# (

(



# \ INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment. Michael R

. Pence Governor 

### Thomas W. 

### Easterly Commissioner



### Susan Hedman Regional Administrator U.S. EPA, Region 5 77 West Jackson Boulevard Chicago, Illinois 60604

DearMs. Hedman: March 14, 2013 100 North Senate Avenue Indianapolis, Indiana 46204 (317) 232-8603 Toll Free (800) 451-6027 www.idem.IN.gov



### Re: State ImplementationPlan Submittal for Indiana Regarding 326 lAC 1-2-18.5 and 326 lAC 8-3 (LSA #07-352), SolventDegreasing

Pursuantto Section 110 ofthe Clean Air Act and Title 13 ofthe Indiana Code, the Indiana Depmiment ofEnvironmental Management (IDEM) submits an amendment to the Indiana state implementationplan. This amendment consists ofrevisions to 326 lAC 1-2-18.5 and 326 lAC 8-3 accomplished through onerulemaking. IDEMrequests thatthe United States Environmental ProtectionAgency (U

.S. EPA) approve 326 lAC 1-2-18.5 and 326 lAC 8-3. This rulemaking amends 326 lAC 8-3 to extend the solvent lowvaporpressure requirement for cold cleaner degreasers to the entire state and amends 326 lAC 1-2-18.5 to revise the definition for "cold cleaner degreaser." Sections 326 lAC 8-3-5, 326 lAC 8-3-6, and 326 lAC 8-3-7 are repealed and consolidated into sections 326 lAC 8-3-2, 326 lAC 8-3-3, and 326 lAC 8- 3-4 to streamlinethe structure ofthe rule. This submittal consists ofone (1) hard copy ofthe required documentation. An 

### electronic version ofthe submittal inPDF format that is identical to the hard copyhas been sent to Chris Panos at the U.S. EPARegion V office. 

## In order to assist with your review ofthis state implementationplan submission, a list ofsuppmiing documents is attached. Throughoutthe development ofthese amendments to existingrules concerning solvent degreasing operations, staffworked closely with your staffto ensure that any potential problems thatmight exist with this requested state implementationplanrevision would be resolved. I request that U.S. EPA approve these modifications oflndiana's state implementationplan. Ifyou have any questions regarding this submittal, please contact Mike Dalton, Rule Suppmi Section Chief, Office ofLegal Counsel at (317) 232-8884.

RecycledPaper 

## <i) ( . • I 

## 1 /.

# ~ere y

# r-- 

# K /**··· \** **~;;k ing** 

# J "---' Acting Assistant Commissioner Office ofLegal Counsel

An Equal Opportunity Employer Please Recycle 

## O

### NK/sb Attachments: SupportingDocuments

cc: John Mooney, U.S. EPA RegionV (no enclosures) DougAburano, U.S. EPARegionV (no enclosures) Steve Rosenthal, U.S. EPA RegionV (no enclosures) Mike Dalton, IDEM (no enclosures) Christine Pedersen, IDEM (no enclosures) SIP file

### SuppmtingDocuments

AttachmentA: Administrative Checklist (40 CFR 51, Appendix V) Attachment B: Final Rule. LSADocument#07-352(F) as published in theIndiana Register 

### on February 27,2013 (DIN: 20130227-IR-326070352FNA) Attachment C: Signature Page AttachmentD: Second Notice, includingthe Notice ofPublic Hearing, as published in the Indiana Register 

### on March 14,2012 (DIN: 20120314-IR-326070352SCA) AttachmentE: Ce1tificates ofWeb Publication (Notice ofPublic Hearings) AttachmentF: Transcript ofFirstPublic Hearing held on August 1, 2012 Attachment G: ProposedRule, includingthe Notice ofPublic Hearing, as published in the Indiana Register on August 15, 2012 (DIN: 20120815-IR-326070352PRA) Attachment H: Transcript ofSecond Public Hearingheld onNovember 7, 2012

### ADMINISTRATIVE CHECKLIST (40 CFR51, Appendix V) 

### 1. The submittal is accompanied by a formal letter ofsubmittal Enclosed from the governor or his designee. 2. Evidence that the State has adopted the planinthe State code Attachment C orbody ofregulations; or issued the pe1mit, order, consent agreement ("document"); in final form.

a. Date ofadoption or final issuance: January 30, 2013 

### b. The effective date ofthe plan, ifdifferent March 1, 2013 

### from the adoption/issuance date. 3. Evidence thatthe State has the necessary legal authority IC 13-14-8 

### under state lawto adopt and implementthe plan. 4. A copy ofthe actual regulation or document submittedfor AttachmentB approval and incorporationbyreference into the plan, includingthe following:

a. Indication ofthe changes made to the existing approvedplan, where applicable. b. The submittal shall be a copy ofthe official State regulation or document signed, stamped, datedby the appropriate state official indicatingthatit is fully enforceablebythe State. Effective date shall be stated inthe document itself. 5. Evidence thatthe State followed all ofthe procedural requirements ofthe State's laws and constitutionin conducting and completingthe adoption/issuance ofthe plan. Attachment C

6. Evidence thatpublic notice was given, including date of Attachments D, E, and G proofofpublication. _X_Notice ofFirstPublic Hearing and Certificates ofWeb Publication _X_Notice ofSecond Public Hearing and Certificates ofWeb Publication 7. Certificationthatpublichearings were held in accordance with informationprovidedinpublic hearing notice. _X_Transcript from FirstPublic Hearing _X_Transcript from SecondPublic Hearing 8. Compilation ofpublic comments and State'sresponse. X SecondNotice

-- 

### _X_Proposed Rule NA Third CommentPeriod 9. Technical Support Document (ifsource specific change).N/ A Attachments F and H

Attachments D, F, G and HIndiana Register TITLE 326 AIR POLLUTION CONTROL DIVISION Final Rule LSA Document #07-352(F) DIGEST Amends 326 lAC 1-2-18.5 concerning the definition of "cold cleaner degreaser". Amends 326 lAC 8-3-1 through 326 lAC 8-3-4 and 326 lAC 8-3-8 concerning volatile organic compounds (VOC) in solvent degreasing operations. Repeals 326 lAC 8-3-5 through 326 lAC 8-3-7. Effective 30 days afterfiling with the Publisher. HISTORY First Notice of Comment Period: June 27, 2007, Indiana Register (DIN: 20070627-IR-326070352FNA). Continuation of First Notice of Comment Period: April2, 2008, Indiana Register (DIN: 20080402-IR-326070352FCA). Second Notice of Comment Period: January 13, 2010, Indiana Register (DIN: 201 00113-IR-326070352SNA). Notice of First Hearing: January 13, 2010, Indiana Register (DIN: 201 00113-IR-326070352PHA). Continuation of Second Notice of Comment Period: March 14, 2012, Indiana Register (DIN: 20120314-IR-326070352SCA). Change in Notice of First Hearing: April25, 2012, Indiana Register (DIN: 20120425-IR-326070352CHA). Date of First Hearing: August 1, 2012. Proposed Rule: August 15, 2012, Indiana Register (DIN: 20120815-IR-326070352PRA). Notice of Second Hearing: August 15, 2012, Indiana Register (DIN: 20120815-IR-326070352PHA). Date of Second Hearing: November 7, 2012. 3261AC 1-2-18.5; 3261AC 8-3-1; 3261AC 8-3-2; 3261AC 8-3-3; 3261AC 8-3-4; 3261AC 8-3-5; 3261AC 8-3-6; 326 lAC 8-3-7; 326 lAC 8-3-8 SECTION 1. 3261AC 1-2-18.51S AMENDED TO READ AS FOLLOWS: 326 lAC 1-2-18.5 "Cold cleaner degreaser" defined Authority: IC 13-14-8; IC 13-17 Affected: IC 13-17-3

Sec. 18.5. "Cold cleaner degreaser" means a tank containing organic solvent at a temperature below the boiling point ofthe solvent wffiei:T that is used to spray, brush, flush, or immerse an article for the purpose of cleaning or degreasing the article. Wipe cleaning activities are not considered cold cleaner degreasers. (AirPollution Control Division; 326/AC 1-2-18.5; filedApr 18, 1990, 4:55p.m.: 13 IR 1676; filedJan 30, 2013, 12:33p.m.: 20130227-IR-326070352FRA)

SECTION 2. 326 lAC 8-3-1 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-1 Applicability and exemptions Authority: IC 13-14-8; IC 13-17 Affected: IC 13-17-3

Sec. 1. (a) 8eetions 2 thFOugh 4 ofThis rule applies to the following: (1) Persons owning oroperating degreasers using solvents that contain one (1) or more volatile organic compounds (VOC). (2) Any person who sells, offers for sale, uses, or manufactures solvent that contains one (1) or more VOC for use in cold cleaner degreasers. (b) For purposes ofthis section, "electronic components" means all components ofan electronic assembly, including, but not limited to, the following: (1) Circuit board assemblies. (2) Printed wire assemblies. Date: Mar 01,2013 2:38:39PM EST DIN: 20130227-IR-326070352FRA Page 1

### Indiana Register (3) Printed circuit boards. (4) Solderedjoints. (5) Ground wires. (6) Bus bars. (7) Any otherassociated electronic component manufacturing equipment. (c) Unless exempted in subsection (d), this rule apply to the following: applies to persons owning or operating degreasers as follows: (1) E:><isting faoilities as ofSections 2(a), 3(a), and 4(a) ofthis rule apply to the following degreasers:

(A) Degreasers constructed on or before January 1, 1980, performing organio solvent degFOasing operations that are located:

(i) in Clark, Elkhart, Floyd, Lake, Marion, Porter, 

## ana or St. Joseph oounties; County; and which are located (ii) at sources wl=tiffi that have potential emissions of ninety and seven-tenths (90.7) megagrams (one hundred (100) tons) or greater per year ofVOC. (2)**~Je'N** 

### faoilities (B) Degreasers constructed after January 1, 1980, performing organio solvent degreasing operations located anywhere in the state. 

### te) (2) Sections

# e 2 through 

## +4 ofthis rule apply to the following degreasers: (1) The following faoilities performing organio sol'>'ent degreasing operations (A) Cold cleaner degreasers without remote solvent reservoirs that:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, 

## ana or St. Joseph oounties; mdsting as ofduly 1, 1990: County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. (/\) Gold eleanor degreasers \Vithout remote solvent reservoirs. (B) Open top vapor degreasers with an air-to-solvent interface ofone (1) square meter (ten and eight-tenths (10.8) square feet) or greater that:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, or St. Joseph County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. (C) Conveyorized degreasers with an air-to-solvent interface oftwo (2) square meters (twenty-one and six-tenths (21.6) square feet) or greater that:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, or St. Joseph County; or (ii) 

### were constructed afterJuly 1, 1990, and located anywhere in the state. These faoilities shall attain oomplianoe with this rule no later than duly 1, 1991. (2) Any new faoility, oonstruotion ofwhish oommenoes after duly 1, 1990, ofthe types desoribed in subdivision (1) looated in any oounty. 

## te1 (3) Section 8 ofthis rule applies to any person who sells, offers for sale, uses, or manufactures solvent for use in cold oleaning cleaner degreasers in the follo'Ning oounties: as follows:

(A) Before January 1, 2015, in the following counties: 

## fB (i) Clark. 

## t2J (ii) Floyd. 

## t31 (iii) Lake. 

### t4) (iv) Porter. (B) On and afterJanuary 1, 2015, anywhere in the state. (d) The following degreasers and solvent material uses are exempted from this rule: (1) Sections 2 through 4 ofthis rule do not apply to the following solvent degreasing operations:

(A) Degreasers that are required to comply with and are operated in compliance with 326 lAC 20-6-1 that incorporates by reference 40 CFR 63, SubpartT*, National Emissions Standards for Hazardous Air Pollutants for Halogenated Solvent Cleaning. (B) Degreasers that use solvents that contain less than one percent (1%) ofVOC byweight. (2) Section 8 ofthis rule does not apply to the following:

(A) Solvents intended to be used in degreasers to clean electronic components. (B) Solvents used in degreasers that are:

(i) required to comply with and are operated in compliance with the requirements of326 lAC 20-15- 

### 1, which incorporates by reference 40 CFR 63, Subpart GG*, National Emission Standards for Aerospace Manufacturing and Rework Facilities; and (ii) not located in Clark, Floyd, Lake, or Porter County. (C) Solvents containing less than one percent (1%) VOC by weight used in degreasers that are not located in Clark, Floyd, Lake, or Porter County.

Date: Mar 01,2013 2:38:39PM EST DIN: 20130227-IR-326070352FRA Page 2

### Indiana Register (e) When a limit is expressed in metric units and the English units are provided, the owner or operator has the option of using either metric or English units to demonstrate compliance with the rule. *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 available for review and copying atthe Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution Control Division; 3261AC 8-3-1: filed Mar 10, 1988, 1:20p.m.: 111R 2537; filedApr 18, 1990, 4:55 p.m.: 13 IR 1679; filedApr

### 27, 1999, 9:06a.m.: 221R 2854; readopted filed Jan 10, 2001, 3:20p.m.: 241R 1477; filed Jan 30, 2013, 12:33p.m.: 20130227-IR-326070352FRA)



### SECTION 3. 326 lAC 8-3-2 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-2 Cold cleaner degreaser control equipment and operating requirements Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 2. (a) The owner or operator ofa cold cleaning facility cleaner degreaser shall ensure the following control equipment and operating requirements are met: (1) Equip the cleaner degreaserwith a cover. (2) Equip the cleaner degreaserwith a fa€Hity

### devicefor draining cleaned parts. (3) Close the degreaser cover whenever parts are not being handled in the cleaner; degreaser. (4) Drain cleaned parts for at least fifteen (15) seconds or until dripping ceases. (5) Provide a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions (3), (4), (6), and (7). (6) Store waste solvent only in covered closed containers. and not dispose (7) Prohibitthe disposal ortransfer ofwaste solvent ortransfer it to another party, in such a mannerthat could allow greater than twenty percent (20%) ofthe waste solvent (by weight) eaR

### to evaporate into the atmosphere. (b) The owneroroperatorof a cold cleaner degreasersubjectto this subsection shall ensure the following additional control equipment and operating requirements are met: (1) Equip the degreaserwith one (1) ofthe following control devices ifthe solvent is heated to a temperature ofgreaterthan forty-eight and nine-tenths (48.9) degrees Celsius (one hundred twenty (120) degrees Fahrenheit):

(A) A freeboard that attains a freeboard ratio ofseventy-five hundredths (0.75) or greater. (B) A water coverwhen solvent used is insoluble in, and heavierthan, water. (C) A refrigerated chiller. (D) Carbon adsorption. (E) An alternative system ofdemonstrated equivalent or better control as those outlined in clauses (A) through (D) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. (2) Ensure the degreasercover is designed sothat it can be easily operated with one (1) hand ifthe solvent is agitated or heated. (3) If used, solvent spray:

(A) must be a solid, fluid stream; and (B) shall be applied at a pressure that does not cause excessive splashing. (AirPollution Control Division; 326 lAC 8-3-2; filed Mar 10, 1988, 1:20p.m.: 11 IR 2537; readopted filedJan 10, 2001, 3:20p.m.: 241R 1477; filedJan 30, 2013, 12:33p.m.: 20130227-IR-326070352FRA)



### SECTION 4. 326 lAC 8-3-3 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-3 Open top vapor degreaser operation Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3 Date: Mar 01,2013 2:38:39PM EST DIN: 20130227-IR-326070352FRA Page 3

### Indiana Register

Sec. 3. (a) The owner or operator ofan open top vapor degreaser shall ensure the following control equipment and operating requirements are met: (1) Equip the vapor degreaserwith a cover that can be opened and closed easily without disturbing the vapor zone. (2) Keep the cover closed at all times except when processing workloads through the degreaser. (3) Minimize solvent carryout by:

(A) racking parts to allow complete drainage; (B) moving parts in and out ofthe degreaser at less than three and three-tenths (3.3) meters per minute (eleven (11) feet per minute); (C) degreasing the workload in the vapor zone at least thirty (30) seconds or until condensation ceases; (D) tipping out any pools ofsolvent on the cleaned parts before removal; and (E) allowing parts to dry within the degreaserfor at least fifteen (15) seconds or until visually dry. (4) not degrease Prohibitthe entrance into the degreaser ofporous or absorbent materials, such as cloth, leather, wood, or rope. (5) not oeeupy Prohibit occupation of more than 

### flal.f one-half (1/2) ofthe degreaser's open top area with the workload. (6) not load Prohibitthe loading ofthe degreaser sueh that in a mannerthat causes the vapor**level~** 

### to drop more than fifty percent (50%) ofthe vapor depth when the workload is removed. (7) never spray Prohibit solvent spraying above the vapor level. (8) Repair solvent leaks immediately, or shut down the degreaser if leaks cannot be repaired immediately. (9) Store waste solvent only in covered closed containers. and not dispose (10) Prohibitthe disposal ortransfer ofwaste solvent or transfer it to another party, sueh in a mannerthat could allow greater than twenty percent (20%) ofthe waste solvent (by weight) eaR

### to evaporate into the atmosphere. (10) not (11) Prohibitthe use ofworkplace fans nearthe degreaser opening. (11) not allo'>v (12) Prohibitvisually detectable water in the solvent exiting the water separator. 

