.f".IIOWS.

COMPUTATION OF CHARGES . .. 3 (j ;;; ;;J.. J..7-3.. hnes, ./. columns wide equal,,;),9,] equivalent lines at . cents per line _

Additional charges for notices containing rule or tabular work (50 per cent of above amount) _

Charge for extra proofs of publication ($1.00 for each proof in excess of two) _

TOTAL AMOUNT OF CLAIM

H

E

R

E

o

F

c

o

p

y

A

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V

E

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N

T
CLARK COUNTY EVENING NEWS, JEFFERSONVILLE, IN

LEGAL NOTICE of Public

Hearing

.Under 40 CFA 51.102 notice is hereby given that the

Indiana Air Pollution Control

Board (board) will hold pUblic hearings at its regularly

scheduled meeting on

wednesday, June 2, 2010.

The meeting will convene at

4:00 p.m. al Columbus East

High School, Auditorium,

230 South Marr Road, Columbus, Indiana. The purpose of the. hearings is to

receive pUblic comments

prior to the proposed actions. All interested persons are invited and wlJl be given

reasonable opportunity to

express their views can· cerning the proposed actions. The public hearing

for the Outdoor Hydronic

Heater rule will not begin

before 6:00 p.m.

.Copies of the draft and

proposed rules are availa~

ble IQ ,~I1Y person upon re- quest and are available for

public inspection at the following locations:

..Indiana Department of Environmental Management,

Office of Air Quality, Indiana Government Center·

North, 100 North Senate

Avenue, 10th floor-East

wing,lndianapolis, Indiana

46204.

_Legislative Services Agency, One ,North Capitol Avenue, Suite 325, Indianapolis, Indiana 46204.

.Indiana Department of Environmental

Management, Northwest

Office, 8380 Louisiana

Street, Merrillville, Indiana

46410

_ .Indiana Depart·

ment of Environmental

Management, Northerh Of·

fice, Suite 450, 300 N,

Michigan Street, South

Bend, Indiana 46601.

_ .Indiana Department of Environmental

Management, Southwest

Olfice, 1120 North Vincennes Avenue, P.O. Box

128, Petersburg, Indiana

47567-0128.

_ .Indiana Department of Environmental

Management, Southeast

Office, 820 West Sweet

Street, Brownstown, Indiana 47220-9557,

_ _ Indianapolis

Central Library, 40 East SI.

Clair Street, Indianapolis,

Indiana 46204.

_ .Hammond Pub·

lie Library, 564 State Street,

Hammond, Indiana 46320.

_Allen County

Public Library, 900 Library

Plaza, Fort Wayne, Indiana

46802.

_Evansville Vanderburgh Public Library,

200 SE Martin Luther King

Jr. Blvd" Evansville. lndiana47713.

_Board documents may be

viewed and downloaded

from the Indiana Department of Environmental

Management's Web site as

early as one week prior to

the meeting at

....J.illp·!Iwww in.gQvijdem/47

1QJl!m.

•.The following rules are noticed for hearing and action:

_2009 Update -of "References to the Code of Federal

Regulations" (LSA #10-

112). The purpose of this

hearing is to receive pubHc

comment on' amendments

to 326 lAC 1-1-3, 326 lAC

1-2-48, 326 lAC 19·2·1 and

326 lAC 20-28 that are proposed for adoption by the

board, This draft rule updates the "References to

the Code of Federal Regulations" to mean the July 1,

2009 edition, and updates

citations to the Federal

Register that are incorporated by reference,

_ _For additional

information concerning this

rule contact Manda Clevenger at the Indiana Department of Environmental

Management, Office of Air

Quality, Room 1003, Indiana Government Center

North, 100 North Senate

Avenue. Indianapolis at

(317) 232-8229 or (800)

451-6027 (ext. 2·8229)(in

Indiana), or

mCleveog@ideminaov.

_Lead National Ambient Air

Quality Standard (LSA #10-

127). The purpose of this

hearing is to receive pubHc

comment on amendments

to 326 lAC 1-3-4, Ambient

Air Quality Standards that

are proposed for adoption

by the board. This draft

rule incorporates the feder~

a! lead standard into state

rules.

.For additional

information concerning this

rule contact Manda Clevenger at the Indiana Department of Environmental

Management, Office of Air

Quality, Room 1003, Indiana Government Center

North, 100 North Senate

Avenue, Indianapolis at

(317) 232-8229 or (800)

451·6027 (ext. 2-8229)(in

Indiana), or

mcleve[1g@idem.in gov.

_Architectural and Industrial Maintenance (AIM)

Coatings (LSA#06-604).

The purpose of this hearing

is to receive public com·

ment on a new rule, 326

lAC 8-14, concerning emissions of volatile organic

compounds (VOCs) from

architectural and industrial

maintenance (AIM) coatings that is proposed for

preliminary auoptiun by the

board. .

Jhe draft rule

adds requirements for

VOCs from AIM coatings as

part of a regional effort to

control ozone. The draft

emission limits, based on

the Ozone Transport Commission modei rUle, are at a

level at which a substantial

number of coatings already

exist that comply with the

VOC content limits for each

product category. The draft

rule contains additional

VOC content requirements

and application standards

for traffiC marking coatings

that will be applicable during the ozone season (April

1 through September 30).

