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ORIGINAL 

AIR POLLUTION CONTROL BOARD 

Indiana Gov~rnment Center South 

Conference Center, Room B 

402 West Washington Street 

Indianapolis, Indiana 46204 

October 3, 2007 

1:00 p.m. 

RECEIVED 

STATE OF fNDfANA 

NOV 2 ZOO? 

DEPARTMENT Of EIIVIR!lllf~ENTA1 MANAGEMENT 

OFFICE OF AIR QUALITY 

WM. F. DANIELS d/b/a 

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 
A T T E N .D E E S 

BOARD MEMBERS: 

Dr. James Miner~ Chairman 

Mr. Kurt Anderson 

Mr. Thomas Anderson 

Mr. David Benshoof 

Mr. Howard Cundiff 

Ms. Pamela Fisher 

Mr. Chris Horn 

Mr. Jeffrey Quyle 

Mr. Brandon Seitz 

Mr. Randy Staley 

Dr. Phil Stevens 

Mr. Adam Warnke 

ALSO PRESENT: 

Ms. Patricia Troth 

Mr. Daniel Murray 

SPEAKERS: 

Mt. David Maidenberg 

Dr. Paul Winchester 

Mr. 

Mr. 

Mr. 

Ms. 

Dr. 

Mr. 

Ms. 

Tim Maloney 

Chad Whiteman 

David Long 

Janet McCabe 

Indra Frank 

Dan Weiss 

Gail Charnley 

·Mr. Mark Strimbu 

Edward Cichanowicz 

John Ross 

( 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Ms. 

Ryan Camp 

Stan Pinegar 

Eugene Trisko 

Lisa Smith 

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October 3, 2007 

1:00 p.m. 

CHAIRMAN MINER: The October 3, 2~07, meeting of 

the Air Pollution Control Board will now come to 

order. A quoru~ of the board is present. I will 

introduce the members and theii representations. We 

have Mr. Kurt Anderson, representing manufacturing; 

Mr. Tom Anderson, representing environmental; 

Mr. D~vid Benshoof, representing small. business; 

Mr. Brandon Seitz, our new proxy for the lieutenant 

governor; Mr. Howard Cundiff for the Department of 

Health; Pamela Fisher, Indiana Economic Development 

Commission; Mr. Chris Horn, representing labor; 

Mr. Randy Staley, representing agriculture; Mr. Phil 

Stevens, representing the general public; Mr. Jeff 

Quyle, representing local government; and Mr. Adam 

Warnke filling in for John Bacone, Department of 

Natural Resources, as proxy. I am Dr. James Miher, 

representing medical. 

The first report will be the assistant 

commissioner's report. 

·MR. MURRAY: Thank you very much, Chairman 

Miner. 

CHAIEMAN MINER: I want to welcome you heie, as 
27 

1 Mr. Warnke? 

--") I 

\ • __ ,,1 2 MR. WARNKE: Yes. 

3 CHAIRMAN MINER: Mi~ Warnke votes yes. And I 

4 vote yes, as well. The decision of the board is 

5 unanimous for adoption of 326 IAC 1-1-3. 

6 The fourth subject before the board is a public 

(- 7 hearing regarding preliminary adoption of amendments 

8 to 326 IAC 6-6-5, the Burns_ Harbor Limited Liability 

9 Corporation fugitive particulate matter emission 

10 control plan, and 326 IAC 7-4-14i Porter County 

11 sulfur dioxide emission limitations, Mittal Steel. 

12 We will now introduce Exhibit No. 4, the draft rule, 

13 into the record of this hearing. Is there someone • 

14 from the department who ~ishes to speak? 

15 MS. TROTH: Sean Gorman will speak on this rule. 

16 CHAIRMAN MINER: Good afternoon, Sean. 

17 MR. GORMAN: Good afternoon, Chairman Miner, 

18 members of the board. My name is Sean Gorman. I'm a: 

19 rule wr.iter in IDEM's Office of Air Quality. This 

20 rulemaking proposes amending two existing rules 

21 concerning operations at the ISG Burns Harbor 

22 steelmaking plant in Porter Courity. 