### affi**~** 

### (13) Provide the degreaserwith a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions (2) through (12). (b) The owner or operator ofan open topvapor degreaser subjectto this subsection shall ensure the following additional control equipment and operating requirements are met: (1) Equipthe degreaserwith the following switches:

(A) A condenserflow switch and thermostat that shuts offsump heat ifcondenser coolant stops circulating or becomes too warm. (B) A spray safety switch that shuts offspray pump ifthevapor level drops more than ten (10) centimeters (four (4) inches). (2) Equipthe degreaserwith one (1) ofthe following control devices:

(A) A freeboard ratio ofseventy-five hundredths (0.75) orgreater and a powered cover ifthe degreaseropening is greaterthan one (1) square meter (ten and eight-tenths (10.8) square feet). (B) A refrigerated chiller. (C) An enclosed design in which the cover opens onlywhen the article is actually entering orexiting the degreaser. (D) A carbon adsorption system with ventilation that, with the cover open, achieves aventilation rate ofgreaterthan or equal to fifteen (15) cubic meters per minute persquare meter (fifty (50) cubic feet per minute persquare foot) ofair-to-vapor interface area and an average of less than twenty-five (25) parts per million ofsolvent is exhausted overone (1) complete adsorption cycle. (E) An alternative system ofdemonstrated equivalent or better control as those outlined in clauses (A) through (D) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. (3) Prohibitthe loading ofthe degreaserto the pointwhere the vapor level would drop more than ten (10) centimeters (four (4) inches) when the workload is removed. (4) Prohibitthe exhaustventilation rate from exceeding twenty (20) cubic meters per minute per square meter (sixty-five (65) cubic feet per minute persquare foot) ofdegreaser open area unless a greaterventilation rate is necessaryto meet Occupational Safety and Health Administration requirements. (5) Ensure that the label required undersubsection (a)(13) includes the additional operating requirements listed in subdivisions (3) and (4). (AirPollution Control Division; 326 lAC 8-3-3; filed Mar 10, 1988, 1:20p.m.: 111R 

### 2537; readopted filed Jan 10, 2001, 3:20p.m.: 241R 1477; filedJan 30, 2013, 12:33p.m.: 20130227-IR-326070352FRA) Date: Mar 01,2013 2:38:39PM EST DIN: 20130227-IR-326070352FRA Page4

### Indiana Register SECTION 5. 326 lAC 8-3-4 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-4 Conveyorized degreasercontrol equipment and operating requirements Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 4. {a) The owner or operator ofa conveyorized degreaser shall ensure the following control equipment and operating requirements have been met: (1) Minimize carryout emissions by:

(A) racking parts for Best 

### optimal drainage; and (B) maintaining the vertical conveyor speed at less than three and three-tenths (3.3) meters per minute (eleven (11) feet per minute). (2) Store waste solvent only in covered closed containers. and not dispose {3) Prohibitthe disposal ortransfer ofwaste solvent or transfer it to another party, in SH6R a manner that could allow greaterthan twenty percent (20%) ofthe waste solvent (by weight) GaR

### to evaporate into the atmosphere.**~** 

### {4) Repair solvent leaks immediately, or shut down the degreaser if leaks cannot be repaired immediately. 

### {41-flet {5) Prohibitthe use ofworkplace fans near the degreaser opening. (5) not allo'N {6) Prohibitvisually detectable water in the solvent from exiting the water separator. 

### a-R6 (6) provide {7) Equipthe degreaserwith a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions {1) through {6). {b) The owner or operator ofa conveyorized degreasersubjectto this subsection shall ensure the following control equipment and operating requirements are met: {1) Equipthe degreaser's entrances and exits with downtime covers that are closed when the degreaser is not operating. {2) Equipthe degreaserwith the following switches:

(A) A condenserflow switch and thermostat that shuts offsump heat ifcondenser coolant stops circulating or becomes too warm. (B) A spraysafety switch that shuts offspray pump ifthe vapor level drops morethan ten {1 0) centimeters (four {4) inches). (C) A vapor level control thermostat that shuts offsump heatwhen vapor level rises morethan ten (10) centimeters (four {4) inches). (3) Equipthe degreaserwith entrances and exits that silhouette workloads in such a mannerthatthe average clearance between the articles and the degreaseropening is either less than ten {10) centimeters (four {4) inches) or less than ten percent (10%) ofthe width ofthe opening. (4) Equipthe degreaserwith a drying tunnel, rotating ortumbling basket, or other equipmentthat prevents cleaned articles from carrying out solvent liquid orvapor. {5) Equipthe degreaserwith one {1) ofthe following control devices:

(A) A refrigerated chiller. (B) A carbon adsorption system with ventilation that, with the downtime covers open, achieves a ventilation rate ofgreaterthan or equal to fifteen (15) cubic meters per minute persquare meter (fifty (50) cubic feet per minute persquare foot) ofair-to-solvent interface area, and an average of less than twenty-five (25) parts per million ofsolvent is exhausted over one {1) complete adsorption cycle. (C) An alternative system ofdemonstrated equivalent or better control as those outlined in clause (A) or (B) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. {6) Prohibitthe exhaustventilation rate from exceeding twenty {20) cubic meters per minute per square meter {sixty-five (65) cubic feet per minute persquare foot) ofdegreaser opening unless a greaterventilation rate is necessaryto meet Occupational Safety and Health Administration requirements. {7) Coverentrances and exits at all times except when processing workloads through the degreaser. {8) Ensure that the label required undersubsection (a}{7) includes the additional operating requirements listed in subdivisions {6) and (7). (AirPollution Control Division; 326 lAC 8-3-4; filed Mar 10, 1988, 1:20p.m.: 11 IR 2537; readopted filedJan 10,

Date: Mar 01,2013 2:38:39PM EST DIN: 20130227-IR-326070352FRA Page 5Indiana Register 2001, 3:20p.m.: 24/R 1477; filed Jan 

### 30, 2013, 12:33p.m.: 20130227-IR-326070352FRAJ

SECTION 6. 326 lAC 8-3-8 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-8 Material requirements for cold cleaner degreasers Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 8. (a) Material requirements specified inthis section applies to the users, providers, and manufacturers ofsolvents for use in cold cleaning cleaner degreasers apply as follows: (1) Before January 1, 2015, in Clark, Floyd, Lake, and Porter counties. mmept for solvents intended to be used to olean eleotronio components. (2) On and afterJanuary 1, 2015, anywhere in the state. (b) /\s used in this section, "eleotronio components" means all components ofan eleotronio assembly, including, but not limited to, the following: (1) Circuit board assemblies. (2) Printed wire assemblies. (3) Printed oirouit boards. 

### (4) Soldered joints. (5) Ground wires. (6) Bus bars. (7) /\ny other associated eleotronio component manufacturing equipment. 

## te1 (b) Material requirements are phased in as follows: (1) On and after**~Jovember** 1, 1999, no person shall do the following:

(A) Gause or allow the sale ofsolvents for use in oold eleaning degreasing operations with a 'v<apor pressure that mmeeds t•.vo (2) millimeters of mercury (thirty eight thousandths (0.038) pound per square inoh) measured at twenty (20) degrees Celsius (sb<ty eight (68) degrees Fahrenheit) in an amount greaterthan fi•,ce (5) gallons during any seven (7) oonseeutive days to an individual or business. (8) Operate a oold cleaning degreaser with a solvent '•'apor pressure that mcoeeds t-wo (2) millimeters of mercury (thirty eight thousandths (0.038) pound per square inoh) measured at twenty (20) degrees Celsius (sbcty eight (68) degrees Fahrenheit). (2) On and after May 1, 2001, no person shall do the following: 

### tA} (1) No person shall cause or allow the sale ofsolvents for use in cold cleaning cleaner degreasing operations with a VOC composite partial vapor pressure, when diluted at the manufacturer's recommended blend and dilution, that exceeds one (1) millimeter of mercury (nineteen-thousandths (0.019) pound per square inch) measured at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit) in an amount greater than five (5) gallons during any seven (7) consecutive days to an individual or business. 

### tB} (2) No person shall operate a cold eleaning cleaner degreaser with a solvent a solvent that has a VOC composite partial vapor pressure that exceeds one (1) millimeter of mercury (nineteen-thousandths (0.019) pound per square inch) measured at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). (d) On and after**~Jo'v'ember** 1, 1999, the following (c) Record keeping requirements shall be follmved: are as follows: (1) All persons subject to the requirements ofsubsection (o)(1 

### )0'\) and (o)(2)(A) (b)(1) shall maintain all ofthe following records for each sale: (A) The name and address ofthe solvent purchaser. (B) The date ofsale (or invoice/bill date ofcontract servicer indicating service date). (C) The type ofsolvent sold. (D) The volume of each unit ofsolvent sold. (E) The total volume ofthe solvent sold. (F) The true vapor pressure ofthe solvent measured in millimeters of mercury at twenty (20} degrees Celsius (sixty-eight (68) degrees Fahrenheit). (2) All persons subject to the requirements of subsection (o)(1 )(8) and (o)(2)(8) (b)(2) shall maintain each of the following records for each purchase: (A) The name and address ofthe solvent supplier.

Date: Mar 01,2013 2:38:39PM EST DIN: 20130227-IR-326070352FRA Page 6Indiana Register (B) The date of purchase (or invoice/bill date ofcontract servicer indicating service date). (C) The type of solvent purchased. (D) The 'v<olume of each unit ofsolvent. 

## $1 (D) The total volume ofthe solvent purchased. 

## fA (E) The true vapor pressure ofthe solvent measured in millimeters of mercury at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). 

## fe1 (d) All records required by subsection 

## W (c) shall be: (1) retained on-site oraccessible electronically from the site for the most recent three (3) year period; and shall be (2) reasonably accessible for an additional two (2) year period. (AirPollution Control Division; 326 JAG B-3-B; filedApr

### 27, 1999, 9:06a.m.: 22/R 2B54; readopted filed Jan 10, 2001, 3:20p.m.: 24/R 1477; filed Jan 30, 2013, 12:33p.m.: 20130227-/R-326070352ERA)

SECTION 7. THE FOLLOWING ARE REPEALED: 326 lAC 8-3-5; 326 lAC 8-3-6; 326 lAC 8-3-7. LSA Document #07-352(E) Proposed Rule: 20120B15-IR-326070352PRA Hearing Held: November

### 7, 2012 ApprovedbyAttorney General: January4, 2013 Approvedby Governor: Deemedapprovedby the Governorwithoutsignature underIC 4-22-2-34 on January20, 2013 Filed with Publisher: January 30, 2013, 12:33p.m. Documents IncorporatedbyReference: None ReceivedbyPublisher Small Business Regulatory Coordinator: Jessica Eaust-Hamblin, IDEM Small Business Regulatory Coordinator, 

### MC 60-04/GCS W041, 100 Notth Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or(BOO) 9B8-7901, ctap@idem.in.gov Small BusinessAssistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-011GCN 1301, 100 Notth Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-33B6 or (BOO) 451-6027, bbaughn@idem.in.gov Posted: 02/27/2013 byLegislative Services Agency An html version ofthis document.

Date: Mar 01,2013 2:38:39PM EST DIN: 20130227-IR-326070352FRA Page 7

# Rule Signature·Page

Rule: LSA#07-352(F) Agency: AirPollutionControlBoard · SolventDegreasingOperations 

## Subject:

ADOPTED: 

## By: 

## Jam 'tie Chairman AirPollutionControlBoard

By:**~~)Jeller** 

## · Attorney General, StateofIndiana

APPROVED: 

## B.-

.. ·. · . 20 · ·.

y. 

## DEEMED 

## APPROVED ·1-•2013 

# · ·.· ..·**perlc:4-?2~z-3~.,· ~.** 

ACCEPTEDFORFILING: 

## By: Indiana Date:

Date:

Legisla TITLE 326AIRPOLLUTION CONTROLDMSION. 

### LSA Docwnent#07-352(FR) Filed with 

### Publisher: January 

### 30. 2013, 12:33 p.m. ID:Kks 

# ,,I -zt f'L..

. I



## -------Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD CONTINUATION OF SECOND NOTICE OF COMMENT PERIOD LSA Document #07-352 DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING VOLATILE ORGANIC COMPOUNDS IN ORGANIC SOLVENT DEGREASERS PURPOSE OF NOTICE A Second Notice of Comment Period for this rulemaking was published on January 13, 2010, in the Indiana Register (DIN: 20100113-IR-326070352SNA). The draft rule amends 326 lAC 8-3 concerning organic solvent degreasing operations in Indiana. The Indiana Department of Environmental Management (IDEM) has made revisions to the draft language published in the Second Notice of Comment Period to provide clarity and address comments. Therefore, IDEM is publishing this Continuation ofSecond Notice ofComment Period and is soliciting public comments on the revised language. IDEM seeks public comment on the draft rule, including suggestions for specific language to be included in the rule, the fiscal impact ofthe rule, and the affected citations listed or any other provisions ofTitle 326 that may be affected by this rulemaking. HISTORY First Notice of Comment Period: June 27, 2007, Indiana Register (DIN: 20070627-IR-326070352FNA). Continuation of First Notice of Comment Period: April 2, 2008, Indiana Register (DIN: 20080402-IR-326070352FCA). Second Notice of Comment Period: January 13, 2010, Indiana Register (DIN: 201 00113-IR-326070352SNA). CITATIONS AFFECTED: 3261AC 8-3. AUTHORITY: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12. SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING Basic Purpose and Background In the March 27, 2008, Federal Register (73 FR 16436), the United States Environmental Protection Agency (U.S. EPA) revised the primary and secondary 8-hour ozone standards to 0.075 parts per million (ppm). While the majority of Indiana meets the new standards, there are two areas that U.S. EPA proposes to designate as nonattainment, the northwest Indiana counties ofJasper, Lake, and Porter, and Lawrenceburg Township in Dearborn County. The Indiana Department of Environmental Management (IDEM) believes these areas should be designated attainmentlunclassifiable because there are no monitored violations in those areas. IDEM is responding to U.S. EPA's proposed designations with comment and data to support this conclusion. However, IDEM believes it is still prudent for Indiana to consider implementing additional cost-effective measures to reduce emissions that contribute to the formation ofozone. The reasons for considering additional reduction measures include: the likelihood that Jasper, Lake, and Porter counties and Lawrenceburg Township in Dearborn County will be designated nonattainment, the narrow margin between Indiana's current air quality in the rest ofthe state and the new lower 8-hour ozone standard of 0.075 ppm, the possibility that the new ozone standard may be lowered even further in the future, and the concerns expressed by other states that emissions from Indiana are contributing to their inability to attain the standard (the Clean AirAct provides a legal mechanism for those states to require Indiana to reduce Indiana's potential contribution to nonattainment in other states). A Second Notice ofComment Period was published in the Indiana Register on January 13, 2010 (DIN: 201 00113-IR-326070352SNA). In that notice, IDEM proposed to do the following: (1) Extend the material requirements for cold cleaner degreasers at 326 lAC 8-3-8 to all cold cleaner degreasers located in any county in the state. (2) Eliminate grandfathering of organic solvent degreasing operations in Indiana at 326 lAC 8-3-1. (3) Amend the applicability ofthe rule at 326 lAC 8-3-1, repeal sections 326 lAC 8-3-2, 326 lAC 8-3-3, and 326 lAC 8-3-4 to consolidate rule requirements into sections 326 lAC 8-3-5, 326 lAC 8-3-6, and 326 lAC 8-3- 

## Zin orderto streamline the structure ofthis rule, eliminate duplicative language and clarify the rule. These amendments do not broaden the scope ofthe existing rule language. (4) Exempt organic solvent degreasing operations that are not located in Clark, Floyd, Lake, or Porter County from the following: (A) The operation and control requirements of326 lAC 8-3-5, 326 lAC 8-3-6, and 326 lAC 8-3-7 ifthe degreaser: (i) is subject to 326 lAC 20-6-1 (National Emission Standards for Hazardous Air Pollutants (NESHAP) from halogenated solvent cleaning); or (ii) uses only organic solvents that contain less than one percent (1%) VOCs by weight.