_ _For additional

information concerninQ. this

rule contact Amy Smith at

the Indiana Department of

Environmental Manage- mAnt ()ffiC'.Q.oJ.,Ai~..cW4litv

Room 1003, Indiana Government Center North, 100

North Senate Avenue, Indianapolis at (317) 233-8628

or (800) 451-6027 {ext. 3-

8628 (in Indiana), or M:

I ~-m'·n,.

~Consumer and Commercial Products (LSA#07-

351). The purpose of this

hearing is to receive public

comment on a new rule,

326 lAC 8-15, concerning

emissions of volatile organic compOunds from 0001-

sumer and commercial

products that is proposed

for preliminary adoptIOn by

the board.

The draft rule

adds requirements for volatile organic compounds

(VOCs) from consumer and

commercial products as

part of a regional effort to

control ozone. The draft

rule, based on the Ozone

Transport Commission

model rule, establishes

VOC content limits for spe"

cific consumer and commercial products that manufacturers are required to

meet either through reformulating products or substitution with compliant products.

For additional

lnformation-concerning this

rule contact Amy Smith at

the Indiana Department of'

Environmental Management, Office of Air Quality,

Room 1003, Indiana Government Center North, 100

North Senate Avenue, Indianapolis at (317) 233-8628

or (800) 451-6027 (ext. 3-

8628 (in Indiana), or ~:

mith !d mi .

_Outdoor Hydronic Heaters (LSA#05-332). The

purpose of this hearing is to

receive public comment on

a new rule, 326 lAC 4~3,

concerning outdoor hydronic heaters that is proposed

for preliminary adoption by

the board. The pUblic hearing for the Outdoor Hydronic Heater rule will not begin

before 6:00 p.m.

_ ~The draft rule

adds new requirements for

outdoor hydronic heaters to

address PM2.5 emissions.

It adds new language to address emission limits for

new units, operating' requirements for existing

units, modifications for certain existing units and notice requirements for seUers

of the units.

_For additional

information concerning this

rule contact Susan Bern at

the Indiana Department of

Environmental Mana~e.

ment, Office of Air Quality,

Room 1003, Indiana Government Center North, 100

North Senate Avenue, Indianapolis at (317) 233-5697

or (800) 451-6027 (ext 3-

5697)(in Indiana), or sbem@idem in gov.

_For these hearings, oral statements will be

heard, but for the accuracy

of the record, please submit

statements io- writing to the

attendant. deSignated to receive wfitt:err -Comments at

the public hearing.

_' ....'A transcript of

the heari®s aM ::Ill writt"'n

submissions to the board at

the public hearings shall be

open to public inspection at

the Indiana Department of

EnVironmental Management; copies may be made

available to any person

upon payment of reproduction costs. Any person

heard or represen!ed at ~he

hearing or requestmg notice

shall be given written notice

of the action of the boarq,

Christine, Pedersen, Chief

-Rule and State Implementation Plan Development

Section

Office of Air Quality -.H H • ..••..• ..

Individuals requiring reasonable accommodations

for participation in this

event should contact the Indiana Department of Environmental Management,

Americans with Disabilities

Act coordinator at

Altn: ADA Coordinator

-Indiana Department of Environmental Management

100 N, Senate Avenue

-Indianapolis, IN 46204

-=-or call (317) 23~-17~5.

Speech and heanng Impaired callers may contact

the agency via the Indiana

Relay Service at 1-800-

743-3333. Please provide

minimum of 72 hours= notification.

(

(

(
Prescribed by State Board of Accounts 80315-5641153 General Fonn No. 99P (Rev. 2009A)

IND DEPT ENVIRONMENTAL MGMT

MARION COUNTY, INDIANA

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145

PUBLISHER'S CLAIM

LINE COUNT

Display Matter - (Must not exceed two actual lines, neither ofwhich shall

total more than four solid lines ofthe type in which the body ofthe

advertisement is set). - munber of equivalent lines

Head - Number of lines

Body - Number oflines

Tail-Numberoflines

Total number of lines in notice

Pursuant to the provisions and penalties oflC 5-11-10-1, I hereby certifY that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part ofthe same

has been paid.

COMPUTATION OF CHARGES

167.0 lines 2.0 columns wide equals 334.0 equivalent lines at .446

cents per line

Additional charge for notices containing rule and fignre work (50 per cent

of above amount)

Charges for extra proofs of publication ($1.00 for each proofin excess oftwo)

TOTAL AMOUNT OF CLAIM

DATA FOR COMPUTING COST

Width ofsingle column 5.8 ems

Number ofinsertions --.LQ

Size oftype 1

$.__-",14",8"".9.><6

.00

$,__-,1""48"".9,,,,6

I also certifY that the printed matter attached hereto is a true copy, ofthe same column width and type size,

which was duly published in said paper I times. The dates of publication being between the dates of:

04/29/2010 and 04/29/2010

Additionally, the statement checked below is true and correct:

Newspaper does not have a Web site.

r Newspaper has a Web site and this public notice was posted on the same day as it was published in

the newspaper

Newspaper has a Web site, but due to a technical problem or error, public notice was posted on _

_ Newspaper has a Web site but refuses to post the public notice.