23 First, 326 _IAC 6-6-5 outlines the fugitive dust 

24 control activities required at the I~G Btirns Harbor 

'25 plant·. This rule has been ~ffective since 1984 and • 
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1 specifies the locations and frequency of dust 

·~ ./ 2 suppressant application and requires the use of a 

3 flusher truck followed by a tractor-mounted broom on 

4 paved and unpaved roads at the facility. The rule 

5 includes a map showing the lengths and configurations 

6 of the paved and unpaved roads, also. 

7 Since 1984, the configuration of those roads has 

8 changed, different technologies. and techniques for 

9 dust suppression have become available, and ISG Burns 

10 Harbor has requested the ability to tailor a fugitive 

11 particulate matter control plan that would reflect 

12 these changes and enable future modifications to that 

13 plan as necessary without requiring future rule 

14 changes. 

15 The proposed amendments to 326 IAC 6-6-5 

16 replaces the proscrib~d fugitive particulate matter 

17 contra+ plan with a requirement to submit to IDEM for 

18 ap~roval a detailed fugitive particulate matter 

19 control plan identifying and addressing all potential 

20 sources of fugitive particulates. ISG Burns Harbor 

21 will gain the flexibility to tailor their plan as 

22 needed to reflect changes in operations, road 

23 configurations, or newly available fugitive dus~ 

24 control technology . 

• 25 Second, 326 IAC 7-4-14 establishes sulfur 
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1 dioxide ~mission limits for emission points at ISG 

2 Burns Harbor. This rule sets a limit of .07 pounds. • 

3 of S02 pe~ million BTUs for the operation'~ blast 

4 furnace ga~ flare. Blast furn~ce gas is a byproduct 

5 of the steelmaking process ~nd is captured for reuse 

6 as a fuel throughout the plant. The blast furnace 

7 gas flare is a safetj device that relieves pressure 

8 in the blast furnace gas supply line when there is 

9 excess gas that cannot be used at other combustion 

10 points at the plant. Combustion units using blast 

11 furnace gai include blast furnace stoves, power 

12 station boilers, arid·coke ovens. 

. ) 13 The pioposed amendments to 326 IAC 7-4-14 would • 

14 remove the blast furnace gas flare S02 limit for 

15 several reasons. First., the air quality modeling 

16 upon which that 7-4-14 S02 li~it is based assumes 100 

17 percent of the available blast furnace gas as being 

18 used at the other combustiori points. And so those 

19 limits for those other combustion points were 

20 actually set assu~ing all available blast frirnace gas 

21 is being combusted. 

22 As long ~s the S02 emission limits for those 

23 emission points, those other combustion devices --

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the blast furnaces, the power station ~oilers, and 

the coke ovens are met, then any S02 for the blast • 
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1 furnace gas flare is redundant. And, furthermore, 

2 sulfur dioxide emission limits are not imposed on 

3 flares for other steelmaking operations in Indiana. 

4 Because its removal from 326 IAC 7-4-14 will 

5 provide regulatory consistency for identical 

6 operations in Indiana and will not result in any 

7 increase of modeled S02 emissions, IDEM agrees with 

8 ISG Burns Harbor that this rule should be amended. 

9 IDEM recommends that the board preliminarily adopt 

10 these amendments to 326 IAC 6-6-5 and 326 IAC 7~4-14 

11 concerning the operations at ISG Burns Harbor. 

12 CHAIRMAN MINER: Thank'you, Sean. Is there 

13 anyone from the board who has questions for 

14 Mr. Gorman at this time? Tom. 

15 MR. THOMAS ANDERSON: A couple questions. On 

16 the fugitive dust plan that exists, if they are 

17 what's going to happen in the interim time period? 

18 Will this rule for the fugitive dust control still be 

19 in place while the plan is being developed? 

20 MR. GORMAN: Currently they are operating under 

21 a variance in which ISG Burns. Harbor has submitted a 

22 fugitive particulate matter control plan that IDEM 

23 has approved as a condition to that variance. 

24 MR. THOMAS ANDERSON: So that's -- is it the 

25 final plari? 
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1 MR. GORMAN: That won't be the final plan. What 

2 the amendment propose~ is an outline of criteria by • 

3 which they would structure a plati. And that criteria 

4 is similar -- or in most respects the same as the 

5 requirements for fugitive p~rticulate matter control 

6 plans that's already r~quired for other facilities in 

7 326 IAC 6-5. 