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 1Indiana Register (B) The material requirements at 326 lAC 8-3-8 ifthe cold cleaner degreaser:

(i) is subject to 326 lAC 20-15-1 (NESHAP from aerospace manufacturing and rework facilities); or (ii) uses aqueous cleaning solvents as defined in the draft rule language (326 lAC 8-3-0.5). After consideration of comments received and internal discussion about the draft rule, IDEM has revised the draft rule. Most significantly, IDEM does not now propose to eliminate the grandfathering provisions in the applicability section at 326 lAC 8-3-1. Because volatile organic compounds {VOCs) contribute to the formation ofozone, it is important to control VOCs in orderto comply with the 8-hour ozone standard. In an effort to assist neighboring states in the development of state implementation plans (SIPs) to comply with the federal requirements, the Lake Michigan Air Directors Consortium (LADCO) has been working with its member states to identify and recommend regional controls that would help states bring areas back into attainment forthe new 8-hour ozone standard. The LADCO states include Illinois, Indiana, Michigan, Ohio, and Wisconsin. The LADCO states have discussed applying certain VOC control measures currently applicable in a limited number ofcounties to all counties in the region in order to provide a general benefit to all ozone nonattainment areas. LADCO has evaluated potential reductions from various regulatory options that could be adopted on a multistate basis in the region. Based on discussions with other LADCO states and information provided by LADCO, IDEM continues to propose amendment of326 lAC 8-3 (Organic Solvent Degreasing Operations) by extending the material requirements in 326 lAC 8-3-8 to all counties in the state. In combination with other efforts to reduce VOCs in Indiana and other states, the revisions to the organic solvent degreasers rule under consideration in Indiana will contribute to a regional control ofVOCs thatwill assist many counties in reaching and maintaining attainment for the new 8-hour ozone standard while balancing the regulatory requirements across the state. Additionally, the proposed amendments to the material requirements for cold cleaner degreasers would update the rule to reflect that solvents meeting the proposed material requirements are already in extensive use throughout the state. Upon completion ofthe rulemaking, this rule will be submitted to the U.S. EPA for approval as a revision to the state implementation plan (SIP). IC 13-14-9-41dentification of Restrictions and Requirements Not Imposed under Federal Law The following element ofthe draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is "not imposed underfederal law" (NIFL element). The following information is provided with each NIFL element: (1) The environmental circumstance or hazard dictating the imposition ofthe NIFL element in orderto protect human health and the environment in Indiana and examples in which federal law is inadequate to provide this protection for Indiana. (2) The estimated fiscal impact and expected benefits ofthe NIFL element, based on the extent to which the NIFL element exceeds the requirements offederal law. (3) The availability for public inspection of all materials relied on by IDEM in the development ofthe NIFL element including, ifapplicable: health criteria, analytical methods, treatment technology, economic impact data, environmental assessment data, analyses of methods to effectively implement the proposed rule, and other background data. NIFL Element A: Statewide application of material requirements for cold cleaner degreasers. The applicability provisions in 326 lAC 8-3-1 will require any person, unless exempted, who sells, offers for sale, uses or manufactures solvents for use in cold cleaner degreasers in Indiana to meetthe material requirements of326 lAC 8-3-8. Federal law does not impose degreaser requirements, but does impose economic consequences for nonattainment ofthe ozone standard. (1) The application of certain VOC control measures to all counties in Indiana will provide a general benefit to ozone nonattainment and maintenance areas. This rule is part ofa larger group ofVOC control rules that address regional ozone and particulate matter nonattainment. (2) The fiscal impact of compliance statewide for the material requirements is not easily quantified due to the large number ofdegreasing operations across the state. LADCO estimated a cost of$1 ,400 perton ofVOC reduced based on the South Coast Air Quality Management District's cost analysis for their solvent cleaning rule (Rule 1122). However, that estimate assumed that compliant solvents were not readily available to regulated sources. The major solvent suppliers in Indiana already distribute solvents state-wide that meetthe material requirements proposed in this rulemaking. Additionally, material substitution will generally result in lower compliance costs for individual sources than would be anticipated with the use of emission control devices. As discussed in this notice, Indiana will benefit from the reduction ofVOC emissions. (3) LADCO evaluated potential reductions from various regulatory options that could be adopted on a multi-state basis in the region. The information used for the evaluation is presented in a white paper on degreasing at: http://www.ladco.org/Regionai_Air_Quality.html Potential Fiscal Impact This rulemaking proposes to extend the applicability ofthe material requirements for cold cleaner degreasers at 326 lAC 8-3-8 to all counties in the state. A previous state rulemaking in 1998 that added the material

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 2Indiana Register requirements for cold cleaner degreasers at 326 lAC 8-3-8 for four counties estimated a low fiscal impact. That rulemaking action would have been more costly to suppliers because the required solvents were not readily available in this state. However, since the 1998 rulemaking, compliant solvents for cold cleaner degreasers are currently being supplied statewide. IDEM surveyed the two largest solvent suppliers in Indiana and both already distribute compliant solvents to their customers statewide. No additional capital costs for equipment are anticipated. Public Participation and Workgroup Information No workgroup is planned forthe rulemaking. Ifyou feel that a workgroup orother informal discussion on the rule is appropriate, please contact Christine Pedersen, Rule and State Implementation Plan Development Section, Office ofAir Quality at (317) 233-5684 or (800) 451-6021 (in Indiana). SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD IDEM requested public comment from January 13, 2010, through February 12,2010, on alternative ways to achieve the purpose ofthe rule and suggestions for the development ofdraft rule language. IDEM received comments from the following party bythe comment period deadline: Alcoa, Inc. Lafayette Operations (ALO) SABIC Innovative Plastics (SABIC) Following is a summary ofthe comments received and IDEM's responses thereto: Comment: Commenter supports the formation ofa work group of interested parties and stakeholders to assist in development ofan appropriate rule for organic solvent degreasers. (ALO) Response: IDEM has revised the draft language to provide clarity and address comments that may significantly change the impact the draft rule language would have on a source. Ifthere is significant interest in the formation ofa work group based on this revised language, IDEM will considerforming a work group. Comment: IDEM stated in the Second Notice of rulemaking that no additional capital cost for equipment are anticipated. This is inaccurate. Alcoa Lafayette Operations believes that the costs of complying with this rule on a statewide basis will exceed $500,000 and requests that IDEM conduct a thorough fiscal impact analysis prior to implementation ofthe rule. (ALO) Response: IDEM has revised the draft language to provide clarity and address comments that may significantly change the impact the draft rule language would have on a source. IDEM requests that sources evaluate potential fiscal impacts and provide comments to assist IDEM in determining the likely costs associated with the revised draft rule. Comment: The existing 8-hour standard for ozone is currently 0.85 ppm. Currently, all counties in Indiana are achieving this standard. U.S. EPA is currently reconsidering lowering the standard to 0.75 ppm. It is inappropriate to arbitrarily impose restrictive regulations in anticipation offuture regulations without first conducting a scientific analysis ofthe anticipated benefits and costs of regulatory implementation. IDEM has not sufficiently demonstrated that requiring the existing solvent degreasers in existence prior to January 1, 1980 will significantly improve air quality. (ALO) Response: Since these comments were originally submitted, U.S. EPA has lowered the ozone standard to 0.75 ppm. Though designations are not finalized yet, it is possible that Indiana will have one or more areas designated nonattainment for the new standard. Because ozone is a regional pollutant and can impact counties beyond the area in which it forms, it is reasonable to address it on a regional basis. For this reason, IDEM is proposing to expand the cold cleaner degreasing requirements statewide. Comment: In numerous places in the rule, a numeric regulatory value is set forth in both metric and English units. The format used is one set of units is set forth, with the other set appearing in parentheses immediately following. For example, in proposed 326 lAC 8-3-0.5, a flash point temperature is described as "

... greater than ninety-three (93) degrees Celsius (two hundred (200) degrees Fahrenheit)

...." In all cases in the rule except one, however, the two values provided are not equivalent. One is left wondering which value is to be used in determining compliance, or whether either may be used. This obviously creates an ambiguity. To correct this issue, SABIC-IP has proposed to insert the word "approximately" immediately before the value set forth inside the parentheses. This way, the first-named value becomes the sole regulatory value, and the value in parentheses becomes an unenforceable approximation. (SABIC) Comment: The proposed rule uses pairs ofvalues, one in metric units and the other in English units. Even making the second values approximately equal to the first rather than hold them out as being equivalent, four of the "second" values in seven locations in the proposed rule are incorrect: (a) In 326 lAC 8-3-0.5, 93 C equals 199.4 F, which rounds to 199 F. (b) In 326 lAC 8-3-1 (a)(3)(C) and 326 lAC 8-3-7(a)(2), 2 square meters equals approximately 21.53 square feet, which rounds to 21.5 square feet, not 21.6. (c) In 326 lAC 8-3-6(a)(3)(B)(iv) and 326 lAC 8-3-7(a)(2)(E)(ii), 15 cubic meters per minute per square meter equals approximately 49.2 cubic feet per minute per square foot, which rounds to 49 cubic feet per minute per square foot, not 50. (d) In 326 lAC 8-3-6(b)(11 )(B) and 326 lAC 8-3-7(b)(6)(A), 20 cubic meters per minute per square meter

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 3Indiana Register equals approximately 65.6 cubic feet per minute per square foot, which rounds to 66 cubic feet per minute per square foot, not 65. (SABIC) Response: The difference in the values between the metric and English units noted by SABIC is a result of rounding. Specifically, it appears that SABIC used the most precise conversion factors possible. However, the English units in the rule language represent the metric values adjusted for the appropriate amount of significant figures. When approximate numbers are multiplied or divided, the result is expressed as a number having the same number ofsignificant digits as the expression in the problem having the least number ofsignificant digits. In otherwords, multiplying a number having four significant digits by a number having two significant digits, the correct answer will be expressed to two significant digits. SABIC observes that in the proposed 326 lAC 8-3-0.5, a temperature is described as "

...greater than ninety-three (93) degrees Celsius (two hundred (200) degrees Fahrenheit)

..." However, 93°C equals 199.4°F, which rounds to 199°F, not 200. SABIC's conversion would appear to be correct. However, using accepted scientific convention and significant figures, the conversion is completed as follows: TF = (1.8 x Tc)+ 32. In this example, (1.8 x 93) + 32=199.4°F. The answer 199.4°F contains 4 significant figures, butthe least numberof significant figures in this problem is two (2). Therefore, the correct answer must contain only 2 significant figures. The conversion (199.4) must be rounded to two (2) significant digits. To maintain two (2) significant digits, the digits '4' in the tenths place and the digit '9' in the ones place must be dropped. Dropping the '9' requires increasing the value by one (1 ). This results in the Fahrenheit value becoming 200 which is the value that is correctly stated in the rule language. IDEM declines to place the word "approximately" immediately before the value in the parentheses. The English values provided in the parentheses throughout the rule are the values that will be used for compliance determinations, based on IDEM's conversions using the appropriate number ofsignificant figures. IDEM has checked and confirmed that all the conversions stated in the rule represent appropriate values. IDEM presents both numbers to avoid possible confusion or errors resulting from incorrect conversions. Additionally, these methods are consistent throughout IDEM's rules. Regulated sources have the option of using eitherthe metric or English units when complying with the rule. Comment: The proposed rule is inconsistent in how it refers to a cold cleaner degreaser. In some locations, the phrase is used. In other locations, the phrase cold "cleaning" degreaser is used. The regulatory term is "cold cleaner degreaser" (see 326 lAC 1-2-18.5). That term should be used throughout the proposed rule. (SABIC) Response: IDEM concurs "cleaning" should be "cleaner" in reference to "cold cleaner degreasers" and has made the changes in the draft rule. Comment: The proposed record keeping requirement in 326 lAC 8-3-8(d)(1) mandates that the records "be retained on-site" for a required period. However, given the prevalence of electronic record keeping and storage of such data on remote servers, SABIC suggests that this provision be revised to read as follows:"

... shall be (1) retained on-site or accessible electronically from the site forthe most recent...." (SABIC) Response: IDEM concurs that the addition ofthis language will provide clarity to sources and has made the suggested change. Comment: Several grammatical changes should be made: (a) In 3261AC 8-3-1(a)(2), 326 lAC 8-3-1(a)(4), 326 lAC 8-3-1(a)(5) and 326 lAC 8-3-1(b)(2), the word "state" should be changed to "State". (b) In 326 lAC 8-3-1 (a)(3)(B) and 326 lAC 8-3-1 (a)(3)(C), 326 lAC 8-3-6(a)(3), 326 lAC 8-3-6(b)(11), 326 lAC 8-3-7(a)(2) and 326 lAC 8-3-7(b)(6), "airto solvent" should be changed to "air-to-solvent". (c) In 326 lAC 8-3-8(d)(1), "three (3) year" should be changed to "three (3)-year". (d) In 326 lAC 8-3-8(d)(2), "two (2) year" should be changed to "two (2)-year". (SABIC) Response: The format ofthe word "state" and the phrases "three (3) year" and "two (2) year" are specified by the Legislative Services Agency for use in regulatory language and cannot be changed. When drafting rule language, IDEM must comply with the requirements for administrative rules setforth in the Administrative Rules Drafting Manual, prepared by the Legislative Services Agency. These suggested changes do not meet LSA standards for rule language. For review of administrative rule standards please referto the manual available on the website ofthe Indiana General Assembly at: http://www.in.gov/legislative/pdf/IACDrftMan.PDF IDEM concurs that "airto solvent" should be changed to "air-to-solvent", and has made the suggested change. REQUEST FOR PUBLIC COMMENTS This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one ofthe following ways: (1) By mail or common carrierto the following address:

LSA Document #07-352 VOC Degreasers Christine Pedersen Mail Code 61-50

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 4Indiana Register Rule and State Implementation Plan Development Section Office ofAir Quality Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204-2251 (2) By facsimile to (317) 233-5967. Please confirm the timely receipt offaxed comments by calling the Rule and State Implementation Plan Development Section at (317) 234-6530. (3) By electronic mail to cpederse@idem.in.gov. To confirm timely delivery ofsubmitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part ofthe official written comment period unless they are sent to the email address indicated in this notice. (4) Hand delivered to the receptionist on duty at the tenth floor reception desk, Office ofAir Quality, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana. Regardless ofthe delivery method used, in order to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number ofthe rulemaking. COMMENT PERIOD DEADLINE All comments must be postmarked, faxed, or time stamped no later than April13, 2012. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. Additional information regarding this action may be obtained from Christine Pedersen, Rule and State Implementation Plan Development Section, Office ofAir Quality, (317) 233-5684 or (800) 451-6027 (in Indiana). DRAFT RULE SECTION 1. 326 lAC 8-3-1 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-1 Applicability and exemptions Authority: IC 13-14-8; IC 13-17 Affected: IC 13-17-3

Sec. 1. (a) Sections 2 through 

### 4 ofThis rule applies to the following: (1) Persons owning or operating degreasers using organic solvents that contain one (1) or more volatile organic compounds (VOCs). (2) Any person who sells, offers for sale, uses, or manufactures organic solvent for use in cold cleaner degreasers. (b) For purposes ofthis section, "electronic components" means all components of an electronic assembly, including, but not limited to, the following: (1) Circuit board assemblies. (2) Printed wire assemblies. (3) Printed circuit boards. (4) Soldered joints. (5) Ground wires. (6) Bus bars. (7) Any other associated electronic component manufacturing equipment. (c) Unless exempted in subsection (d), this rule apply to the follo',.,.ing: applies to persons owning or operating degreasers as follows: (1) E>dsting facilities as ofSections 2(a), 3(a), and 4(a) ofthis rule apply to the following degreasers:

(A) Degreasers constructed on or before January 1, 1980, performing organic solvent degreasing operations that are located:

(i) in Clark, Elkhart, Floyd, Lake, Marion, Porter, 

### aR6 or St. Joseph counties; County; and which are located 

### (ii) at sources 

### wAieR that have potential emissions of ninety and seven-tenths (90.7) megagrams (one hundred (100) tons) or greater peryear ofVOC. (2)**~Jew** facilities (B) Degreasers constructed after January 1, 1980, performing organic solvent degreasing operations located anywhere in the state.

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 5Indiana Register 

## tat (2) Sections

# e2 through+ 4 ofthis rule apply to the following degreasers: (1) The follmNing facilities performing organic solvent degreasing operations

(A) Cold cleaner degreasers without remote solvent reservoirs that:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, af!G or St. Joseph counties; meisting as ofduly 1, 1990: County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. (/\) Gold eleanor degreasers '.Vithout remote solvent reservoirs. (B) Open top vapor degreasers with an air-to-solvent interface ofone (1) square meter (ten and eight-tenths (1 0.8) square feet) or greaterthat:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, or St. Joseph County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. (C) Conveyorized degreasers with an air-to-solvent interface oftwo (2) square meters (twenty-one and six-tenths (21.6) square feet) or greater that:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, or St. Joseph County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. These facilities shall attain oomplianoe '•Yith this rule no later than duly 1, 1991. (2) Any new facility, construction ofwhioh oommenoes after duly 1, 1990, ofthe types described in subdivision (1) located in any county. 

### te) (3) Section 8 ofthis rule applies to any person who sells, offers for sale, uses, or manufactures solvent for use in cold Gleaning cleaner degreasers in the following eounties: as follows:

(A) Before January 1, 2013, in the following counties:



## f-11 (i) Clark. 

## t21 (ii) Floyd. 

## f61 (iii) Lake.**~** (iv) Porter. (B) On and afterJanuary 1, 2013, anywhere in the state. (d) The following degreasers and solvent material uses are exempted from this rule: (1) Sections 2 through 4 ofthis rule do not apply to the following organic solvent degreasing operations: (A) Degreasers that are required to complywith and are operated in compliance with 326 lAC 20-6-1 that incorporates by reference 40 CFR 63, SubpartT*, National Emissions Standards for Hazardous Air Pollutants for Halogenated Solvent Cleaning. (B) Degreasers that use organic solvents that contain less than one percent (1 %) ofVOCs by weight and that are not located in Clark, Floyd, Lake, or Porter County. (C) Degreasers existing priorto January 1, 1980that are not located in Clark, Floyd, Lake, or Porter County. (2) Section 8 ofthis rule does not apply to the following:

(A) Organic solvents used in degreasers to clean electronic components. (B) Organic solvents used in degreasers that are required to comply with and are operated in compliance with the requirements of326 lAC 20-15-1, which incorporates by reference 40 CFR 63, Subpart GG*, National Emission Standards forAerospace Manufacturing and Rework Facilities, and that are not located in Clark, Floyd, Lake, or Porter County. (C) Cleaning solvents containing less than one percent (1%) VOCs by weight used in degreasers and that are not located in Clark, Floyd, Lake, or PorterCounty. *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 available for review and copying at the Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 3261AC 8-3-1; filed Mar 10, 1988, 1:20p.m.: 111R2537; filedApr 18, 1990, 4:55 p.m.: 131R 1679; filedApr27, 1999, 9:06a.m.: 221R 2854; readopted filed Jan 10, 2001, 3:20p.m.: 241R 1477)

SECTION 2. 326 lAC 8-3-2 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-2 Cold cleaner degreaser control equipment and operating requirements Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 6

### Indiana Register

Sec. 2. (a) The owner or operator of a cold cleaning facility cleaner degreaser shall ensure the following control equipment and operating requirements are met: (1) Equip the cleaner degreaserwith a cover. (2) Equip the cleaner degreaserwith a

### faeHlty devicefor draining cleaned parts. (3) Close the degreaser cover whenever parts are not being handled in the cleaner; degreaser. (4) Drain cleaned parts for at least fifteen (15) seconds or until dripping ceases. (5) Provide a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions (3), (4), (6), and (7). (6) Store waste solvent only in covered closed containers. and not dispose (7) Prohibitthe disposal ortransferofwaste solvent ortransfer it to another party, in such a mannerthat could allow greater than twenty percent (20%) ofthe waste solvent (by weight) 60fl

### to evaporate into the atmosphere. (b) The owner or operator ofa cold cleaner degreaser subjectto this subsection shall ensure the following additional control equipment and operating requirements are met: (1) Equip the degreaserwith one (1) ofthe following control devices ifthe solvent is heated to a temperature ofgreaterthan forty-eight and nine-tenths (48.9) degrees Celsius (one hundred twenty (120) degrees Fahrenheit):

(A) A freeboard that attains a freeboard ratio ofseventy-five hundredths (0.75) or greater. (B) A water coverwhen solvent used is insoluble in, and heavierthan, water. (C) A refrigerated chiller. (D) Carbon adsorption. (E) An alternative system ofdemonstrated equivalent or better control as those outlined in clauses (A) through (D) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. (2) Ensure the degreaser cover is designed so that it can be easily operated with one (1) hand ifthe solvent is agitated or heated. (3) If used, solvent spray: (A) must be a solid, fluid stream; and (B) shall be applied at a pressure that does not cause excessive splashing. (AirPollution Control Board; 326 lAC 8-3-2: filed Mar 10, 1988, 1:20p.m.: 11 IR 2537; readopted filed Jan 10, 2001, 3:20p.m.: 241R 1477)



### SECTION 3. 326 lAC 8-3-3 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-3 Open top vapor degreaseroperation Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 3. (a) The owner or operator ofan open top vapor degreaser shall ensure the following control equipment and operating requirements are met: (1) Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone. (2) Keep the cover closed at all times except when processing workloads through the degreaser. (3) Minimize solvent carryout by:

(A) racking parts to allow complete drainage; (B) moving parts in and out ofthe degreaser at less than three and three-tenths (3.3) meters per minute (eleven (11) feet per minute); (C) degreasing the workload in the vapor zone at least thirty (30) seconds or until condensation ceases; (D) tipping out any pools ofsolvent on the cleaned parts before removal; and (E) allowing parts to drywithin the degreaser for at least fifteen (15) seconds or until visually dry. (4) not degrease Prohibitthe entrance intothe degreaserof porous or absorbent materials, such as cloth, leather, wood, or rope. (5) not occupy Prohibit occupation of more than 

### flalf one-half (112) ofthe degreaser's open top area with the workload. (6) not load Prohibitthe loading ofthe degreaser such that in a mannerthat causes the vapor level 

### 6f:ef7S

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 7

### Indiana Register to drop more than fifty percent (50%) ofthe vapor depth when the workload is removed. (7) neverspray Prohibit solvent spraying above the vapor level. (8) Repair solvent leaks immediately, or shut down the degreaser if leaks cannot be repaired immediately. (9) Store waste solvent only in covered closed containers. and not dispose (10) Prohibitthe disposal ortransfer ofwaste solvent or transfer it to another party, such in a mannerthat could allow greaterthan twenty percent (20%) ofthe waste solvent (by weight) can evaporate into the atmosphere. (10) not (11) Prohibitthe use ofworkplace fans near the degreaser opening. (11) not allow (12) Prohibitvisually detectable water in the solvent exiting the water separator. 