DATE: 04/29/20 I0 Title: Clerk
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN

(

"PO' reptegIVen

~!istiilersIi,~ilef-SJlil, Chief: ,'Co,: , ;""O!land®rrhillemei1mtiiln PlanOeV~!~ment Sectioo Ice (I Air Quality

IndjvidualS,requiring reasonable "\COmmQdations for partiei- Ilati.on!ll thIs event should contact he Indi~.oaDePil!:lment of EnVironmental Management, Amenca,liS With D1sabihtles Act coordinator al: ' ', " ' ' .

MIi' AOA C',!!di"i" fR9;~:~~?Psf1~!g~8::E~~!r~n~~!al' Me~eze~e~t

or Ca!l~31~ ~3-178S. S,Pllech and,hearilll jlllP.~·red callers a'1 JQ tile t agency Vip :the Ipdlana Rlav ",ice at l· _0-74;·33 3. lease provIde aminimum () 72 urs= Mtj· IcallOn.

tS" 4/29110- 56411')3)

For these h~arin!is:oral stat~m~nls Win.lletle~'~d;bUIIQrthe accuracy of the'.t.:e'cQrq, p.leaje subf\)it sfateqlE!llt'S in wrillOi to lhebaltenda.".,'deslgnated tn,ecews WFltt,,ell comments <i the PU llic hea,rrng. '-> :'-'; Mrgns~r' " . " .

Le!Jal Notice of Puhlic Healing 's

(
Prescribed by State Board of Accounts

___.J<1~1..6 Indiana Dept of Environmental Mgmt

(Governmental Unit)

To

~,\ 0

Genera! Form No. 99P (Rev. 2009A)

EVANSVILLE COURIER & PRESS

VANDERBURGH County, Indiana PO Box 268, Evansville, IN 47702

PUBLISHER'S CLAIM

LINE COUNT

Display Master (Must not exceed two actual lines, neither of which shall

total more than four solid lines of the type in which the body of the

advertisement is set) - number of equivalent lines 486

Head -- number of lines 0

Body -- number of lines 486

Tail-- number of lines 0

Total number of lines in notice 486

-:$'--_--'1"-'07.70 .

ATTACH

COPY OF

CLIPPING

HERE

COMPUTATION OF CHARGES

243 lines, 2 columns wide equals 486 equivalenllines at

cents per line

Additional charges for notices containing rule or tabular work (50 per cent

of above amount)

Charge for extra proofs of publication ($1.00 for each proof in excess

of two)

TOTAL AMOUNT OF CLAIM

0.2216

$ 107,70

DATA FOR COMPUTING COST

Width of single column in picas

Number of insertions 1

5p8 Size oftype 7__point

Pursuant to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same

has been paid.

I also certify that the printed matter attached hereto is a true copy, of the same column width and type size,

which was duly published in said paper 1 times. The dates of pUblication being as follows:

April 30, 2010

------~---_._._----

Additionally, the statement checked below is true and correct:

Newspaper does not have a Web site.

-~X;--Newspaper has a Web site and this public notice was posted on the same day as it was published

_____ in the newspaper.

____Newspaper has a Web site, but due to technical problem or error, public notice was posted on __ ....

Newspaper has a Web site but refuses to post the public notice.

Date Title Accounting Clerk

ATTACH COPY

OF ADVERTISEMENT

HERE
EVANSVILLE COURIEr::; AND PRESS, EVANSVILLE, IN

~r?

LEGAL None 'F l'UBll WEAfill\lG

Under 40 CFR 51.102 notice is herebYWiVen that the Indij1na

Air Pollution Control Board (boat.dl wi "·hgJd pq....bbUlle hearmgs at its regularly scheduled m~eting on , eqnes'tib)\. June Z,

2010. The meeting will conven~ at 4:9,~ p;r.o. arColumbu$ ~st

High School, AudItorium, 230 South /VlSrr Road, Columbus, In·

diana. The purpose of the hearings is to receive pubric com- ments orior to theorooosed ~ction$< AU interested perSQ!;ls

are invited and will be'given reasonable opportunity to ex· press their views concerning the proposed actions. The pub;

lic hearing for the Outdoor Hydroilic lieater rule will not beglO before 6:00 p.m,

Copies of the draft and proposed rules are availableto any

person upon request and are available for public inspectioQ at

the following locations:

Indiana Department of ~nvir9nmentalManag:ement, Offic;e of Air Quality, Indiana GQvernmentCenter-North, 100 N,brthiSen·

ate Avenue, 10th floor-East,¥Jng, Indianapolis, IndiaRa 4&20AJ.

Legislative service.s AgenCYt:O'ne'North'Cspftol Avenue; Suite

325, Ine;Oanapolis, Indiana 4f.?4Q4.' . - , In,dianli Department of Environmenta' Management, NOJt,h·

west Office, 8380 Lou.isiana:Str~et, Merrillville,lndians'46'410,

Indiana Department of EnvIronmental Management, Northern

Offic.e, Suite 450, 300 N. Michtgan, Street, South Bend. Indiana

466Qt, , . Indiana Department of Envj(¢nm~ntalManagement, Sooth·

west Office, 1120 North Vincennes Avenue, P,O. Box 128, 'Pe~

t~'rsbti-rg, Indiana 41567-0128.

ltu:I1'ilna Department of Environmenta'i Management, South~

easfOfflce, 820 West Sweet Street, Brownstown, Indiana . 4122<)-9557, . Inai,anapolis CentraJ Library, 40 East 8t. Clair Street, Indiarfapolis, India'na 46204.