8 MR. THOMAS ANDERSON~ You•ve been on-site to 

9 look at --

10 MR. GORMAN: Yes. 

11 MR. THOMAS ANDERSON: -- to --

12 MR. GORMAN: Yes~ And so the -- and if you have 

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13 seen the map on the -- in the rule, it's barely • 

14 legible. I don't know if you've seen that. 

15 MR. THOMAS ANDERSON: Right. Yeah, I know. Arid 

16 just in thinking about some of the specifics at the 

17 plant --

18 MR. GORMAN: Right. 

19 MR. THOMAS ANDERSON: I mean, I'm not sure of 

20 the roadway or all the places where the particulate 

21 matter is rusted and is causing problems during wind 

22 events, among other things, along with the material 

23 piles, too, but it would be inter~sting to see that. 

24 Is that ~vailable then to review, for the board to 

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I 25 review? • 
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MR. GORMAN: Yes'. Yes. 

MR. THOMAS ANDERSON: Okay. 

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That would be ~-

3 I'd like to see how we could request a copy of that. 

4 Other questions I have are questions on the blast 

5 furnace flare, I guess is what it is, becau~e it 

6 seems as though there should be other options besides 

7 that flare. I mean, obviously, it's pretty visible 

8 all the time and it's-- what other options are 

9 a~ailable besides flaring off? And I understand that 

10 if you have excess capacity, it has to go somewhere, 

11 but aren't there alternatives besides just flaring 

12 off a 30- or 40~foot high flare continuously? 

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MR. GORMAN: I'm not sure what th~ other 

alternati~es would be. ISG Burns Harbor hasn't 

15 proposed any alternative ways of dealing with ~-

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MR. THOMAS ANbERSON: What would you sugg~st as 

an alternative way? 

MR. GORMAN: I don't have any suggestions. I'm 

just going by what they have proposed and what the 

limits are already set in the rule. And like I said, 

identical operations in Indiana are·not subject to 

S02 limits for their blast furnace gas flare, nor any 

flares required to meet S02 limits in Indiana. 

MR. THOMAS ANDERSON: Thank you. 

MR. KURT ANDERSON: Two questions. The first 
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1 one is just kind of cl';lrifying. Underneath the 

2 fugitive dust control plan, we're basically taking it • 

3 from a rulemaking process and putting it into a 

4 permitting process. Is that true? 

5 MR. GORMAN: It would be a staff review process. 

6 So instead of having this proscribed plan as it 

7 exists already in the rul~, they h~ve a seties of. 

8 criteria by which they structure the plan that is 

9 then submitted to IDEM for review and approval. 

10 MR. KURT ANDERSON: And that will be part of the 

11 permit then or -- I can't understaQd why it would not 

12 be. 

) 13 MR. GORMAN: It would already be a part of their • 

14 Title 5. 

15 MR. KURT ANDERSON: And that type o£ process I 

16 truly believe belongs there, so -- the other point is 

17 on the blast furnace. You said there was an old 

18 regulation governing that. I guess my question is 1 

19 believe there is. There's a requirement for a ~lare 

20 as a type of control technology. Right? 

21 MR. GORMAN: Well, right. I'm just saying there 

22 are no"limits imposed on ot~er flares ih Indiana. 

23 I'm sorry. Let me clarify. 

24 MR. KURT ANDERSON: But there is a 

25 technology-based requirement that they :are meeting • 
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1 with that flare? 

2 MR. GORMAN: That's my understanding, that that 

3 flare is necessary for the safe. op~ration of their 

4 blast furnace gas recovery system. 

5 MR. KURT ANDERSON: Thank you. 

6 CHAIRMAN MINER: Any additional comments or 

7 questions for Sean? 

8 .MR. THOMAS ANDERSON: A quick question on the 

9 relationship ~- because I saw in the rule on the 

10 regional haze that this was one of the sources 

11 mentioned in the fact sheet. Could you explain 

12 what -- I mean, maybe just because of the size of the 

13 emissions here or what impact this fugitive dust plan 

14 may h~Ve on the rule -- on the regional haze rule? 