### aFl6**~** 

### (13) Provide the degreaserwith a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions (2) through (12). (b) The owner or operatorofan open top vapor degreasersubjectto this subsection shall ensure the following additional control equipment and operating requirements are met: (1) Equipthe degreaserwith the following switches:

(A) A condenserflow switch and thermostatthat shuts offsump heat ifcondenser coolant stops circulating or becomes too warm. (B) A spray safety switch that shuts offspray pump ifthe vapor level drops more than ten (10) centimeters (four (4) inches). (2) Equip the degreaserwith one (1) ofthe following control devices:

(A) A freeboard ratio ofseventy-five hundredths (0.75) orgreater and a powered cover ifthe degreaser opening is greaterthan one (1) square meter (ten and eight-tenths (10.8) square feet). (B) A refrigerated chiller. (C) An enclosed design in which the cover opens onlywhen the article is actually entering orexiting the degreaser. (D) A carbon adsorption system with ventilation that, with the cover open, achieves aventilation rate ofgreaterthan orequal to fifteen (15) cubic meters per minute persquare meter (fifty (50) cubic feet per minute persquare foot) ofair-to-vapor interface area and an average of less than twenty-five (25) parts per million ofsolvent is exhausted overone (1) complete adsorption cycle. (E) An alternative system of demonstrated equivalent or better control as those outlined in clauses (A) through (D) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. (3) Prohibitthe loading ofthe degreaserto the pointwhere the vapor level would drop more than ten (10) centimeters (four (4) inches) when the workload is removed. (4) Prohibitthe exhaustventilation rate from exceeding twenty (20) cubic meters per minute per square meter (sixty-five (65) cubic feet per minute persquare foot) of degreaser open area unless a greaterventilation rate is necessaryto meet Occupational Safety and Health Administration requirements. (5) Ensure that the label required undersubsection (a)(13) includes the additional operating requirements listed in subdivisions (3) and (4). (AirPollution Control Board; 326/AC 8-3-3; filed Mar 10, 1988, 1:20p.m.: 11/R2537; readopted filedJan 10, 2001, 3:20p.m.: 24 IR 1477)



### SECTION 4. 326 lAC 8-3-4 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-4 Conveyorized degreasercontrol equipment and operating requirements Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 4. (a) The owner or operator ofa conveyorized degreaser shall ensurethe following control equipment and operating requirements have been met: (1) Minimize carryout emissions by:

(A) racking parts for Best 

### optimal drainage; and (B) maintaining the vertical conveyor speed at less than three and three-tenths (3.3) meters per minute (eleven (11) feet per minute). (2) Store waste solvent only in covered closed containers. and not dispose (3) Prohibitthe disposal ortransferofwaste solvent or transfer it to another party, in Sl:I€R

### a manner that

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 8

### Indiana Register could allow greaterthan twenty percent (20%) of the waste solvent (by weight) can evaporate into the atmosphere. 

## f31 (4) Repair solvent leaks immediately, or shut down the degreaser if leaks cannot be repaired immediately. 

## t4t-ftet (5) Prohibitthe use ofworkplace fans near the degreaser opening. (5) not allow (6) Prohibitvisually detectable water in the solvent from exiting the water separator. 

### a-R6 (6) provide (7) Equip the degreaserwith a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions (1) through (5). (b) The owneror operator of a conveyorized degreasersubjectto this subsection shall ensure the following control equipment and operating requirements are met: (1) Equip the degreaser's entrances and exits with downtime covers that are closed when the degreaser is not operating. (2) Equip the degreaserwith the following switches:

(A) A condenserflow switch and thermostatthat shuts offsump heat ifcondenser coolant stops circulating or becomes too warm. (B) A spray safety switch that shuts offspray pump ifthe vapor level drops more than ten (1 0) centimeters (four (4) inches). (C) A vapor level control thermostat that shuts offsump heatwhen vapor level rises morethan ten (10) centimeters (four (4) inches). (3) Equip the degreaserwith entrances and exits that silhouette workloads in such a mannerthatthe average clearance between the articles and the degreaser opening is either less than ten (10) centimeters (four (4) inches) or less than ten percent (10%) ofthe width ofthe opening. (4) Equip the degreaserwith a drying tunnel, rotating ortumbling basket, or other equipmentthat prevents cleaned articles from carrying out solvent liquid orvapor. (5) Equip the degreaserwith one (1) ofthe following control devices:

(A) A refrigerated chiller. (B) A carbon adsorption system with ventilation that, with the downtime covers open, achieves a ventilation rate ofgreaterthan or equal to fifteen (15) cubic meters per minute per square meter (fifty (50) cubic feet per minute per square foot) ofair-to-solvent interface area, and an average of less than twenty-five (25) parts per million ofsolvent is exhausted over one (1) complete adsorption cycle. (C) An alternative system ofdemonstrated equivalent or better control as those outlined in clause (A) or (B) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. (6) Prohibitthe exhaustventilation rate from exceeding twenty (20) cubic meters per minute per square meter (sixty-five (65) cubic feet per minute per square foot) ofdegreaser opening unless a greaterventilation rate is necessaryto meet Occupational Safety and Health Administration requirements. (7) Coverentrances and exits at all times except when processing workloads through the degreaser. (8) Ensure thatthe label required under subsection (a)(6) includes the additional operating requirements listed in subdivisions (6) and (7). (AirPollution Control Board; 326 lAC 8-3-4; filed Mar 10, 1988, 1:20p.m.: 11 IR 

### 2537; readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1477)



### SECTION 5. 326 lAC 8-3-8 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-8 Material requirements for cold cleaner degreasers Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 8. (a) Material requirements specified in this section applies to the users, providers, and manufacturers ofsolvents for use in cold cleaning cleaner degreasers apply as follows: (1) Before January 1, 2013, in Clark, Floyd, Lake, and Porter counties. mwept for solvents intended to be used to olean electronic components. (2) On and afterJanuary 1, 2013, anywhere in the state.

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 9Indiana Register (b) 1\s used in this seotion, "eleotronio oomponents" means all oomponents of an eleotronio assembly, inoluding, but not limited to, the following: (1) Girouit board assemblies. (2) Printed wire assemblies. (3) Printed oirouit boards. (4) Soldered joints. (6) Ground wires. (e) Sus bars. (7) Any other assooiated eleotronio oomponent manufaoturing equipment. 

## te1 (b) Material requirements are phased in as follows: (1) On and after November 1, 1999, no person shall do the following:

0'\) Gause or allo•.v the sale ofsolvents for use in sold oleaning degreasing operations 'Nith a vapor pressure that mweeds two (2) millimeters of meroury (thirty eight thousandths (0.038) pound per square inoh) measured at t>.venty (20) degrees Celsius (sil<ty eight (e8) degrees Fahrenheit) in an amount greaterthan five (6) gallons during any seven (7) oonseoutive days to an individual or business. (8) Operate a sold oleaning degreaser 'Nith a solvent vapor pressure that mweeds two (2) millimeters of meroury (thirty eight thousandths (0.038) pound per square inoh) measured at t'.venty (20) degrees Celsius (sil<ty eight (e8) degrees Fahrenheit). (2) On and after May 1, 2001, no person shall do the following: 

### (A} (1) No person shall cause or allow the sale of organic solvents for use in cold Gleaning cleaner degreasing operations with a vapor pressure that exceeds one (1) millimeter of mercury (nineteen-thousandths (0.019) pound per square inch) measured at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit) in an amount greaterthan five (5) gallons during any seven (7) consecutive days to an individual or business. 

## tB1 (2) No person shall operate a cold oleaning cleaner degreaserwith a solvent an organic vapor pressure that exceeds one (1) millimeter of mercury (nineteen-thousandths (0.019) pound per square inch) measured at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). (d) On and after**~Jovember** 1, 1999, the following (c) Record keeping requirements shall be followed: are as follows: (1) All persons subject to the requirements of subsection (o)(1 )(/\) and (o)(2)(/\) (b)(1) shall maintain all ofthe following records for each sale: (A) The name and address ofthe solvent purchaser. (B) The date of sale. (C) The type of solvent sold. (D) The volume of each unit ofsolvent sold. (E) The total volume ofthe solvent sold. (F) The true vapor pressure ofthe solvent measured in millimeters of mercury at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). (2) All persons subject to the requirements ofsubsection (o)(1 )(8) and (o)(2)(8) (b)(2) shall maintain each of the following records for each purchase: (A) The name and address ofthe solvent supplier. (B) The date of purchase. (C) The type ofsolvent purchased. (D) The volume of each unit ofsolvent purchased. (E) The total volume ofthe solvent purchased. (F) The true vapor pressure ofthe solvent measured in millimeters of mercury at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). 

## te1 (d) All records required by subsection 

## t6J (c) shall be: (1) retained on-site or accessible electronically from the site for the most recent three (3) year period; and shall be (2) reasonably accessible for an additional two (2) year period. (AirPollution Control Board; 3261AC 8-3-8; filedApr27, 1999, 9:06a.m.: 221R 2854; readopted filedJan 10, 2001, 3:20p.m.: 241R 1477)

SECTION 6. THE FOLLOWING ARE REPEALED: 3261AC 8-3-5; 326 lAC 8-3-6; 326 lAC 8-3-7.

Date: Mar 01,2013 2:40:20PM EST DIN: 20120314-IR-326070352SCA Page 10Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD Change in Notice of Public Hearing LSA Document #07-352 The Air Pollution Control Board gives notice that the date ofthe public hearing for LSA Document #07-352, posted at 20120314-IR-326070352SCA, has been changed. The changed Notice of Public Hearing appears below: Notice ofPublic Hearing UnderIC 4-22-2-24, IC 13-14-B, and IC 13-14-9. notice is herebygiven that on August 1, 2012, at 1:00p.m., at the Indiana Government CenterSouth, 302 West Washington Street, Conference CenterRoom 

### C, Indianapolis, Indiana, the AirPollution Control Board will hold

### a public hearing on preliminaryadoption of amendments concerning organic solvent degreasing operations at326 lAC B-3. The purpose ofthis hearing is to receive comments from the publicpriorto preliminaryadoption ofthese rules by the board. Allinterestedpersons are invited and willbe given reasonable opportunityto express their viewconcerning the proposed amendments. Oralstatements willbe heard, but, forthe accuracyofthe record, all comments shouldbe submittedin writing. Additionalinformation regarding this action maybe obtainedfrom Susan Bern, Rule and State Implementation Plan Development Section, Office of AirQuality, (317) 233-5697 or(BOO) 451-6027 (in Indiana). Individuals requiring reasonable accommodations forparticipation in this eventshould contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Actcoordinatorat: Attn: ADA Coordinator Indiana Department ofEnvironmental Management 100 North Senate Avenue Indianapolis, IN 46204-2251 oreal/(317) 233-17B5 (V). Speech andhearing impaired callers maycontact IDEM via the Indiana Relay Service (711) or(BOO) 7 43-3333. Please provide 

### a minimum of72 hours notification. Copies ofthese rules are now on file at the Office of Air Quality, Indiana Department ofEnvironmental Management, Indiana Government CenterNorth, 100 North Senate Avenue, Tenth FloorEast andLegislative Services Agency, Indiana Government CenterNorth, 100 North Senate Avenue, Room N201, Indianapolis, Indiana andare open forpublic inspection. Scott Deloney, Chief Air Programs Branch Office ofAir Quality

Posted: 04/25/2012 byLegislative Services Agency An html version ofthis document.

Date: Mar 01,2013 2:41:56PM EST DIN: 20120425-IR-326070352CHA Page 1I.! 

## IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOurEnvironment. Mitchell E. 

### DanielsJr. 100 North Senate Avenue Governor 

### Thomas W Easterly Commissioner



### July 13, 2012



### CERTIFICATE OF PUBLICATION Indianapolis, Indiana 46204 (317) 232-8603 Toll Free (800) 451-6027 www.idem.IN.gov



### This is to certifythatthe IndianaDepartmentofEnvironmentalManagement (IDEM)Notice of PublicHearings regardingthefollowing rulemaking actions:

• Final Adoption, AirCurtainDestructors, LSA#11-317 • Final Adoption, Sewage Sludge Incineration,LSA#11-586 • PreliminaryAdoption,Lead StandardAttainment, LSA#11-774 • PreliminaryAdoption, Degreasing Operations, LSA#07-352

waspublished onIDEM'sweb site onJune 21, 2012. Itremainedposted onthe site until atleast August 1, 2012. The notice infull maybefound atthe following web address, underthe "Statewide" category. http://www.in.gov/idem/5474.htm Webpublication ofthe noticewas attherequest ofScottDeloney, Branch Chief, Programs Branch, Office ofAir Quality, IDEM. '



### Attachments: Copy ofwebpage as published.

RecycledPaper 

### @ 

### By:

Mike Finklestein IDEMWebmaster

An Equal Opportunity Employer Please Recycle 

## 0IDEM!lomeAboutContacte-S.ervicesFundingf·levi_s,&E"entsPublications&FormsResourcesVideoandAudioLibraryInformsfioriForAgricultureBusinesses&ConsultantsCitiz.ensEducatorsGovernment·KidsMedia·Resear·chersEnvironmentalInformationYourCommunityYourEn'lironmentAirToxicsProgramBlue-GreenAlgae.Re·cycleIndianaWatershedsandNonpointSourceWaterPollutionPublic.N'Otices:ThisisPub.licNoticeSitefornotices·coveringtheentire.Sta.te·of-lndfana.T!lis:p;age.isdesignedtoprovidepubllcaceess·!O)>ll'agencystate-widepublicnoticesasrequiredbystatuteorruleIncluding:·permitting;'ruleinal<ing,meetingandhearingnotices..Ciicl(highlightedlinr.stoviewadditionalinform·ationrelatedtothenotice.Forpublicmeetingsnetrequiringnotices.pleasecheckthe:IDEM,CaleMar.··Subscriptions:.wanttirl<nii\rifaboui-riewriotieeS'assoonasthey'reposted'?Youcanriowsli!Jscrjbetottiisregion'alj!Ublicrioticepage•.Bysubscribingtoaregion;youwilLbesentane-mailortexrmessagetoyoufphoneeverytimeiJlJEM-3ddsinf•Jrmationtothisregionalpage.Thisallowsyou.tostaycurrentonallpostingandnevermissanewposting.Tosujjscribe,clicl<on-thesubscriptionlinkinthelett·handcolumn.-f::rSe-'to\'.age.Siudgi:-lncln-arsticnU·nJt3Ve-hldeEmission8ud·getsReplacementM3intanan:0:..Ala.s;icf0'5.:1s.v.·ar8Co-un-ty,lndis.n:a,uthBend·Eikh.srt,\ndisn.a-mrtheYesYes.AQ.Cre.ssenNcticeAQdTE$;-cnN:>tio:Add'ris.sin_tio"tiOa

### .I' 

### LegalNotice ofPublic Hearing Under40 CFR51.102 and40 CFR60.23, notice is hereby giventhattheIndianaAirPollution ControlBoard (board) will hold a publichearing atits regularly scheduled meeting on Wednesday, August 1, 2012. The meetingwill convene at 1:00p.m. atthe Indiana Government Center-South, Conference Room C, 302WestWashington Street, Indianapolis, Indiana. The purpose ofthehearingisto receivepublic commentspriorto theproposed actions. All interested persons are invited and willbe givenreasonable opportunityto express theirviews concerning theproposed action. Copies oftheproposedrules are availableto anypersonuponrequest and are available for public inspection atthe following locations: IndianaDepartment ofEnvironmentalManagement, Office ofAir Quality, Indiana Government Center-North, 100NorthSenateAvenue, lOthfloor-East wing, Indianapolis, Indiana46204. Legislative Services Agency, Indiana Government Center-North, 100North Senate Avenue, RoomN201, Indianapolis, Indiana46204. IndianaDepartment ofEnvironmentalManagement,Northwest Office, 8380 Louisiana Street, Merrillville, Indiana46410. IndianaDepartment ofEnvironmentalManagement,Northern Office, Suite450, 300N. Michigan Street, SouthBend, Indiana46601. IndianaDepartment ofEnvironmentalManagement, Southwest Office, 1120North Vincennes Avenue, P.O. Box 128, Petersburg, Indiana47567-0128

. IndianaDepartment ofEnvironmentalManagement, Southeast Office, 820 West Sweet Street, Brownstown, Indiana47220-9557. Indianapolis Central Library, 40 East St. Clair Street, Indianapolis, Indiana46204. HammondPublicLibrary, 564 State Street, Hammond, Indiana46320. Allen CountyPublicLibrary, 900 LibraryPlaza, FortWayne, Indiana46802. Evansville VanderburghPublicLibrary, 200 SEMartinLuther King Jr. Blvd., Evansville, Indiana47713. Board documents maybe viewed anddownloaded fi:om the IndianaDepartment of EnvironmentalManagement's Web site as early as one weekpriorto the meeting at http:/ /www.in.gov/idem/471O.htm. MterDecember 1, 2012, legalnotices for public hearings beforetheAirPollution Control Board shallno longer be published in newspapers, butwillbefound on the Indiana Department ofEnvironmentalManagementweb site at: http://www.in.gov/idem/5474.htm. Thefollowing rules are noticedforhearing and action: Air CurtainDestructors (LSA#ll-317). Thepurpose ofthis hearing is to receivepublic comment on amendments to 326 lAC 1-2-2.5 and 326 lAC4-1 concerning air curtain destructors that are proposedfor final adoptionbytheboard. Theproposedrulewould allow theuse of portable, self-contained air curtain destructors withoutbeinglimitedbythe specificrequirements that applyto pittype units.