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

Allen County Public Library,Jl.QO Library Plaza, Fort Wayne,lndiana 46802.

Evansville Vanderburgh Public Ubra,ry, 200 SE Martin Luther

King Jr. Blvd., EvansviUe; lol:!l~Qa 47713.

Board documents may be v,i$..wed;'~nd,d:ownloaded from:t.!;le

Indiana Department of ~nv.fr:~ijlJls:ntat;~~'lagfi!ment'sWe.P

site as early as one.week pnor to the meetlOg at

http://www.in.govlidern/4710.htm.

The following rules are notic'erlfot hearing and action: ~009, Update of "References to the Code.of FEt~~£il. Regula· . tlons" (LSA #10·112). The purpos8;·of.!thls"hearln IS to receive

public comment on amendments to 326 lAC 1-1· ,3261AC 1·

2·48,3'26 lAC 19-2·1 and 326'IAC 20·28 that are proposed for

aXi'o/iltien by the board. This, draftru(e updates the "Aef~r;-,

enCeS t9 the Cod,s of Federal Regulations" to mean the July 1,

2009'edltion. and updates citations to i.he Federal Register that are incorporated by reference;, .. For additional infoi'mation l;,Gp'eerning. this rul~ contact Manda CI'evenger at the Indiana;S'liJR<!ft:ment of E'nVlfonmentai

Management, Offlce of AirSiu;.:tIlWI, Ro.om 1Q03. Indiana

Government Center North U)O;North Senate Avenue, In·

diaRapolis at (317i 232.822·9~Of:(80'.Ol4»1-6027 (ext. 2·8229)(in

Indiana), or mcleveng@idem,in.gov.

lead National Ambient Air Quality Standard (LSA #10-127).

The purpose of this, hearing is to receive public comment on amendments to 326 lAC 1-3·4, Ambient Air Quality Standards

that are. proposed for adoption by the board. This draft rule

incorporates the federal lead stand~rd intp state rules,

For additional information concernmg thiS rule contact Manda Clevenger at the Indiana Department 0f Environ01ental

Management. Office of Air Quality, Room 1003, Indiana

Government Center North" tOo North Senate Avenue, In· . dianapoJis at (317) 232-8229 or (800i 45HlO27 (ext. 2·8229)(LO

Indianal, or mcleveng@idem,in,gov,

Architectural and Industrial Maintenance ('AIMi Coatings . (lSAn.q6·604), The purpos~ of thi~ hearing is to receiv~ p,ubhc

comment on a new rule, 326 lAC 8-14 concerning emiSSIOns

of volatile organic compounds (VOCslfrom. archltectural and

industrial maintenance (AIM) <I,oatings,that IS proposed for

prelimfnar,y I'ldOPtion by the b.oard~ '. '. " The draft rule adds require.ments for VOCs from AIM coa!mgs as part of a regional effort to control Qzone, The ?r~ft erms- sipn limits, based on the Ozone Transp'ort Commlsslon t'!l0del

rule are at a level at which a substantial number of coatmgs

akeadY exist that comply with the voe content-limits fM each

product category, The draft rule contains additional vae con· tent requirements and application standards for traffic mark·

ing coatings that will be applicable during the alone seaSon

(April 1 through September 30).

Fot ~.dditiollal information concerning this rule contact Amy Smith at the f:ndial1.a Department of Environmental Manage·

ment, Office of Af.r Q4ahty, F!oom 1003, Ind.,i~na Go~ernment

Center North, 100 North SenatE! Avenue, Indianapolis at

(317)233·8628 or (BOO) 451-6027 (ext. 3·8628i\in Indiana), or asmith@idem,in,gov.

Consumer and Commercial Products (LSAn07·351). The pur~

pose ofthis hearing is to receive''Public comment on a new rule, 326 lAC 8·15, concerning emissions of volatile organic

compounds from consumer and c6ml1Jercial products,tllat is

proposed for preliminary adoption bylhe board.

The draft rule adds requirem.ents for volatile organic com· pounds (VOCs) from consumer and commercial products as partof a regional effo,rtto control.ozone..T!'te ~raft ru.l~! J;lased on the O;i;one Transport COmmlS/:iIOn mOUEl! rUle,est8ollsnes

•.YOC content limits .fqr Sl'!~pl(lp qgn$",..qle..r and comO)ercial b'i"oducts that manufacuHefs,are 're-i.1IU!I;OO to meet etther

;through reformulating products or SU~$tjtutionwith €ompliant

products.' . For.qd'di'tionaf inforrl:\Siffon concer . rU.le contact Amy •.§Unitnat the Indiana.a,'epa ment~1 Manage~

'~""ent, Office of Air Qualtt na G"overnment

enter North, 100 NoJ::th: na .olis at ~.17J 2.33.8628.()r (8.Q,Ol Hin-Fndianal, or :c!Sffilth@idelll.m.gctv.,,',, '

butdoor Hydronlc He:~t .'The pl,lfm . hearing. is tCl•r'l3Q@i ~.(IO~· new: It!:!l\?