15 MS. TROTH: Ken Ritter might be the more I 

16 appropriate person. to respond to that question, Tom. 

17 MR. THOMAS ANDERSON: Okay. 

18 MS. TROTH: Ken, can you ~-

19 AUDIENCE MEMBER: He stepped out. 

20 MR. THOMAS AND~RSON: Because I did see that 

21 mentioned as just one of maybe five or six sources 

22 from Indiana that ~ould be addressed by the. regional 

23 haze rule. 

24 MR. KURT ANDERSON: And fugitive dust will not 

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·~ be an issue, but regional haze, that would be more of 25 
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1 a sulfur dioxide/nitrogen dioxide issue. 

2 MR. MURRAY: The particulate matter that would • 

3 be part of the fugitive control plan would not 

4 typically be of that size that would .transport to the 

5 northeast states that are concerned about regional 

6 haze. It's more a component of sulfur dibxide and 

7 oxide and nitrogen emissions. 

8 MR. THOMAS ANDERSON: Like the sulfur dioxide 

9 from a flare, for example? 

10 MR. MURRAY: Correct. 

11 CHAIRMAN MINER: Any additi~nal comments or 

12 questions for Sean? Thank you very much. 

13 MR. GORMAN: Thank you. • 

14 CHAIRMAN MINER: I again d~n't have any speakirig 

15 cards from the general public regarding this rule. 

16 Is there anyone in the public that wishes to comment 

17 at this time? Seeing none, this hearing is now 

18 concluded. The board will take action on preliminary 

19 adoption of amendments to 326 IAC 6-6-5 and 326 IAC 

20 7-4-14. Are theie any questions at present from the 

21 board for the administration or technical staff 

22 regarding this rule? Seeing none, I would ~ntertain 

23 a motiort for preliminary adoption of ame~dments to 

24 Rule IAC 6-6-5 and 326 IAC 7-4-14. 

) 25 MR. HORN:. So moved. • 
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1 CHAIRMAN MINER: A motion from MY. Chris Horn. 

2 MR. WARNKE: Second. 

3 CHAIRMAN MINER: And a second from Mr. Warnke. 

4 All those in favor signify by saying aye. 

5 BOARD MEMBERS: Aye. 

6 CHAIRMAN MINER: Opposed? Preliminary adopti6n 

7 is passed. 

8 It would probably be advantageous before we get 

9 into the bulk of the meeting to take a few-minute 

10· bre~k before we start on the lengthy portion of the 

11 agenda today. So we're taking a ten-minute break 

12 until 2:00. 

• 13 (AT THIS TIME THERE WAS A RECESS, AFTER WHICH 

14 THE FOLLOWING PROCEEDINGS WERE HELD:) 

15 CHAI~MAN MINER: Come to order again for the 

16 second half af this meeting. I 

This is now a public 

17 hearing before the Air Pollution Control Board of the 

18 State of Indiana regarding final adoption of 326 IAC 

19 24, the Clean Air Mercury Rule. I'll now introduce 

20 Exhibit 5-A, the proposed rule as preliminarily 

21 adopted with IDEM's suggested changes incorporated, 

22 and Exhibit s~s, the propbsed rule as preliminarily 

23 adopted, into the-record of the hearing. Pat, is 

24 th~re someone who wishes to speak from the --

25 MS. TROTH: Susan Bern is going to present this 
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STATE OF INDIANA ) 

~-'' '··) . · . . , . 

J 

) ss: 

COUNTY OF BOONE ) 

I, Tavi L. Fra~a, RPR, a Notary Public in and 

for the State of Indiana, do hereby certify that the 

foregoing proceedings were taken dowfi in stenographi 

notes and afterwards reduced to typewriting under my 

direction, and that the typewritten transcript is a 

true record of the proceedings to the best of my 

ability; 

I do further certify that I am a disinterested 

person in this matter, that I am not a relative or 

attorney of any of the parties, or otherwise 

interes-ted in the event of this matter, and am not in 

• 

the employ of any of the parties. 

IN WITNESS WHEREOF, I have her~unto set my hand 

and affixed my notarial seal this 30th day of 

October, 2007. 