### Foradditional information concerningthisrule contact SusanBern atthe Indiana ( i 

### Department ofEnvironmentalManagement, Office ofAir Quality, Room 1003, Indiana Government CenterNorth, 100North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. Sewage SludgeIncineration (LSA#ll-586). Thepurpose ofthis hearingisto receivepublic commenton amendments to 326 lAC 11-10 concerning sewage sludge incinerators located at wastewatertreatmentplants designedto treatdomestic sewage sludgethat areproposedfor final adoptionbytheboard. Theproposedrule incorporates federal air emissionrequirementsthat establish emission guidelines for existing sources. Thisrulewillprovidethe legal mechanismto implementtherevisions tothe federal requirements andwillbepart ofthe state planthat IDEM will submitto U.S. EPAfor approval, asrequired by Sections 111(d) and 129 ofthe CleanAir Act. Foradditionalinformation concerningthisrule contact SusanBern atthe Indiana Department ofEnvironmentalManagement, Office ofAir Quality, Room 1003, Indiana Government CenterNorth, 100North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. Lead StandardAttainment (LSA#ll-774). Thepurpose ofthis hearingis to receivepublic commentonamendments to 326 lAC 1-4, concerning attainment ofthe leadnational ambient air quality standards (NAAQS) and, 326 lAC 15, concerning administrative changes, therepeal of 326 lAC 20-13, and a newrule at 326 lAC 20-13.1 reflectingupdates to the federal national emission standards for hazardous airpollutants (NESHAP). The draftrule addresses the attainment status ofcounties for thenewlead standard, provides expedited complianceto address the Munice areanonattainment area, andincorporates thefederal secondary lead smelter NESHAP. Foradditional information concerningthisrule contactRyan Knapick atthe Indiana Department ofEnvironmentalManagement, Office ofAir Quality, Room 1003, Indiana Government CenterNorth, 100North SenateAvenue, Indianapolis at (317) 232-8229 or (800) 451-6027 (ext. 2-8229)(inIndiana), orrknapick@idem.in.gov. DegreasingOperations (LSA#07-352). Thepurpose ofthis hearing is toreceive public commentonamendments to 326 lAC 8-3, concerning degreasing operations, that areproposed for preliminary adoptionbytheboard. The draftrule extends cold cleaning degreasing requirementto all counties inthe state, exempts certaintypes ofsources thatare subjectto related federal rules, streamlinesthe structure oftherule, eliminates duplicative language and clarifiesrule language. Foradditional information concerning this rule contact SusanBern atthe Indiana Department ofEnvironmentalManagement, Office ofAir Quality, Room 1003, Indiana Government CenterNorth, 100 North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. Forthesehearings, oral statements willbe heard, butfor the accuracy oftherecord, please submit statements inwritingto the attendant designatedto receive writtencomments at thepublichearings. (

('

### A transcript ofthe hearings and all written submissions to theboard atthe public hearings shallbe opento public inspection atthe IndianaDepartmentofEnvironmental Management; copies maybemade availableto anypersonuponpayment ofreproduction costs. Anyperson heard orrepresented atthe hearings orrequesting notice shall be givenwrittennotice ofthe actions ofthe board. Christine Pedersen, Chief Rule and StateImplementationPlanDevelopment Section Office ofAir Quality 

# ****************************************************************************** Individualsrequiringreasonable accommodations for participationinthis event should contact the IndianaDepartment ofEnvironmental Management, Americans withDisabilitiesAct coordinator at: Attn: ADA Coordinator IndianaDepartment ofEnvironmental Management 100N. Senate Avenue Indianapolis, IN46204

or call (317) 233-1785. Speech andhearing impaired callers maycontactthe agencyviathe IndianaRelay Service at 1-800-743-3333. Pleaseprovide a minimum of72hours' notification.

### (I



### \I(i



### (' 

## INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOurEnvironment. MitchellE. DanielsJr. 100 North Senate Avenue Governor 

### Thomas 

### W. Easterly Commissioner



### October 25, 2012



## CERTIFICATE OF PUBLICATION Indianapolis, Indiana 46204 (317) 232-8603 Toll Free (800) 451-6027 www.idem.IN.gov



### This is to certifythatthe IndianaDepartmentofEnvironmental Management (IDEM)Notice of Public Hearings regardingthe following rulemaking actions:

• Adoption, OzoneDesignations EmergencyRule • Adoption,National AmbientAir Quality Standards (NAAQS) Updates, LSA#12-510 • FinalAdoption, SolventDegreasing Operations, LSA#07-352 • FinalAdoption, Lead StandardAttainment, LSA#11-77 4

waspublished onIDEM's web site on October 5, 2012. Itwillremainpostedonthe site until at leastNovember 7, 2012. Thenotice infull maybe found atthefollowing web address, underthe "Statewide" category. http:/ /www.in.gov/idem/5474.htm Webpublicationofthenotice was attherequest ofScottDeloney, Branch Chief, Programs Branch, Office ofAir Quality, IDEM.

Attachments: By:

MikeFinklestein IDEMWebmaster

I ' 

### Copy ofweb page as published.

RecycledPaper 

### @ AnEqual OpportunityEmployer Please Recycle ()

### ( i



### ('

('StatewideOnlineServicesllliillI•Text·FrequentlyAskedI•TextReaderQuestiOnS.I•Mobile•.FindaPersonCalendaril·-mfl•FindanAgency••JN.g,ovUserSuNe)'•AdvancedSearch·InformationFor.•B•Kids•LocalGovernment•R.esid·ents•StateEmployees•Vendnrs:&Lobbyists•VisftarsStateinfo:•Help.•Newsro.om•Transpal'ency•Poficies•••c.WebAwards•1-800-451-6027jA;>plit:anlComj>Sny:!WhiteCountyCommissionasIDEM![}Numb·a(Pamitj:2{)12-463-91-JWR-AElectedOfficialsa.legislativeJudicial( i(

(I 

### LegalNotice ofPublic Hearing Under40 CPR51.102, notice is hereby giventhatthe IndianaAirPollutionControl Board (board) willhold apublichearing atits regularly scheduledmeeting onWednesday, November 7, 2012. The meetingwill convene at 1:00 p.m. atthe Indiana Government Center-South, ConferenceRoom C, 302 WestWashington Street, Indianapolis, Indiana. Thepurpose ofthe hearing isto receivepublic commentspriorto the proposed actions. All interestedpersons are invited andwill be givenreasonable opportunityto express theirviews concerningtheproposed action. Copies oftheproposedrules are available to anypersonuponrequest and are available for public inspection atthe following locations: IndianaDepartmentofEnvironmentalManagement, Office ofAir Quality, Indiana Government Center-North, 100North Senate Avenue, lOthfloor-East wing, Indianapolis, Indiana46204. Legislative Services Agency, Indiana Government Center-North, 100North Senate Avenue, RoomN201, Indianapolis, Indiana46204. IndianaDepartmentofEnvironmental Management,Northwest Office, 8380 Louisiana Street, Merrillville, Indiana46410. Indil;l.naDepartmentofEnvironmentalManagement,Northern Office, Suite450, 300N. Michigan Street, SouthBend, Indiana46601. IndianaDepartmentofEnvironmentalManagement, Southwest Office, 1120North Vincennes Avenue, P.O. Box 128, Petersburg, Indiana47567-0128. IndianaDepartmentofEnvironmental Management, Southeast Office, 820 West Sweet Street, Brownstown, Indiana47220-9557. Indianapolis CentralLibrary, 40 East St. Clair Street, Indianapolis, Indiana46204. HammondPublic Library, 564 State Street, Hammond, Indiana46320. AllenCountyPublic Library, 900 LibraryPlaza, FortWayne, Indiana46802. EvansvilleVanderburgh PublicLibrary, 200 SEMartinLutherKing Jr. Blvd., Evansville, Indiana47713. Board documents maybe viewed and downloaded from theIndianaDepartment of EnvironmentalManagement's Web site as early as one weekpriorto the meeting at http://www.in.gov/idem/4710.htm. AfterDecember 1, 2012, legal notices for publichearings beforetheAirPollution Control Board shallno longer be published in newspapers, butwillbefound on the Indiana Department ofEnvironmentalManagementweb site at: http://www.in.gov/idem/5474.htm. The following rules are noticed for hearing and action: NationalAmbientAir Quality Standards Updates (LSA#12-510). Thepurpose ofthis hearing is to receivepublic comment on amendmentsto 326 lAC 1-3-4 and 326 lAC 1-4-1 concerningthe national ambient air quality standards for N02, 

### 802, 

### PM2.5 

### andPM10. These revisions willprovide consistencybetween state and federal rules concerningthese air quality standards.

### Foradditional infmmationconcerningthis rule contactRyanKnapick atthe Indiana ( '· Department ofEnvironmentalManagement, Office ofAir Quality, Room 1003, Indiana Government CenterNorth, 100North Senate Avenue, Indianapolis at (317) 232-8229 or (800) 451-6027 (ext. 2-8229)(inIndiana), orrknapick@idem.in.gov. 

### Lead StandardAttainment (LSA#ll-774). The purpose ofthishearing is to receivepublic commentonamendments to 326 lAC 1-4 concerning attainment ofthe leadnational ambient air quality standards and 326 lAC 15 concerning administrative changes, the repeal of326 lAC20- 13, and anewrule at 326 lAC 20-13.1 reflectingupdates to thefederal national emission standardsfor hazardous airpollutantsthat are proposedfor final adoptionbythe board. The proposedrule addresses the attainment status ofcounties for the newlead standard, provides expedited complianceto address the Muncie areanonattainment area, andincorporates the federal secondarylead smelterNESHAP. Foradditional informationconcerningthis rule contactRyan Knapick atthe Indiana DepatimentofEnvironmentalManagement, Office ofAir Quality, Room 1003, Indiana Government CenterNorth, 100North SenateAvenue, Indianapolis at (317) 232-8229 or(800) 451-6027 (ext. 2-8229)(inIndiana), orrknapick@idem.in.gov. 

### Degreasing Operations (LSA#07-352). The purpose ofthis hearingisto receivepublic commenton amendments to 326 lAC 1-2-18.5 and 326 lAC 8-3 concerning degreasing operations, that areproposedfor final adoptionby the board. Theproposedrule extends cold cleaning degreasingrequirementto all counties intlie state, exempts certaintypes ofsourcesthat are subjectto related federal rules, streamlinesthe structure ofthe rule, eliminates duplicative language and clarifies rule language. Foradditional information concerning this rule contact SusanBern attheIndiana Department ofEnvironmentalManagement, Office ofAir Quality, Room 1003, Indiana Government CenterNorth, 100North SenateAvenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(inIndiana), or sbem@idem.in.gov. Forthese hearings, oral statements will beheard,butforthe accuracy oftherecord, please submit statements inwritingto the attendant designatedto receive written comments at thepublichearings. A transcript ofthehearings and all written submissions to theboard atthe publichearings shallbeopentopublicinspection atthe IndianaDepartmentofEnvironmentalManagement; copies maybemade availableto anypersonuponpayment ofreproduction costs. Anyperson heard orrepresented atthehearings orrequesting notice shallbe givenwrittennotice ofthe actions oftheboard. Christine Pedersen, Chief Rule and State ImplementationPlanDevelopment Section Office ofAir Quality 

# ****************************************************************************** Individualsrequiringreasonable accommodations forparticipationinthis event should contact the IndianaDepartment ofEnvironmentalManagement, Americans withDisabilitiesAct coordinatorat: Attn: ADA Coordinator I, I(i



### (



### \' 

### IndianaDepartment ofEnvironmentalManagement 100N. Senate Avenue Indianapolis, IN46204

or call (317) 233-1785. Speechandhearing impaired callers may contactthe agencyviathe IndianaRelay Service at 1-800-743-3333. Pleaseprovide a minimum of72hours' notification.( I

( 1**;~r** a'!' I i \ 

## 1 2 3 4 5 6 7 8 9 10 11 12 ( ' li-' 

## 13 14 15 16 17 18 19 20 21 22 23 BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF AUGUST 1 1 

## 2012 

# ORIGINAL

PROCEEDINGS before the Indiana Air Pollution Control Board 1 

## Dr. James Miner 1 

## Chairman 1 

## taken before me 1 

## Lindy L. Meyer 1 

## Jr. 1 

## a Notary Public in and for ,' 

## the State of Indiana 1 

## County of Shelby/ at the Indiana Government Center South 1 

## Conference Center 1 

## Room C 1 

## 402 West Washington Street 1 

## Indianapolis/ Indiana 1 

## on Wednesday/ August 1 1 

## 2012 at 1:00 o'clock p.m.

William F. Daniels 1 

## RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 12922 Brighton Avenue Carmel 1 

## Indiana 46032 (317) 848-0088 1

## 1 APPEARANCES: 2 BOARD MEMBERS: 3 Dr. James Miner, M.D., Chairman Randy Staley 4 David Benshoof Chris Horn 5 Jeffery L. Quyle Pamela Fisher, Proxy, Indiana Economic 6 Development Corporation Ronald D. Clark, Proxy, State Board of 7 Health John Bacone, Proxy, Department of 8 Natural Resources Tristan Vance, Proxy, Lieutenant 9 Governor 10 

## 11 12 13 14 15 

### 16 17 18 19 20 

### 21 22 23 

## IDEM STAFF MEMBERS: Thomas W. Easterly, IDEM Commissioner Keith Baugues, Asst. Commissioner Roger Letterman, Deputy Commissioner Scott Deloney Chris Pedersen Ryan Knapick Susan Bern Cheryl Carlson Ann Long Catherine Mitchell

PUBLIC SPEAKERS: None 2 (I

(I



### r:

### (! 

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

( 

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

1.' 

## MR. QUYLE: Aye. MR. STALEY: Aye. CHAIRMAN MINER: Opposed? Aye.

(No response.) CHAIRMAN MINER: The amended rules and the repeals have been preliminarily adopted.35

The next item on our agenda is a public hearing before the Air Pollution Control Board of the State of Indiana regarding preliminary adoption of amendments 326 IAC 8-3 concerning Solvent Degreasing Operations. We will now introduce Exhibit No. 5 thank you, Ms. Pederson

-- the draft rule, into the record of the hearing. Susan Bem? MS. BEM: This rulemaking amends 326 IAC 8-3 to extend the solvent requirements for cold cleaner degreasers to the entire state, provide certain exemptions for solvent degreasing operations, and streamline the structure of the rule by removing repetitive language. The amendments to Indiana's solvent

## 1 degreasing rule are one of a number of measures 2 suggested by the Lake Michigan Air Directors 36

3 Consortium, or LADCO, to reduce VOC emissions and 4 ozone formation in the upper midwest and the 5 

## eastern U.S. VOC's contribute to the formation 6 of ozone, and reducing VOC emissions help areas 7 meet the eight-hour ozone standard. 8 On March 12th, 2008, EPA revised the 9 

## eight-hour ozone NAAQS, and while the majority of 10 Indiana meets the new standard, there are two 11 areas that EPA has designated as nonattainment: 12 Northwest Indiana and Lawrenceburg Township in 13 Dearborn County. 14 In an effort to assist neighboring states 15 to comply with the federal requirements, LADCO 16 has been working with its member states to 17 identify and recommend regional controls that 18 would help states achieve attainment for the 19 

## eight-hour ozone NAAQS. This rulemaking 20 regarding regulation of VOC's from solvent 21 degreasing operations is one of those recommended 22 measures. 23 Emissions of VOC's occur as a result of ( I

( I

### (I 

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

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

( i 

## evaporation from the storage and handling of fresh and spent solvents. Solvent that is not recycled or sent to waste disposal is eventually emitted into the atmosphere. 37



## This rulemaking extends the requirement in Section 8 to use a low vapor pressure solvent of less than one millimeter mercury for cold cleaner degreasers, extending it from a few counties to a statewide requirement. The compliance date for the new solvent requirements is January 1st, 2015. 