4.3, cancern'lOg 0l.lsmers1.h . preliminaryaclbptr ,{.;~rih:e,PlJbhch a .. Out,Poar Hydronic He'aterrol~,.wmnotbegin before 6:' 0 liMn,

The draft rule adds o~w'reqWl1em.en$ for outdoor hrd.tdt'lllr ;~~:,

heater$ to address P!%2,.5¢missiiaos. It adds new langua'ge t~

address ~mission Ifmits:{or h~w \loits, operatin~requirements

f6r existing un.its, modifk:atians fO'tcertain existing units ahd

nQtice requirements for sellers ofthe units.

For additIonal infonriation"cancerninQ this rule contact Susan

Bem at the Indial}a Dep~rtment dNi:mmonqtentaf Manage~ ' 'rnent, Office of Au: Quallty, Rpom 1003, Indl~na Gov,ernment

Center North, tOO North Senate Avenue, IndIanapolis at

(317) 233,·5697 or (800) 45h6Q27·text. 3-6697)(in Indiana), or sbe91@idem,in.gov•.

For these hearings, dtal'~rtIferriehts'wlll he heard,. b(;,lt ~~r t~. accuracy of the-record, pfease"submlt statements In wntlng to

the attendant designated to receive written comments at the

p-t1bHc hearing. '. . A transcript of the hearings andall,written subml~si.onsto ~he

board at the public hearinga shall: be open to publiC fOspectlon ;~t the Indiana D.epartnre' )ronmental Management; ~d\:>ies may be made 'aN n upon payment of

:reproduction costs. repre,sented ~t the

'hearing or req,tlestin ~hat· be gwen wntten notIce of

the action of the boar;, , Christine Peder,sen"C'hfef· ,',

Rute and State Impl.ementa.tionf?la,n,Oevelopment Se'(..:tion Office of Air Quality

Individuals requiring reasonable a,ocommodations for Rartjcl~

pation in. this event should- contaet ;he IRdj~na qepa,rtrytent eM

Environmental Management, Americans With Dlsabll,ltles'Act

c;oordinator at:

Attn: ADA Coordinator

Indiana Department of EnvironmentalJl'ylanagement

100 N. Senate Avenue I

Indianapolis, IN 46204

O( call (.317) 233-1785. Speech and heaririQ impaired qallets

roay contact the agency via the lndtana Relay Servicl3< at t·800~

143~3333. Please provide a ~l!limum of 72 hours notification,

(Courier & press April 3Q, 2Q1:,f)'f

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,

BEFORE THE STATE OF INDIANA

AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF JUNE 2, 2010

ORIGINAL

PROCEEDINGS

before the Indiana Air Pollution Control Board,

Dr. James Miner, Chairman, taken before me,

Lindy L. Meyer, Jr., a Notary Public in and for

the State of Indiana, County of Shelby, at

Columbus East High School Auditorium, 230 South

Marr Road, Columbus, Indiana, on Wednesday,

June 2, 2010 at 4:13 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
1 APPEARANCES:

2 BOARD MEMBERS;

Dr. James Miner, M.D.

3 Thomas Anderson

Randy Staley

4 Gregory Kissel

Chris Horn

5 Dr. Phil Stevens

Jeffery Quyle

6 David Benshoof

Howard W. Cundiff, Proxy, State Board of

7 Health

John Bacone, Proxy, Department of

8 Natural Resources

Pamela Fisher, Proxy, Indiana Economic

9 Development Corporation

10

IDEM STAFF MEMBERS;

11 Thomas W. Easterly, IDEM Commissioner

Keith Baugues, Asst. Commissioner

12 Scott Deloney

Chris Pedersen

13 Manda Clevenger

Amy Smith

14 Cynthia Holladay

Susan Bern

15 Ann Long

Catherine Mitchell

16

17 PUBLIC SPEAKERS;

Paul Berebitsky

18 David C. Ragan

Mark Kessler

19 Jimmy W. Bates

Frank L. Moore

20 Patty Nocek

Ron Phillips

21 Deborah Chubb

Paul Hoopengarner

22 Mark Johns

Tom Moosbrugger

23 Greg Walker

2

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1 PUBLIC SPEAKERS (CONT.)

Lisa Deaton

2 Jerry Clark

Roy Burton

3 David Miller (his wife)

Jodi Perras

4 Roger Hunter

Janet Gunter

5 Edwin A. Moll

Diane Titus

6 Dan Hasty

Blaine Boyland

7 Dan West

Zach Morris

8 Gary Kendrick

Brian Hoagland

9 Steve Musgrave

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aye.

Dr. Phil Stevens?

DR. STEVENS: Yes.

MR. ANDERSON: Dr. Stevens votes yes.

Mr. John Bacone?

MR. BACONE: Yes.

MR. ANDERSON: Mr. Bacone votes yes.

Aye -- Mr. Quyle votes

Aye.

MR. ANDERSON:

1 MR. QUYLE:

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10 And I also vote yes, and it passes unanimously.

11 We'll move to item D.2. (a). This is a

12 public hearing before the Air pollution control

13 Board of the State of Indiana regarding adoption

14 of amendments to Rules 326 lAC 1-1-3,

15 326 lAC 1-2-48, 326 lAC 19-2-1 and 326 lAC 20-28,

16 2009 CFR Update, LSA No. 10-112.

17 I will now introduce Exhibit 2, the draft

18 rule, into the record of the hearing.

19 Is there anyone from the Department who

20 would like to comment on thi~ rule?