## The rule language is also amended by repealing Sections 5, 6 and 7 to consolidate the requirements in Section 2 for cold cleaners, in Section 3 for open top vapor degreasers, and Section 4 for conveyorized degreasers in order to streamline the structure of this rule and eliminate repetitive language. The rulemaking also proposes to add an exemption for solvent degreasing operations from the operation and control requirements in Sections 2 through 4 if the degreaser is subject to the NESHAP for halogenated solvent cleaning or

## 1 uses only solvents that contain less than one 2 percent VOC by weight. 3 The new one millimeter vapor pressure 4 solvent requirements for cold cleaners in 5 Section 8 located in counties not already 38

6 included in the rule will not apply to operations 7 subject to the NESHAP for aerospace manufacturing 8 or solvents that contain less than one percent 9 VOC's by weight. 10 The Department requests that the Board 11 preliminarily adopt the rule as presented. 12 13 14 15 

## CHAIRMAN MINER: Thank your 

## Susan. As before 1 

## this is a public hearing before the Air Pollution Control Board. I do not have any appearance cards. Is there anyone present 16 who wishes to speak in regard to this rule? 17 (No response.) 18 CHAIRMAN MINER: Seeing none 1 

## this. 19 hearing is now concluded. We are ready to take 20 Board action on preliminary·adoption of 21 amendments 326 IAC 8-3 regarding Solvent 22 Degreasing Operations. Are there any questions 23 from the Board to the staff 1 

## or comments? ( i

### I

(. 

### 39



## (No response.) 1 

### 2 

## CHAIRMAN MINER: Seeing none 1 

## I would 3 entertain a motion for adoption. 4 5 

## 6 Mr. Clerk.
7 8 

## MR. CLARK: (Raised hand.) CHAIRMAN MINER: I have a motion from

MR. QUYLE: Second. CHAIRMAN MINER: A second from 9 Mr. Quyle. Any further discussion? 10 11 

### 12 

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

## (No response.) CHAIRMAN MINER: Seeing none 1 

## all those in favor 1 

## signify by saying aye. MR. HORN: Aye. MR. BACONE: Aye. MR. BENSHOOF: Aye. MS. FISHER: Aye. MR. CLARK: Aye. MR. VANCE: Aye. MR. QUYLE: Aye. MR. STALEY: Aye. CHAIRMAN MINER: Aye. Opposed? (No response.)

## 40

1 

## CHAIRMAN MINER: The Board has 2 preliminarily adopted 326 IAC 8-3. 3 

## This is a public hearing. Is there anyone 4 at present who wishes to address the Board in 5 regard to any other issue? 6 (No response.)
7 

## CHAIRMAN MINER: The next Air 8 

## Pollution Control.Board meeting is tentatively 9 set for Wednesday, November 7th, 2012, 1:00 p.m., 10 Indiana Government Center South, Conference 11 Room C. Please contact the Office of Air Quality 12 at 317-233-0426 or refer to IDEM's Web site in 13 advance to confirm the date and time of this 14 meeting. 15 I feel almost guilty this has gone so 16 quickly. 17 (Laughter.) 18 

## CHAIRMAN MINER: I'd entertain a 19 motion for adjournment. 20 21 MR. BENSHOOF: So moved. CHAIRMAN MINER: I have a motion from 22 Mr. Benshoof. 23 MR. STALEY: Second. ( i

('

## 42 (! 

## 1 CERTIFICATE 2 I, Lindy L. Meyer, Jr., the undersigned 3 Court Reporter and Notary Public residing in the 4 City of Shelbyville, Shelby County, Indiana, do 5 hereby certify that the foregoing is a true and 6 correct transcript of the proceedings taken by me 7 on Wednesday, August 1, 2012 in this matter and 8 transcribed by me. 9 10

# ~L~~ 11 Lindy L. Meyer, Jr., 12 Notary Public in and (' 

## 13 for the State of Indiana. 14 15 My Commission expires October 27, 2016. 16 17 18 19 20 21 22 23

I'( iIndiana Register TITLE 326 AIR POLLUTION CONTROL BOARD Proposed Rule LSA Document #07-352 DIGEST Amends 3261AC 1-2-18.5 concerning the definition of"cold cleanerdegreaser". Amends 3261AC 8-3-1 through 326 lAC 8-3-4 and 326 lAC 8-3-8 concerning volatile organic compounds (VOC) in solvent degreasing operations. Repeals 326 lAC 8-3-5 through 326 lAC 8-3-7. Effective 30 days after filing with the Publisher. HISTORY First Notice of Comment Period: June 27, 2007, Indiana Register (DIN: 20070627-IR-326070352FNA). Continuation of First Notice of Comment Period: April 2, 2008, Indiana Register (DIN: 20080402-IR-326070352FCA). Second Notice of Comment Period: January 13, 2010, Indiana Register (DIN: 201 00113-IR-326070352SNA). Notice of First Hearing: January 13, 2010, Indiana Register (DIN: 201 00113-IR-326070352PHA). Continuation of Second Notice of Comment Period: March 14, 2012, Indiana Register (DIN: 20120314-IR-326070352SCA). Change in Notice of First Hearing: April25, 2012, Indiana Register (DIN: 20120425-IR-326070352CHA). Date of First Hearing: August 1, 2012. PUBLIC COMMENTS UNDER IC 13-14-9-4.5 IC 13-14-9-4.5 states that a board may not adopt a rule under IC 13-14-9 that is substantively different from the draft rule published under IC 13-14-9-4 until the board has conducted a third comment period that is at least 21 days long. Because this proposed rule is not substantively different from the draft rule published on March 14, 2012, at DIN: 20120314-IR-326070352SCA, the Indiana Department of Environmental Management (IDEM) is not requesting additional comment on this proposed rule. SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD IDEM requested public comment from January 13, 2010, through February 12, 2010, and March 14, 2012, through April13, 2012, on IDEM's draft rule language. IDEM received comments from the following parties: Bingham Greenebaum Doll on behalfofthe CASE Coalition (BGD) Printpack Inc. (Printpack) Eli Lilly and Co. (Lilly) Alcoa, Inc. Lafayette Operations (ALO)* SABIC Innovative Plastics (SABIC)* *Comments received during January 13, 2010 through February 12, 2010 comment period Following is a summary ofthe comments received March 14, 2012, through April 13, 2012, and IDEM's responses thereto: Comment: Amend 326 lAC 8-3-1 (d)(2)(C) to include the phrase "organic solvent" instead of "cleaning solvent" to be consistent with the othertwo subsections of326 lAC 8-3-1 (d)(2). (BGD) Response: IDEM agrees that the use ofthe word "cleaning" in 326 lAC 8-3-1 (d)(2)(C) is not appropriate and has deleted the word. IDEM is not proposing to add "organic" because in another comment received on this rulemaking it was suggested that IDEM use "solvent" instead of "organic solvent" throughout the rule. The definition of "solvent" already limits materials to organic solvents. Comment: Amend 326 lAC 8-3-1 to include a new subsection (e) to read as follows: "When a limit is expressed in metric units and the English units are provided, the regulated source has the option of using either metric or English units to demonstrate compliance with the rule." (BGD) Response: IDEM agrees and will add the suggested new subsection. IDEM will consider in a future rulemaking adding this provision to the general provision section for Article 8 so that this would be clear for all VOC rules. Comment: Clarify 326 lAC 8-3-1 so that solvent cleaning activities related to flexographic and rotogravure printing activities throughout the state are not subject to requirements of326 lAC 8-3-1, but rather at a minimum enjoy the equivalent yet more flexible compliance options allowed for flexographic and rotogravure printing activities located in Lake and Porter County pursuant to 326 lAC 8-17. (Printpack) Response: The cold cleaning degreasing regulations at 326 lAC 8-3 are not limited to any specific industry type. Currently, the cold cleaning work practice standards at 326 lAC 8-3-2 apply to any degreaser constructed after 1990 statewide. The solvent use requirements (i.e., solvents with a vapor pressure less than 1 mmHg) at 326 lAC 8-3-8 apply in four counties (Lake, Porter, Clark, and Floyd). This rulemaking is proposing to make the solvent use requirement for cold cleaners applicable statewide. There is a proposed exemption for solvents

Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 1Indiana Register containing less than 1% VOC by weight, except for degreasers located in Lake, Porter, Clark, and Floyd counties where the solvent use requirements are already applicable. Sources in Lake and Porter counties are already subject to the cold cleaning degreasing rules at 326 lAC 8-3 with no exemption for flexographic and rotogravure printing activities. The Control Techniques Guidelines (CTG) for industrial solvent cleaning at 326 lAC 8-17 exempts solvent cleaning subject to 326 lAC 8-3. Comment: To be consistent with federal regulations at 40 CFR 63, Subpart T the definition for "cold cleaner degreaser" at 326 lAC 1-2-18.5 should read as follows: "Cold cleaner degreaser" means a tank containing organic solvent at a temperature below the boiling point ofthe solvent which is used to spray, brush, flush, or immerse an article for the purpose of cleaning or degreasing the article. Buckets, pails, and beakers with capacities of7.6 liters (2 gallons) or less are not considered cold cleaner degreasers. Wipe cleaning activities, such as using a rag containing halogenated solvent or a spray cleaner, are not considered cold cleaner degreasers." (Lilly) Response: IDEM believes that the definition of "cold cleaner degreaser" at 326 lAC 1-2-18.5 is adequate to address concerns that wipe cleaning activities are not included. The definition is limited to tanks containing solvent where the solvent is used to spray, brush, flush, or immerse an article for the purpose of cleaning or degreasing the article. In order to address the commenter's concern, IDEM is proposing to add the following sentence to end ofthe definition: "Wipe cleaning activities are not considered cold cleaner degreasers." IDEM is not proposing to amend the definition to exclude containers less than 2 gallons in size due to concerns that this could be considered backsliding. Comment: The commenter supports the reorganization ofthe rule presented in the Continuation of Second Notice of Comment Period. (Lilly) Response: IDEM appreciates the support. Comment: The exemption from the work practice standards (sections 2 through 4) ofdegreasers already required to comply with 40 CFR 63, Subpart T should be extended to exempt batch cold cleaner degreasers, subject to subpart T, from section 8 solvent use requirements as well. (Lilly) Response: IDEM did not extend the exemption from Subpart T to the solvent use requirements because an owner or operator could switch to a Subpart T solvent to avoid compliance with the vapor pressure limit in section 8. Subpart T solvents that are not also a volatile organic compounds (VOC) solvent would not be regulated under this rule. Comment: The commenter supports the establishment of a minimum VOC content for 326 lAC 8-3 to encourage sources to explore ways to exempt themselves from the rule by using very low VOC solvents. (Lilly) Response: IDEM appreciates the support. Comment: Microbial degreasing systems should be exempt. Microbial degreasing systems could have VOC content (VOC definition at 40 CFR 51.1 00) higher than 1% due to the presence of microbes and enzymes, but essentially no traditional "organic solvent" content. (Lilly) Response: IDEM does not think it is necessary to exempt microbial degreasing systems. The definition of VOC only includes compounds which participate in atmospheric photochemical reactions and it is also possible that the Method 24 VOC test method would not pick up microbes. Comment: The compliance date ofJanuary 1, 2013, forthe expansion ofthe solvent use requirements at 326 lAC 8-3-8 should be revised to January 1, 2015, or later, to provide sources time to come into compliance with the new requirement. (Lilly) Response: IDEM agrees and will revise the compliance date to January 1, 2015. Comment: IDEM should develop and implement a proactive educational and technology transfer program to reach out to smaller businesses. Some businesses may not purchase "degreasing solvent" but use plain solvents purchased as drum stock and may not realize they need to change. (Lilly) Response: IDEM will work with its Compliance and Technical Assistance Program (CTAP) to provide outreach to affected sources. Comment: The term "organic solvent" is not defined in Indiana's regulations, and should be replaced by the term "solvent" throughout the rule. (Lilly) Response: IDEM agrees and has made the suggested change. The definition of "solvent" at 326 lAC 1-2-72 includes "organic materials" and other state rules, such as Illinois and Ohio, for cold cleaning degreasing use the term "solvent" also. Comment: The vapor pressure limitations in 326 lAC 8-3-8 are impossible to meet unless the requirement is restated to properly reflect only the partial pressure ofthe VOC constituents in the degreasing solvents. Vapor pressure would be more correctly expressed as the "summed partial pressure ofthe VOC constituents in the solvent." Use ofthe term VOC would limit consideration to VOC materials rather than sweeping in non-VOC constituents such as acetone. (Lilly) Response: As with VOC content limits throughout Article 8, the vapor pressure limitations apply to the VOC constituents in the solvent and not water or exempt VOC materials. To be clear, IDEM is proposing to express the vapor pressure limit as "VOC composite partial vapor pressure." This term is used in the recently adopted "Industrial Solvent Cleaning" rule at 326 lAC 8-17 for sources in Lake and Porter counties. Comment: The material requirements in 326 lAC 8-3-8 that apply to sellers ofsolvents should be stated to

Date: Mar 01 ,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 2Indiana Register account for the recommended dilution and blending ofthe solvents in use. Many degreaser materials are now sold in concentrated form and are intended to be used blended. The materials as sold will therefore have a higher partial pressure ofVOC constituents than they would have in actual use. The commenter suggests adding the phrase "when diluted atthe manufacturer's recommended blend and dilution" to 326 lAC 8-3-8(b). (Lilly) Response: This type of language has nottraditionally been included in other state rules similar to Indiana for cold cleaning degreasing with vapor pressure limits. Indiana's new Consumer and Commercial Products Rule (CCP), that also applies to sellers includes a provision at 326 lAC 18-15-3(c) applicable to products that are diluted prior to use for determining compliance with the VOC content limit. For products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the VOC limit applies to the product only after the minimum recommended dilution takes place. Similarly, for products diluted with VOC solvent priorto use, the limits apply to the product after the maximum recommended dilution takes place. Since VOC limits typically apply, "as applied", IDEM is proposing to add the dilution language as suggested. Comment: The provision of326 lAC 8-3-8(b)(1) allowing the sale of noncompliant degreaser solvents seems inappropriate. Ifthe determination ofthe vapor pressure is made using the manufacturer's recommended dilution and blending, it is not clear why there would be a need to sell noncompliant materials, since they could not legally be used. (Lilly) Response: The small quantity exemption for sales less than five gallons reduces the record keeping burden for small businesses. Comment: With regard to the date of purchase for record requirements at 326 lAC 8-3-8(c), in a contract supplier situation, the contractor may deliver over several days to numerous units, and submit a single invoice with a total volume. IDEM should allow the use ofthe service period identified on the bill or invoice sufficient for this record. (Lilly) Response: IDEM agrees and has amended the language at 326 lAC 8-3-8(c)(1)(B) and 326 lAC 8-3- .8.(c)(2)(B) as suggested. Comment: The req\.]irements regarding "volume of each unit of solvent sold" or "volume of each unit of solvent purchased" are not ofvalue to either IDEM or the regulated community, and should not be included. Even if IDEM can demonstrate that requiring sellers and purchasers to keep records of "volume of each unit ofsolvent" has some value, the term "unit" is problematic and needs to be clarified orthe "per unit" requirement eliminated. (Lilly) Response: The volume of each unit sold indicates the size ofthe container sold. The requirements applicable to sellers at 326 lAC 8-3-8(b)(1) does not apply to an "amount" less than five gallons. This is similar to requirements for cold cleaning degreasers in other states, such as Illinois. Therefore, sellers are required to document the volume of each unit. To be consistent with requirements in other states, IDEM is proposing to delete the requirement to keep records for "volume of each unit ofsolvent purchased" as other states with similar requirements do not include this provision. Comment: IDEM should not require sources to maintain compliance records ofthe "total volume ofsolvent" sold or purchased. This information is not helpful in estimating emissions from degreasers. In most cases, a degreaser is filled, and when the solvent is dirty, it is emptied and refilled. Very often the amount that is removed may be larger than the amount originally put into the unit, as substantial amounts ofdirt orwater may have been removed in the degreaser and ended up in the degreasing solvent. Mass balances across cold cleaner degreasers to determine actual solvent emissions can be difficult to use when trying to calculate solvent emissions. (Lilly) Response: The "total volume of solvent" sold or purchased could be useful for enforcement purposes. It would be helpful to distinguish between someone that bought and used 15 gallons of noncompliant solvent versus someone who bought and used 5,000 gallons. This record keeping requirement is consistent with records required by other states. Following is a summary ofthe comments received January 13, 2010, through February 12, 2010, as published in the Continuation of Second Notice of Comment Period at DIN: 20120314-IR-326070352SCA, and IDEM's responses thereto: Comment: Commenter supports the formation of a work group of interested parties and stakeholders to assist in development ofan appropriate rule for organic solvent degreasers. (ALO) Response: IDEM has revised the draft language to provide clarity and address comments that may significantly change the impact the draft rule language would have on a source. Ifthere is significant interest in the formation of a work group based on this revised language, IDEM will consider forming a work group. Comment: IDEM stated in the Second Notice of rulemaking that no additional capital cost for equipment are anticipated. This is inaccurate. Alcoa Lafayette Operations believes that the costs ofcomplying with this rule on a statewide basis will exceed $500,000 and requests that IDEM conduct a thorough fiscal impact analysis prior to implementation ofthe rule. (ALO) Response: IDEM has revised the draft language to provide clarity and address comments that may significantly change the impact the draft rule language would have on a source. IDEM requests that sources
Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 3Indiana Register evaluate potential fiscal impacts and provide comments to assist IDEM in determining the likely costs associated with the revised draft rule. Comment: The existing 8-hour standard for ozone is currently 0.85 ppm. Currently, all counties in Indiana are achieving this standard. U.S. EPA is currently reconsidering lowering the standard to 0.75 ppm. It is inappropriate to arbitrarily impose restrictive regulations in anticipation offuture regulations without first conducting a scientific analysis ofthe anticipated benefits and costs of regulatory implementation. IDEM has not sufficiently demonstrated that requiring the existing solvent degreasers in existence prior to January 1, 1980 will significantly improve air quality. (ALO) Response: Since these comments were originally submitted, U.S. EPA has lowered the ozone standard to 0.75 ppm. Though designations are not finalized yet, it is possible that Indiana will have one or more areas designated nonattainment for the new standard. Because ozone is a regional pollutant and can impact counties beyond the area in which it forms, it is reasonable to address it on a regional basis. Forthis reason, IDEM is proposing to expand the cold cleaner degreasing requirements statewide. Response update: After this response was published on March 14, 2012, in the Indiana Register, Lake and Porter counties, and Lawrenceburg Township in Dearborn County were designated nonattainment for the new standard. Comment: In numerous places in the rule, a numeric regulatory value is set forth in both metric and English units. The format used is one set of units is setforth, with the other set appearing in parentheses immediately following. For example, in proposed 326 lAC 8-3-0.5, a flash point temperature is described as "

... greaterthan ninety-three (93) degrees Celsius (two hundred (200) degrees Fahrenheit)

...." In all cases in the rule except one, however, the two values provided are not equivalent. One is leftwondering which value is to be used in determining compliance, orwhether either may be used. This obviously creates an ambiguity. To correct this issue, SABIC-IP has proposed to insert the word "approximately" immediately before the value set forth inside the parentheses. This way, the first-named value becomes the sole regulatory value, and the value in parentheses becomes an unenforceable approximation. (SABIC) Comment: The proposed rule uses pairs ofvalues, one in metric units and the other in English units. Even making the second values approximately equal to the first rather than hold them out as being equivalent, four of the "second" values in seven locations in the proposed rule are incorrect: (a) In 3261AC 8-3-0.5, 93 C equals 199.4 F, which rounds to 199 F. (b) In 326 lAC 8-3-1(a)(3)(C) and 326 lAC 8-3-7(a)(2), 2 square meters equals approximately 21.53 square feet, which rounds to 21.5 square feet, not 21.6. (c) In 326 lAC 8-3-6(a)(3)(B)(iv) and 326 lAC 8-3-7(a)(2)(E)(ii), 15 cubic meters per minute per square meter equals approximately 49.2 cubic feet per minute per square foot, which rounds to 49 cubic feet per minute per square foot, not 50. (d) In 326 lAC 8-3-6(b)(11)(B) and 326 lAC 8-3-7(b)(6)(A), 20 cubic meters per minute per square meter equals approximately 65.6 cubic feet per minute per square foot, which rounds to 66 cubic feet per minute per square foot, not 65. (SABIC) Response: The difference in the values between the metric and English units noted by SABIC is a result of rounding. Specifically, it appears that SABIC used the most precise conversion factors possible. However, the English units in the rule language represent the metricvalues adjusted forthe appropriate amount of significant figures. When approximate numbers are multiplied or divided, the result is expressed as a number having the same number of significant digits as the expression in the problem having the least numberofsignificant digits. In otherwords, multiplying a number having four significant digits by a number having two significant digits, the correct answer will be expressed to two significant digits. SABIC observes that in the proposed 326 lAC 8-3-0.5, a temperature is described as "

...greaterthan ninety-three (93) degrees Celsius (two hundred (200) degrees Fahrenheit)

..." However, 93°C equals 199.4°F, which rounds to 199°F, not 200. SABIC's conversion would appear to be correct. However, using accepted scientific convention and significant figures, the conversion is completed as follows: TF = (1.8 x Tc)+ 32. In this example, (1.8 x 93) + 32=199.4°F. The answer 199.4°F contains 4 significant figures, but the least number of significant figures in this problem is two (2). Therefore, the correct answer must contain only 2 significant figures. The conversion (199.4) must be rounded to two (2) significant digits. To maintain two (2) significant digits, the digits '4' in the tenths place andthe digit '9' in the ones place must be dropped. Dropping the '9' requires increasing the value by one ( 1). This results in the Fahrenheit value becoming 200 which is the value that is correctly stated in the rule language. IDEM declines to place the word "approximately" immediately before the value in the parentheses. The English values provided in the parentheses throughout the rule are the values that will be used for compliance determinations, based on IDEM's conversions using the appropriate numberofsignificant figures. IDEM has checked and confirmed that all the conversions stated in the rule represent appropriate values. IDEM presents both numbers to avoid possible confusion or errors resulting from incorrect conversions. Additionally, these methods are consistent throughout IDEM's rules. Regulated sources have the option of using eitherthe metric or English units when complying with the rule. Response update: After this response was published on March 14,

Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page4Indiana Register 2012, in the Indiana Register, IDEM agreed for preliminary adoption to amend the rule language to clarify that either metric units or English units can be used to demonstrate compliance. Comment: The proposed rule is inconsistent in how it refers to a cold cleaner degreaser. In some locations, the phrase is used. In other locations, the phrase cold "cleaning" degreaser is used. The regulatory term is "cold cleaner degreaser" (see 326 lAC 1-2-18.5). That term should be used throughout the proposed rule. (SABIC) Response: IDEM concurs "cleaning" should be "cleaner" in reference to "cold cleaner degreasers" and has made the changes in the draft rule. Comment: The proposed record keeping requirement in 326 lAC 8-3-8(d)(1) mandates that the records "be retained on-site" for a required period. However, given the prevalence of electronic record keeping and storage of such data on remote servers, SABIC suggests that this provision be revised to read as follows: "

... shall be (1) retained on-site or accessible electronically from the site for the most recent...." (SABIC) Response: IDEM concurs that the addition ofthis language will provide clarity to sources and has made the suggested change. Comment: Several grammatical changes should be made: (a) In 3261AC 8-3-1(a)(2), 3261AC 8-3-1(a)(4), 3261AC 8-3-1(a)(5) and 3261AC 8-3-1(b)(2), the word "state" should be changed to "State". (b) In 326 lAC 8-3-1 (a)(3)(B) and 326 lAC 8-3-1 (a)(3)(C), 326 lAC 8-3-6(a)(3), 326 lAC 8-3-6(b)(11), 326 lAC 8-3-7(a)(2) and 326 lAC 8-3-7(b)(6), "air to solvent" should be changed to "air-to-solvent". (c) In 3261AC 8-3-8(d)(1), "three (3) year" should be changed to "three (3)-year". (d) In 326 lAC 8-3-8(d)(2), "two (2) year" should be changed to "two (2)-year". (SABIC) Response: The format ofthe word "state" and the phrases "three (3) year" and "two (2) year" are specified by the Legislative Services Agency for use in regulatory language and cannot be changed. When drafting rule language, IDEM must comply with the requirements for administrative rules set forth in the Administrative Rules Drafting Manual, prepared by the Legislative Services Agency. These suggested changes do not meet LSA standards for rule language. For review ofadministrative rule standards please refer to the manual available on the website ofthe Indiana General Assembly at: http://www.in.gov/legislative/pdf/IACDrftMan.PDF IDEM concurs that "airto solvent" should be changed to "air-to-solvent", and has made the suggested change. SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING On August 1, 2012, the Air Pollution Control Board (board) conducted the first public hearing/board meeting concerning the development ofamendments to 326 lAC 8-3. No comments were made at the first hearing. 3261AC 1-2-18.5; 3261AC 8-3-1; 3261AC 8-3-2; 3261AC 8-3-3; 3261AC 8-3-4; 3261AC 8-3-5; 3261AC 8-3-6; 326 lAC 8-3-7; 326 lAC 8-3-8 SECTION 1. 3261AC 1-2-18.51S AMENDED TO READ AS FOLLOWS: 326 lAC 1-2-18.5 "Cold cleaner degreaser" defined Authority: IC 13-1-1-4; IC 13-7-7 Affected: IC 13-1-1-2; IC 13-7-1

Sec. 18.5. "Cold cleaner degreaser" means a tank containing organic solvent at a temperature below the boiling point ofthe solvent 

### wi=HeR that is used to spray, brush, flush, or immerse an article for the purpose of cleaning or degreasing the article. Wipe cleaning activities are not considered cold cleaner degreasers. (AirPollution Control Board; 3261AC 1-2-18.5; filedApr 18, 1990, 4:55p.m.: 13 IR 1676)

SECTION 2. 326 lAC 8-3-1 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-1 Applicability and exemptions Authority: IC 13-14-8; IC 13-17 Affected: IC 13-17-3

Sec. 1. (a) Seotions 2 through 

### 4 ofThis rule applies to the following: (1) Persons owning or operating degreasers using solvents that contain one (1) or morevolatile

Date: Mar 01 ,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 5

### Indiana Register organic compounds (VOC). (2) Any person who sells, offers forsale, uses, or manufactures solventthat contains one (1) or more VOC for use in cold cleaner degreasers. (b) For purposes ofthis section, "electronic components" means all components of an electronic assembly, including, but not limited to, the following: (1) Circuit board assemblies. (2) Printed wire assemblies. (3) Printed circuit boards. (4) Solderedjoints. (5) Ground wires. (6) Bus bars. (7) Any other associated electronic component manufacturing equipment. (c) Unless exempted in subsection (d), this rule apply to the follmving: applies to persons owning or operating degreasers as follows: (1) E:Jdsting faoilities as of Sections 2(a), 3(a), and 4(a) ofthis rule apply to the following degreasers:

(A) Degreasers constructed on or before January 1, 1980, performing organio solvent degreasing operations that are located:

(i) in Clark, Elkhart, Floyd, Lake, Marion, Porter, Of\6 

### or St. Joseph oounties; County; and whioh are looated (ii) at sources 

### wAt€ftthat have potential emissions of ninety and seven-tenths (90.7) megagrams (one hundred (100) tons) or greater per year ofVOC. (2)**~Jew** 

### faoilities (B) Degreasers constructed after January 1, 1980, performing organio solvent degreasing operations located anywhere in the state. 

## fb1 (2) Sections

## e2 through 

### 7 4 ofthis rule apply to the following degreasers: (1) The following faoilities performing organio solvent degreasing operations

(A) Cold cleaner degreasers without remote solvent reservoirs that:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, Of\6 

### or St. Joseph oounties; mdsting as ofJuly 1, 1990: County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. (A) Gold eleanor degreasers ·.vithout remote solvent reserv'oirs. (B) Open top vapor degreasers with an air-to-solvent interface ofone (1) square meter (ten and eight-tenths (10.8) square feet) or greaterthat:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, or St. Joseph County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. (C) Conveyorized degreasers with an air-to-solvent interface oftwo (2) square meters (twenty-one and six-tenths (21.6) square feet) or greater that:

(i) are located in Clark, Elkhart, Floyd, Lake, Marion, Porter, or St. Joseph County; or (ii) were constructed afterJuly 1, 1990, and located anywhere in the state. These faoilities shall attain oomplianoe with this rule no later than July 1, 1991. (2) /\ny new faoility, oonstruotion of'Nhioh oommenoes after July 1, 1990, ofthe types desoribed in subdivision (1) looated in any oounty. 

## fe1 (3) Section 8 ofthis rule applies to any person who sells, offers for sale, uses, or manufactures solvent for use in cold Gleaning cleaner degreasers in the follmving oounties: as follows:

(A) Before January 1, 2015, in the following counties: 

## tB (i) Clark.**~** 

### (ii) Floyd. 

## f31 (iii) Lake. 

## t41 (iv) Porter. (B) On and afterJanuary 1, 2015, anywhere in the state. (d) The following degreasers and solvent material uses are exempted from this rule: (1) Sections 2 through 4 ofthis rule do not apply to the following solvent degreasing operations:

(A) Degreasers that are required to comply with and are operated in compliance with 326 lAC 20-6-1 that incorporates by reference 40 CFR 63, SubpartT*, National Emissions Standards for Hazardous Air Pollutants for Halogenated Solvent Cleaning. (B) Degreasers that use solvents that contain less than one percent (1 %) 

### ofVOC by weight. (2) Section 8 ofthis rule does not apply to the following:

(A) Solvents intended to be used in degreasers to clean electronic components. Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 6

### Indiana Register (B) Solvents used in degreasers that are required to complywith and are operated in compliance with the requirements of3261AC 20-15-1, which incorporates by reference 40 CFR 63, Subpart GG*, National Emission Standards forAerospace Manufacturing and Rework Facilities, and that are not located in Clark, Floyd, Lake, or Porter County. (C) Solvents containing lessthan one percent (1%) VOC by weight used in degreasers and that are not located in Clark, Floyd, Lake, or Porter County. (e) When a limit is expressed in metric units and the English units are provided, the owneror operator has the option of using either metric or English units to demonstrate compliance with the rule. *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 available for review and copying atthe Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution Control Board; 3261AC 8-3-1; filed Mar 10, 1988, 1:20p.m.: 111R2537; filedApr 18, 1990, 4:55 p.m.: 131R 1679; filedApr

### 27, 1999, 9:06a.m.: 221R 2854; readopted filed Jan 10, 2001, 3:20p.m.: 241R 1477)



### SECTION 3. 326 lAC 8-3-2 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-2 Cold cleaner degreaser control equipment and operating requirements Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 2. (a) The owner or operator ofa cold cleaning facility cleaner degreaser shall ensure the following control equipment and operating requirements are met: (1) Equip the cleaner degreaserwith a cover. (2) Equip the cleaner degreaserwith a

### faeiH.ty devicefor draining cleaned parts. (3) Close the degreaser cover whenever parts are not being handled in the cleaner; degreaser. (4) Drain cleaned parts for at least fifteen (15) seconds or until dripping ceases. (5) Provide a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions (3), (4), (6), and (7). (6) Store waste solvent only in covered closed containers. and not dispose (7) Prohibitthe disposal ortransfer ofwaste solvent ortransfer it to another party, in such a manner that could allow greater than twenty percent (20%) ofthe waste solvent (by weight) eaR

### to evaporate into the atmosphere. (b) The owner or operator ofa cold cleaner degreaser subjectto this subsection shall ensure the following additional control equipment and operating requirements are met: (1) Equipthe degreaserwith one (1) ofthe following control devices ifthe solvent is heated to a temperature ofgreaterthan forty-eight and nine-tenths (48.9) degrees Celsius (one hundred twenty (120) degrees Fahrenheit):

(A) A freeboard that attains a freeboard ratio ofseventy-five hundredths (0.75) or greater. (B) A water coverwhen solvent used is insoluble in, and heavierthan, water. (C) A refrigerated chiller. (D) Carbon adsorption. (E) An alternative system ofdemonstrated equivalent or better control as those outlined in clauses (A) through (D) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. (2) Ensure the degreaser cover is designed sothat it can be easily operated with one (1) hand ifthe solvent is agitated or heated. (3) If used, solvent spray: (A) must be a solid, fluid stream; and (B) shall be applied at a pressure that does not cause excessive splashing. (AirPollution Control Board; 3261AC 8-3-2; filed Mar 10, 1988, 1:20p.m.: 111R 2537; readopted filedJan 10, 2001, 3:20p.m.: 241R 1477)

Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 7

### Indiana Register SECTION 4. 326 lAC 8-3-3 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-3 Open top vapor degreaser operation Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 3. (a) The owner or operator ofan open top vapor degreaser shall ensure the following control equipment and operating requirements are met: (1) Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone. (2) Keep the cover closed at all times except when processing workloads through the degreaser. (3) Minimize solvent carryout by:

(A) racking parts to allow complete drainage; (B) moving parts in and out ofthe degreaser at less than three and three-tenths (3.3) meters per minute (eleven (11) feet per minute); (C) degreasing the workload in the vapor zone at least thirty (30) seconds or until condensation ceases; (D) tipping out any pools ofsolvent on the cleaned parts before removal; and (E) allowing parts to dry within the degreaserfor at least fifteen (15) seconds or until visually dry. (4) not degrease Prohibitthe entrance intothe degreaser ofporous or absorbent materials, such as cloth, leather, wood, or rope. (5) not occupy Prohibit occupation of more than Ralf 

### one-half (1/2) ofthe degreaser's open top area with the workload. (6) not load Prohibitthe loading ofthe degreaser such that in a mannerthat causes the vapor level 

## ffi:oJ3S to drop more than fifty percent (50%) ofthe vapor depth when the workload is removed. (7) never spray Prohibit solvent spraying above the vapor level. (8) Repair solvent leaks immediately, or shut down the degreaser if leaks cannot be repaired immediately. (9) Store waste solvent only in covered closed containers. and not dispose (10) Prohibitthe disposal ortransfer ofwaste solvent ortransfer it to another party, suoh in a mannerthat could allow greater than twenty percent (20%) ofthe waste solvent (by weight) eaR

### to evaporate into the atmosphere. (10) not (11) Prohibitthe use ofworkplace fans near the degreaser opening. (11) not allow (12) Prohibitvisually detectable water in the solvent exiting the water separator. 