21

22 Clevenger.

23

MR. DELONEY:

MS. CLEVENGER:

Once again, Manda

Once again, my name
28

1 is Manda Clevenger. I'm a rule writer with OAQ.

2 In this rulemaking, IDEM proposes to amend

3 the general provision at 326 lAC 1-1-3 in order

4 to update the references to the Code of Federal

5 Regulations, known as the CFR, to mean the 2009

6 edition. This amendment updates the yearly

7 edition of the CFR that is applicable to rules

8 incorporated by reference throughout Title 326 of

9 the Indiana Administrative Code, unless a

10 different edition is specified in a given rule.

11 The 2009 edition of the CFR is a

12 codification of the general and permanent rules

13 published in the Federal Register as of

14 June 30th, 2009. IDEM incorporates citations by

15 reference from Title 29 and 40 of CFR.

16 The latest version of the CFR adopted by

17 the Air pollution Control Board is dated

18 July 1st, 2008. Since that date, there have been

19 a number of new federal rules published in the

20 Federal Register that have been incorporated by

21 reference in the state rule. By annually

22 updating the reference to the CFR, IDEM is able

23 to incorporate by reference the latest version of
29

1 the parts of the CFR already incorporated into

2 the air rules, with the exception of those most

3 recently published in the Federal Register.

4 Also in this rulemaking, IDEM proposes to

5 amend 326 lAC 1-2-48, 326 lAC 19-2~1, and

6 326 lAC 20-28 to update outdated citations to the

7 federal standards that are incorporated by

8 reference to ensure that the rules are consistent

9 with current federal regulations.

10 (Dr. Miner arrived.)

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requests that the Board adopt amendments to 326

lAC 1-1-3 to update the references to the CFR to

the 2009 edition and the amendments to 326 lAC

1-2-48, 326 lAC 19-2-1, and 326 lAC 20-28 to

update citations to federal standards that are

incorporated by reference.

You'll have to excuse my tardiness.

I'm Jim Miner, representing

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MS. CLEVENGER:

CHAIRMAN MINER:

just got here.

The Department

Thanks, Manda.

I

21 medical.

22 I have no speaker's cards in regards to

23 this particular amendment to the rules. Is there
30

1 anyone in the audience who wishes to speak to

2 this rule?

Manda?

(NO response.)

motion for adoption of the draft rule.

MR. BENSHOOF: So moved.

(NO response.)

CHAIRMAN MINER: Any questions for

I have a motion from

I would entertain a

Seeing none, this

I'll call the vote.

CHAIRMAN MINER: A second from

CHAIRMAN MINER:

CHAIRMAN MINER:

Anderson.

hearing is now concluded. We are ready for Board

action on adoption of amendments to

Rule 326 lAC 1-1-3, 326 lAC 1-2-48,

326 lAC 19-2-1 and 326 lAC 20-28, 2009 CFR

Updates.

Are there any questions from the Board in

regards to this particular proposed rule?

(No response.)

CHAIRMAN MINER:

Mr. Benshoof.

MR. ANDERSON: Second.

Mr.

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1 Mr. Benshoof?

2 MR. BENSHOOF: Yes.

3 CHAIRMAN MINER: Mr. Benshoof votes

4 yes.

5 Mr. Cundiff?

6 MR. CUNDIFF: Aye.

7 CHAIRMAN MINER: Mr. Cundiff votes

8 yes.

9 Ms. Fisher?

10 MS. FISHER: Aye.

11 CHAIRMAN MINER: Ms. Fisher votes

12 yes. (

13 Mr. Horn?

14 MR. HORN: Yes.

15 CHAIRMAN MINER: Mr. Horn votes yes.

16 Mr. Kissel?

17 MR. KISSEL: Yes.

Kissel .

18 CHAIRMAN MINER: Mr. votes

19 yes.

20 Mr. Seitz?

21 COMM. EASTERLY: He's not here.

22 CHAIRMAN MINER: Not here; excuse me.

23 Mr. Staley?
32

unanimous.

aye.

aye.

Mr. Anderson?

The decision is

MR. ANDERSON: Aye.

CHAIRMAN MINER: Mr. Anderson votes

DR. STEVENS: Aye.

CHAIRMAN MINER: Votes yes.

Mr. Bacone?

MR. BACONE: Aye.

CHAIRMAN MINER: Mr. Bacone votes

MR. STALEY: Aye.

CHAIRMAN MINER: Mr. Staley votes

Mr. Quyle?

MR. QUYLE: Aye.

CHAIRMAN MINER: Mr. Quyle votes aye.

Mr. Stevens.

yes. I vote yes as well.

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19 The next item on the agenda is a public

20 hearing before the Air Pollution Control Board of

21 the State of Indiana regarding adoption of

22 amendments 326 lAC 1-3-4, Lead National Ambient

23 Air Quality Standards.
1

2

CERTIFICATE

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

184

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3 Court Reporter and Notary Public residing in the

4 City of Shelbyville, Shelby County, Indiana, do

5 hereby certify that the foregoing is a true and

6 correct transcript of the proceedings taken by me

7 on Wednesday, June 2, 2010 in this matter and

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transcribed by me.

vJ'J y:J 1

(J!~~1 01, )iA/JUt fl,

'd·J fc;; Lln y b< Meyer, Jr.,

Notary Public in and

for the State of Indiana.