### aA6**~** 

### (13) Provide the degreaserwith a permanent, conspicuous label summarizing that liststhe operating requirements in subdivisions (2) through (12). (b) The owneror operatorofan open top vapor degreaser subjectto this subsection shall ensure the following additional control equipment and operating requirements are met: (1) Equipthe degreaserwith the following switches:

(A) A condenserflow switch and thermostat that shuts offsump heat ifcondenser coolant stops circulating or becomes too warm. (B) A spray safety switch that shuts offspray pump ifthe vapor level drops more than ten (10) centimeters (four (4) inches). (2) Equipthe degreaserwith one (1) ofthe following control devices:

(A) A freeboard ratio ofseventy-five hundredths (0.75) orgreater and a powered cover ifthe degreaseropening is greaterthan one (1) square meter (ten and eight-tenths (10.8) square feet). (B) A refrigerated chiller. (C) An enclosed design in which the cover opens onlywhen the article is actually entering or exiting the degreaser. (D) A carbon adsorption system with ventilation that, with the cover open, achieves aventilation rate ofgreaterthan or equal to fifteen (15) cubic meters per minute persquare meter (fifty (50) cubic feet per minute persquare foot) ofair-to-vapor interface area and an average of less than twenty-five (25) parts per million ofsolvent is exhausted over one (1) complete adsorption cycle. (E) An alternative system of demonstrated equivalent or better control as those outlined in clauses (A) through (D) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision. (3) Prohibitthe loading ofthe degreaserto the pointwhere the vapor level would drop more than ten (10) centimeters (four (4) inches) when the workload is removed. (4) Prohibitthe exhaustventilation rate from exceeding twenty (20) cubic meters per minute per Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 8

### Indiana Register square meter (sixty-five (65) cubic feet per minute persquare foot) ofdegreaser open area unless a greaterventilation rate is necessaryto meet Occupational Safety and Health Administration requirements. (5) Ensure that the label required undersubsection (a)(13) includes the additional operating requirements listed in subdivisions (3) and (4). (AirPollution Control Board; 326 lAC 8-3-3; filed Mar 10, 1988, 1:20p.m.: 11 IR 2537; readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1477)



### SECTION 5. 326 lAC 8-3-4 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-4 Conveyorized degreasercontrol equipment and operating requirements Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 4. (a) The owner or operator ofa conveyorized degreaser shall ensure the following control equipment and operating requirements have been met: (1) Minimize carryout emissions by:

(A) racking parts for

### best optimal drainage; and (B) maintaining the vertical conveyor speed at less than three and three-tenths (3.3) meters per minute (eleven (11) feet per minute). (2) Store waste solvent only in covered closed containers. and not dispose (3) Prohibitthe disposal ortransferofwaste solvent or transfer it to another party, in S1::lefl 

### a manner that could allow greater than twenty percent (20%) ofthe waste solvent (by weight) eafl

### to evaporate into the atmosphere. 

### (31 (4) Repair solvent leaks immediately, or shut down the degreaser if leaks cannot be repaired immediately. 

## t41-net (5) Prohibitthe use ofworkplace fans near the degreaser opening. (5) not allow (6) Prohibitvisually detectable water in the solvent from exiting the water separator. 

### aA6 (e) 

### provide (7) Equipthe degreaserwith a permanent, conspicuous label summarizing that lists the operating requirements in subdivisions (1) through (6). (b) The owner or operator ofa conveyorized degreasersubjectto this subsection shall ensure the following control equipment and operating requirements are met: (1) Equipthe degreaser's entrances and exits with downtime covers that are closed when the degreaser is not operating. (2) Equip the degreaserwith the following switches:

(A) A condenserflow switch and thermostatthat shuts offsump heat ifcondenser coolant stops circulating or becomes too warm. (B) A spray safety switch that shuts offspray pump ifthe vapor level drops more than ten (10) centimeters (four (4) inches). (C) A vapor level control thermostatthat shuts offsump heat when vapor level rises more than ten (10) centimeters (four (4) inches). (3) Equip the degreaserwith entrances and exits that silhouette workloads in such a mannerthat the average clearance between the articles and the degreaser opening is either less than ten (10) centimeters (four (4) inches) or less than ten percent (10%) ofthe width ofthe opening. (4) Equip the degreaserwith a drying tunnel, rotating ortumbling basket, orother equipmentthat prevents cleaned articles from carrying out solvent liquid orvapor. (5) Equip the degreaserwith one (1) ofthe following control devices:

(A) A refrigerated chiller. (B) A carbon adsorption system with ventilation that, with the downtime covers open, achieves a ventilation rate ofgreaterthan or equal to fifteen (15) cubic meters per minute persquare meter (fifty (50) cubic feet per minute persquare foot) ofair-to-solvent interface area, and an average of less than twenty-five (25) parts per million ofsolvent is exhausted over one (1) complete adsorption cycle. (C) An alternative system ofdemonstrated equivalent or better control as those outlined in clause (A) or (B) that is approved bythe department. An alternative system shall be submitted to the U.S. EPA as a SIP revision.

Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 9Indiana Register (6) Prohibit the exhaustventilation rate from exceeding twenty (20) cubic meters per minute per square meter (sixty-five (65) cubic feet per minute per square foot) ofdegreaser opening unless a greaterventilation rate is necessary to meet Occupational Safety and Health Administration requirements. (7) Cover entrances and exits at all times except when processing workloads through the degreaser. · (8) Ensure that the label required undersubsection (a)(7) includes the additional operating requirements listed in subdivisions (6) and (7). (AirPollution Control Board; 3261AC 8-3-4: tiled Mar 10, 1988, 1:20p.m.: 111R 2537; readopted filed Jan 10, 2001, 3:20p.m.: 241R 1477)

SECTION 6. 326 lAC 8-3-8 IS AMENDED TO READ AS FOLLOWS: 326 lAC 8-3-8 Material requirements for cold cleaner degreasers Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 Affected: IC 13-17-3

Sec. 8. (a) Material requirements specified in this section applies to the users, providers, and rnanufaeturers ofsolvents for use in cold eleaning cleaner degreasers apply as follows: (1) Before January 1, 2015, in Clark, Floyd, Lake, and Porter counties. mwept for solvents intended to be used to olean eleetronie components. (2) On and afterJanuary 1, 2015, anywhere in the state. (b) /\s used in this section, "eleetronie eomponents" means all eomponents ofan electronis assembly, ineluding, but not limited to, the following: (1) Circuit board assemblies. (2) Printed 'Nire assemblies. (6) Printed cireuit boards. 

### (4) Soldered joints. (5) Ground wires. (e) Bus bars. (7) Any other associated eleetronie eomponent manufacturing equipment. 

### tej (b) Material requirements are phased in as follows: (1) On and after November 1, 1999, no person shall do the following:

(A) Gause or allow the sale ofsolvents for use in cold eleaning degreasing operations with a vapor pressure that mweeds tvm (2) millimeters of mereury (thirty eight thousandths (0.068) pound per square ineh) measured at

### t'lventy (20) degrees Celsius (silcty eight (e8) degrees Fahrenheit) in an amount greater than five (5) gallons during any seven (7) oonseeutive days to an individual or business. (8) Operate a eold eleaning degreaserwith a solvent vapor pressure that mceeeds two (2) millimeters of mereury (thirty eight thousandths (0.068) pound per square ineh) measured at twenty (20) degrees Celsius (silcty eight (e8) degrees Fahrenheit). (2) On and after May 1, 2001, no person shall do the following: 

## tAJ (1) No person shall cause or allow the sale ofsolvents for use in cold eleaning cleaner degreasing operations with a VOC composite partial vapor pressure, when diluted atthe manufacturer's recommended blend and dilution, that exceeds one (1) millimeter of mercury (nineteen-thousandths (0.019) pound per square inch) measured at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit) in an amount greater than five (5) gallons during any seven (7) consecutive days to an individual or business. 

## fB1 (2) No person shall operate a cold cleaning cleaner degreaserwith a solvent a solvent that has a VOC composite partial vapor pressure that exceeds one (1) millimeter of mercury (nineteen-thousandths (0.019) pound per square inch) measured at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). (d) On and after**~Jovember** 1, 1999, the following (c) Record keeping requirements shall be followed: are as follows: (1) All persons subject to the requirements of subsection (e)(1 )(A) and (e)(2)(A) (b)(1) shall maintain all ofthe following records for each sale: (A) The name and address ofthe solvent purchaser.

Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 10Indiana Register (B) The date ofsale (or invoice/bill date ofcontract servicer indicating service date). (C) The type ofsolvent sold. (D) The volume of each unit ofsolvent sold. (E) The total volume ofthe solvent sold. (F) The true vapor pressure ofthe solvent measured in millimeters of mercury at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). (2) All persons subject to the requirements ofsubsection (e)(1 )(B) and (e)(2)(B) (b)(2) shall maintain each of the following records for each purchase: (A) The name and address ofthe solvent supplier. (B) The date of purchase (or invoice/bill date ofcontract servicer indicating service date). (C) The type of solvent purchased. (D) The volume of eaeh unit of solvent. 

## fE1 (D) The total volume ofthe solvent purchased. 

## fF1 (E) The true vapor pressure ofthe solvent measured in millimeters of mercury at twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit). 

## te1 (d) All records required by subsection 

## f61 (c) shall be: (1) retained on-site or accessible electronically from the site for the most recent three (3) year period; and shall be (2) reasonably accessible for an additional two (2) year period. (AirPollution Control Board; 326/AC 8-3-8: filedApr

### 27, 1999, 9:06a.m.: 22/R 2854; readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1477)

SECTION 7. THE FOLLOWING ARE REPEALED: 326 lAC 8-3-5; 326 lAC 8-3-6; 326 lAC 8-3-7. Notice of Public Hearing

Posted: 08/15/2012 byLegislative ServicesAgency An html version ofthis document.

Date: Mar 01,2013 2:39:30PM EST DIN: 20120815-IR-326070352PRA Page 11Indiana Register TITLE 326 AIR POLLUTION CONTROL BOARD

Notice ofPublic Hearing Notice of Public Hearing LSA Document #07-352

UnderIC 4-22-2-24, IC 13-14-B-6, and IC 13-14-9. notice is herebygiven that on November

### 7, 2012, at 1:00 p.m., at the Indiana Government CenterSouth, 302 West Washington Street, Conference CenterRoom 

### C, Indianapolis, Indiana, the AirPollution ControlBoard will hold

### a public hearing on amendments concerning solvent degreasing operations at326 lAC B-3. The purpose ofthis hearing is to receive comments from the publicpriorto final adoption ofthese rules by the board. Allinterestedpersons are invited and willbe given reasonable opportunity to express their view concerning the proposedamendments. Oral statements will be heard, but, for the accuracy ofthe record, all comments shouldbe submittedin writing. Additionalinformation regarding this action maybe obtained from Susan Bern, Rule and State Implementation Plan Development Section, Office ofAir Quality, (317) 233-5697or(BOO) 451-6027 (in Indiana). Individuals requiring reasonable accommodations forparticipation in this eventshould contact the Indiana Department ofEnvironmental Management, Americans with Disabilities Act coordinatorat: Attn:ADA Coordinator Indiana Department ofEnvironmental Management 100 North Senate Avenue Indianapolis, IN 46204-2251 oreal/(317) 233-17B5 (V). Speech andhearing impaired callers maycontact IDEM via the Indiana Relay Service (711) or(BOO) 

### 743-3333. Please provide 

### a minimum of

### 72 hours notification. Copies ofthese rules are nowon file at the Office of Air Quality, Indiana Department ofEnvironmental Management, Indiana Government CenterNorth, 100 North Senate Avenue, Tenth FloorEast andLegislative Services Agency, Indiana Government CenterNorth, 100 North Senate Avenue, Room N201, Indianapolis, Indiana andare open forpublic inspection. Scott Deloney, Chief Air Programs Branch Office ofAir Quality

Posted: OB/15/2012 byLegislative Services Agency An html version ofthis document.

Date: Mar 01,2013 2:41 :32PM EST DIN: 20120815-IR-326070352PHA Page 1I' 

### ( 

## 1 2 3 4 5 6 7 8 9 10 11 12 ':. i "!:1. 

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

·C· 

## BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF NOVEMBER 7, 2012 

# 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 the Indiana Government Center South, Conference Center, Room C, 402 West Washington Street, Indianapolis, Indiana, on Wednesday, November 7, 2012 at 1:03 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: 3 Dr. James Miner, M.D., Chairman Thomas Anderson 4 Randy Staley Dr. Phil Stevens 5 Chris Horn Jeffery L. Quyle 6 Mike Mettler, Proxy, State Board of Health 7 John Bacone, Proxy, Department of Natural Resources 8 Megan Ottesen, Proxy, Lieutenant Governor 9 Pamela Fisher, Proxy, Indiana Economic Development Corporation 10 

## 11 IDEM STAFF MEMBERS: 12 Keith Baugues, Asst. Commissioner Roger Letterman, Dep. Asst

.. Commissioner 13 Scott Deloney Chris Pedersen 14 Ryan Knapick Susan Bern 15 Nancy King Catherine Mitchell 16 

## 17 PUBLIC SPEAKERS: l8 Guinn Doyle Bob Kelsey 19 20 

## 21 22 23 

### 2

## 1 2 3 4
5 

## 6 7 8 9 10 11 12

·. i 

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

. ( 

## 31

CHAIRMAN MINER: Mr. Quyle? MR. QUYLE: Yes. CHAIRMAN MINER: Mr. Quyle votes yes. I votes yes as well. It's passed unanimously for adoption of amendments, 326 IAC 1-3-4 and IAC 1-4-1. The next item on our agenda is a public hearing before the Air Pollution Control Board of the State of Indiana regarding final adoption of amendments, 326 IAC 1-2-18-5 concerning the definition of "cold clean degreaser" and amendments to 326 IAC 8-3 concerning solvent degreasing operations. We will now introduce Exhibit 3

-- thank you -- the proposed rule as preliminarily adopted, into the record of this hearing. Is there someone from the Department who wishes to speak? Susan. MS. BEM: My name is Susan Bern, and I work in the Rules and SIP Section. This rulemaking amends 326 IAC 8-3 to extend the solvent requirements for cold cleaner degreasers to the entire state, provide certain

## 32

1 exemptions for solvent degreasing operations, and 2 streamline the structure of the rule by removing 3 repetitive language. 4 

## This rulemaking extends the requirement in 5 Section 8 to use a low-vapor-pressure solvent of 6 

## 7 one millimeter of mercury for cold cleaner degreasers from a few counties to statewide. The 8 

## compliance date for the new counties is 9 January 1st, 2015. 10 Cold cleaning uses a tank to spray, brush, 11 flush or immerse an item for the purpose of 12 cleaning or degreasing an item. It does not 13 include wipe cleaning. 14 There are no changes since preliminary 15 adoption, and the Department requests that the 16 Board final adopt the proposed rule. 17 18 

## CHAIRMAN MINER: Thank you, Susan. As before, this is a public hearing. I 

## at 19 present have no cards from anyone who wishes to 20 speak to this rule at this time. Is there anyone 21 present who wishes to speak and has not submitted 22 a card as appearing for this rule? 23 (No response.)

## 33

CHAIRMAN MINER: Seeing none 1 

## this 1 2 

## hearing is now concluded. We are ready for Board 3 action on final adoption of amendments/ 4 326 IAC 1-2-18-5 concerning the definition of 5 11 

## cold clean degreasers 11 

## and amendments to 6 326 IAC 8-3 concerning solvent degreasing
7 

## operations. Is there any Board discussion at 8 this time regarding final adoption of these 9 rules? 10 (No response.) 11 CHAIRMAN MINER: Seeing none 1 

## I would 12 entertain a motion for final adoption. 13 14 

## 15 Mr. Horn. 16 

### 17 

## 18 Dr. Stevens.MR. HORN: So moved. CHAIRMAN MINER: I have a motion from

DR. STEVENS: Second. CHAIRMAN MINER: And a second from Thank you. I will now do a 19 roll-call vote of the Board. 20 Mr. Quyle? 21 22 

## 23 MR. QUYLE: Aye. CHAIRMAN MINER: Mr. Quyle votes yes. Dr. Stevens?

### 34

1 

## DR. STEVENS: Yes. 2 

## CHAIRMAN MINER: Dr. Stevens votes 3 

## yes. 4 

## Mr. Staley? 5 

## MR. STALEY: Yes. 6 

## CHAIRMAN MINER: Mr. Staley votes 7 

## yes. 8 

## Mr. Horn? 9 

## MR. HORN: Yes. 10 

## CHAIRMAN MINER: Mr. Horn votes yes. 11 

## Ms. Ottesen? 12 

## MS. OTTESEN: Yes. 13 

## CHAIRMAN MINER: Ms. Ottesen votes 14 

## yes. 15 

## Dr.



## -- Mr. Anderson? 16 

## MR. ANDERSON: Yes. 17 

## CHAIRMAN MINER: Mr. Anderson votes 18 

## yes. 19 

## Ms. Fisher? 20 

## MS. FISHER: Yes. 21 

## CHAIRMAN MINER: Ms. Fisher votes 22 

## yes. 23 

## Mr. Bacone?

### 1 

### 2 

## MR. BACONE: Aye. CHAIRMAN MINER: Mr. Bacone votes 35

3 yes. 4 

## Mr. Mettler? 5 

### 6 7 8 

### 9 

## 10 11 

## 12 13 14 15 16 17 

## 18 MR. METTLER: Yes. CHAIRMAN MINER: Mr. Mettler votes yes, and I vote yes as well. The Board has approved final adoption of amendments to 326 IAC 1-2-18 and amendments to 326 IAC 8-3. The next item on our agenda is a public hearing before the Air Pollution Control Board of the State of Indiana regarding final option of amendments to 326 IAC 1-4, 326 IAC 15, and 326 IAC 20-13, and new rule 326 IAC 20-13.1 concerning Lead Standard Attainment. We will now introduce into the record of the hearing Exhibit 4-A, the proposed rule as preliminarily adopted with IDEM's suggested 19 changes incorporated, and Exhibit 4-B, the change 20 sheet containing two corrections, a copy of which 21 has been provided in the Board packet for members 22 today. 23 Is there someone who wishes to speak to

### 58

1 

## CERTIFICATE 2 I, Lindy L. Meyer, Jr., the undersigned 3 Court Reporter and Notary Public residing in the 4 City of Shelbyville, Shelby County, Indiana, do 5 hereby certify that the foregoing is a true and 6 correct transcript of the proceedings taken by me 7 on Wednesday, November 7, 2012 in this matter and 8 

## transcribed by me. 9 

## 10 11 

## Lindy

# L~ Meyer, Jr?? 12 Notary Public in and 13 

## for the State of Indiana. 14 

## 15 My Commission expires October 27, 2016. 16 17 18 

### 19 

## 20 21 22 23