15 My Commission expires October 27, 2016.

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EXHIBIT -2

Dnn #10-112

2009 Update to References to the CFR

June 2, 2010

TITLE 326 AIR POLLUTION CONTROL BOARD

DRAFT RULE

LSA Document #10-112

DIGEST

Amends 326 lAC 1-1-3 concerning an update to references to the CFR to mean the 2009 edition

and amends 326 lAC 1-2-48,326 lAC 19-2-1, and 326 lAC 20-28 to update citations to federal

standards that are incorporated by reference. Effective 30 days after filing with the Publisher.

HISTORY

Section 8 Notice: March 3, 2010, Indiana Register (DIN: 201 00303-IR326100112FDA).

Notice of First Hearing: March 3, 2010, Indiana Register (DIN: 20100303-IR3261001l2PHA).

Change in Notice of Hearing: May 5, 2010, Indiana Register (DIN: 20100505-IR326100112CHA).

Date of First Hearing: June 2, 2010.

326 lAC 1-1-3

326 lAC 1-2-48

326 lAC 19-2-1

326 lAC 20-28

DRAFT RULE

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

326 lAC 1-1-3 References to the Code of Federal Regulations

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

Affected: IC 13-15; IC 13-17

Sec. 3. Unless otherwise indicated, any reference to a provision ofthe Code of Federal

Regulations (CFR) shall mean the July 1, 2009, edition*.

*This body of documents 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 ofAir Quality, Indiana Government Center NOlth, Tenth Floor, 100 North Senate

Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 3261AC 1-1-3; filed Mar

10, 1988, 1;20 p.m.; II IR 2369; filed Jan 6, 1989, 3;30 p.m.; I2IR II02; filed Dec 14, 1989,
Dnn #10-112

2009 Update to References to the CFR

June 2, 2010

9:35a.m.: l31R868;jiledAug9,1991,ll:00a.m.: 14IR2218;jiledMay25,1994,ll:00a.m.:

17 JR 2237; filed Ju125, 1995. 5:00 p.m.: 18 IR 3381; filed Jul 25, 1997, 4:00 p.m.: 20 II? 3298;

jiled Oct 30, 2000, 2: 13 p.m.: 241R 667; jiled May 21, 2002, 10:20 a.m.: 25 IR 3054;jiled Aug

26, 2004, 11:30 a.m.: 28lR 17; jiled Oct 14, 2005, 10:00 a.m.: 29lR 795; jiled Mar 17, 2006,

1:00 pm.: 29lR 2517;jiledApr 26, 2007, 9:38 a.m.: 20070523-IR-326060412FRA;jiled Apr 1,

2008, 9:59 a.m.:20080430-IR-326070373FRA;jiled Jull, 2009, 3:12 p.m.: 20090729-IR326080901FRA)

SECTION 2. 326 lAC 1-2-48 IS AMENDED TO READ AS FOLLOWS:

326 lAC 1-2-48 "Nonphotochemically reactive hydrocarbons" or "negligibly

photochemically reactive compounds" defined

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

Affected: IC 13-17-3-14

Sec. 48. (a) "Nonphotochemically reactive hydrocarbons" or "negligibly photochemically

reactive compounds" refers to the list of organic compounds that have been determined to have

negligible photochemical reactivity and are thereby excluded from the definition of volatile

organic compounds (VOC) as follows:

(1) 40 CFR 5LlOO(s)(I)*. as ame-OOetl at -14HU4J+, January;u, 2009*.

(2) 40 CFR 5LlOO(s)(5)".

(3) 40 CFR 5LlOO(s)(2)*, as measured by 326 lAC 8-1-4 and approved by the

commissioner, subject to conditions under 40 CFR 5LlOO(s)(3) through 40 CFR

5LlOO(s)(4)*

(b) Compliance calculations for coatings expressed as pounds VOC/gallon coating (less

water) should treat nonphotochemically reactive compounds or negligibly photochemically

reactive compounds as water for purposes of calculating the less water portion ofthe coating

composition.

*These documents are incorporated by reference. Copies referenced in this section 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 ofEnvironrnental

Management, Office ofbegal Counsel, Air Quality, Indiana Government Center North,

Thirt8Sflth Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution

Control Board; 326lAC 1-2-48;jiled Mar 10, 1988, 1:20 p.m.: lllR 2373;jiled Sep 23, 1988,

11:59 a.m.: 12 IR 255;jiledJan 16, 1990, 4:00 p.m.: 13lR 1016; jiled Aug 9, 1993, 5:00 p.m.:

16lR 2827;jiled Sep 5, 1995, 12;00 p.m.: 191R 29;jiled May 13, 1996,5:00 p.m.: 19IR 2855;

erratajiled Mar 21, 1997, 9:50 a.m.: 20 IR 2116; jiled Jun 9, 2000, 10:01 a.m.: 23IR 2704;

jiled May 21,2002,10:20 a.m.: 25IR 3055;jiled Oct 20,2005,1:30 p.m.: 29IR 796;jiled Apr

26,2007,9:38 a.m.: 20070523-IR-326060412FRA;jiled Jan 6, 2010, 4:07 p.m.: 20100203-IR326090477FRA)

2

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Drm #10-112

2009 Update to References to the CFR

June 2,2010

SECTION 3. 326 lAC 19-2-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 19-2-1 Applicability; incorporation by reference offederal standards

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

Affected: IC 13-15; IC 13-17

Sec. I. (a) This rule, unless specifically exempted in the applicability section of 40 CFR

93, Subpart A*, applies to transportation plans, programs, and projects in nonattaimnent or

maintenance areas for transportation-related criteria pollutants that are developed, funded, or

approved by the United States Department ofTransportation (DOT) and by metropolitan

planning organizations (MPOs) or other recipients offunds under Title 23 United States Code

(U.S.C.) or the Federal Transit Laws.

(b) This rule applies to regionally significant projects, regardless of funding source,

located in nonattaimnent or maintenance areas for transportation-related criteria pollutants for

which the area is designated nonattainment or has a maintenance plan.

(c) The air pollution control board incorporates by reference the following:

(l) 40 CFR 51, Subpart T*

(2) 40 CFR 93, Subpart A*. $ amended by 69 FR 40072, My+,- 2004*.

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

Govermnent Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are also

available for review and copying at the Indiana Department ofEnviromnental Management,

Office ofAir Quality, Indiana Govermnent Center North, Tenth Floor, 100 North Senate

Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 lAC 19-2-1;.filedApr

28,1997,4:00 p.m.: 20lR 2298; filed Oct 20,1998,4:45 p.m.: 22 IR 751;filed May 21,2002,

10:20 a.m.: 25lR 3085; filed Oct 20, 2005, 1:30 p.m.: 29 IR 797)

SECTION 4.326 lAC 20-28-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 20-28-1 Hazardous waste combustors; applicability; incorporation by reference of

federal standards

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

Affected: IC 13-15; IC 13-17

Sec. 1. (a) This rule applies to all hazardous waste combustors as provided in 40 CFR

63.1200*.64 FR (September W; 1999)*, ineltlding the follovling:

f1-:} Hazardous waste ineinerators.

f21 Hazardotls waste btlrning eemefl! kiffis-c

W Hazardous waste Imming lighRveight aggregate kiffis-c

3
Dnn #10-112

2009 Update to References to the CFR

June 2,2010

(b) The air pollution control board incorporates by reference 40 CFR 63, Subpart EEE*,

'" en c,>o,>o fS~_'~ '-~F Of' 1 "99'* <'A en LO'>"O I1\TD"~~ '" 1 009'* a = A'>'>"" fT.,I" 'tt""t':t""1"'c \ CPC-'OlllOO -:::n:r, 1....) , V"T ~V';J "(:L~V~""u~v,-,~ T7; L -' -') ,'tl":;:l' .........

.J.4,- 2000)*, aM g FRo (NO~'6ll'le6r 9; 2000)*, National Emission Standards for Hazardous

Air Pollutants ffir from Hazardous Waste Combustors. with t1l<3 6xoeplion eft1l<3 following

seelions:

(-I-) 63.1206(a)(2), concerning sources thai 00 net ffiIeREl te COll'll"ly.

t2t 63.1210(13), conoeming nOlificalion efffitenI te oOll'll"ly.

f-B 63.121 O(e), conoeming pOOlie ll'leeling aM IlOtioo efffitenI te eOll'll"ly.

(4) 63.1211(13), eoneeming eOll'lplianee progress reports assoeialed with t1l<3 nolifiealion

efinieIlI te eOll'll"ly.

63 .1212(a), soneorning eertifiealion efffitenI te sOll'll"ly.

fGt 63.1212(13), eoneerning sourees thai Begffi eurning hazardous waste after Seplell'lger

~~

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

Government Printing Office, Washington, D.C. 20402, or are available for copying at the Indiana

Department of Environmental Management, Office ofAir Quality, Indiana Government Center

North, 100 North Senate Avenue, Tenth Floor, Indianapolis, Indiana. (Air Pollution Control

Board; 3261AC 20-28-1; filed Jun 21, 2001, 2:23 p.m.: 241R 3617; errata filed Oct 10, 2001,

3:34 p.m.: 25lR 813)

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ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V)

1. The submittal is accompanied by a formal letter ofsubmittal

from the governor or his designee.

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

or body ofregulations; or issued the permit, order, conseI:\t

agreement ("document"); in final form.

a. Date of adoption or final issuance:

b. The effective date ofthe plan, if different

from the adoption/issuance date.

3. Evidence that the State has the necessary legal authority

under state law to adopt and implement the plan.

4. A copy ofthe actual regulation or document submitted for

approval and incorporation by reference into the plan,

including the following:

a. Indication ofthe changes made to the existing

approved plan, where applicable.

b. The submittal shall be a copy ofthe official State

regulation or document signed, stamped, dated by

the appropriate state official indicating that it is fully

enforceable by the State. Effective date shall be stated

in the document itself.

5. Evidence that the State followed all ofthe procedural

requirements ofthe State's laws and constitution in

conducting and completing the adoption/issuance ofthe plan.

6. Evidence that public notice was given, including date of

proof ofpublication.

_X_Notice of Public Hearing and Publishers' Affidavits

7. Certification that public hearings were held in accordance

with infonnation provided in public hearing notice.

_X_ Transcript from Public Hearing

8. Compilation ofpublic comments and State's response.

No public comments were received.

9. Technical support (ifsource specific rule change).

Attachment #

Enclosed

Attachment B

June 2, 2010

October 31, 2010

IC 13-14-8

Attachment A

Attachment B

Attachment D

Attachment E

N/A