My Commission Expires: 

February 8, 2010 

TAVI L. FRA~A 

Printed Signature • 
TITLE 326 AIR POLLUTION CONTROL BOARD 

DRAFT RULE 

LSA Document #07-88 

DIGEST 

EXHIBIT4 

Dnn (#07-88) 

ISG Burns Harbor LLC 

October 3, 2007 

Amends 326 lAC 6-6-5 and 326 lAC 7-4-14 concerning operations at ISG Bums Harbor LLC. 

Effective 30 days after filing with the Publisher. 

IDSTORY 

First Notice: February 21, 2007, Indiana Register (DIN: 20070221- IR-326070088FNA). 

Second Notice: August 8, 2007, Indiana Register (DIN: 20070808- IR-326070088SNA). 

Notice of First Hearing: August 8, 2007, Indiana Register (DIN: 20070808- IR326070088PHA). --

Date of First Hearing: October 3, 2007 

326 lAC 326 lAC 6~6-5 

326 lAC 326 lAC 7-4~14 

DRAFT RULE 

SECTION 1. 326 lAC 6-6-5 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 6-6-5 ISG Burns Harbor LLC fugitive particulate matter emission control plan 

Authority: IC 13-14-8; 13-17-3-4; IC 13-17~3-U;IC 13-17-3-12 

Affected: IC 4-21.5; IC 13-11-2-205; 13-15; 13-17 

Sec. 5. (a) fu ordct to in1plement its nonttaditional fngiti'\'e dnst eorrtiol program; Bethlehem 

shall pmehase·a high presstn:e watct fl:ttshing ttttck and a ttaetor sweepet with broom and install a 

water filling stationfot the flnsher tt nek and a tar:rk fm the storage and dispensing ofliqnid chctnieal 

dnst retardant. The foil owing control measmes shall then be itnplemctrted at the Dm ns !!arbor Plant 

at the specified fieqnency. 

(l)A total oftwency•fum (24) miles ofpa~ed andmtpaved roads as shown in Fignre 1 shall 

be eontt oiled as described below. 

(A) A total of 12.7 miles of paved roads shall be eleatted tluee (3) times per week by 

water washing ming a flnsher ttnck except as indicated in snbseetion (a)(4}ofthis 

seetion.ln addition, at least twice per 'IJveek, 7.9 miles ofthese roads in the primary 

facilities mea will also be wet swept nsing a ttactor mottnted broom following the 

flusher tr nck. Road shonlder s on the 12.7 miles of paved roads will be graded rts 

requited and tteated with a chemiCal dmt tetar dant at the same :6: eqnene, specified 

below fot. tmpay ed roads. Aeenmnlated material on toad shottldct s will be remO"V ed 

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at least once per month. 

Drm (#07-88) 

ISG Bums Harbor LLC 

October 3, 2007 

)!l~ ~ ~:1 ~~·==~ed toeds sh_all be conttolled. This will consist ()f 

applieatiort ofa two (2}to fotu 04{i:~~it;re~d~ to 09~ lmge material, a:ttd the 

shall be sprayed with dttst sttppressa:ttt soltttion ne sag .~~te neeessary ... smfaees 

the rnanttfaetttr er 's r eeormnendations Tl d at a:tt appheatton I ~e eonststent with 

I ate shall be snob that a er ttst ~ill be f; te ;st s('pr essant tnatettal a:ttd application 

cleaning via flttshing and s~eeping ;r~e o;.t t1e road stufaecthat is amenable to 

~ith a flnshet trttek: follo~ed b ~ 4:1: sttr aees shall be cleaned twice per week 

r espr ay ed vv ith chemical dttst y a ae or mottnted bt oom. Road sttr faces shall be 

snrfaee. The soltrtion strength s:J't ess~ :s rteeessM?' to rnahrtain. a cleanable 

application based npon the condition ~ftl:~as:~~= wtll be determined prior to 

(2) Bethlehem shall control its lo~ \iolatilc coal stella . . . . per . week ~ itlt a chetnieal dttst 

1 

etm da:ttt. ~e pries by spt ay mg thcrn at least once 

(3) R:eeor ds ofall fugitil e dttst eontt ol aeti iti I H b . . shall contain the folio~ ing informati v es nae tnaurtarned. At a minirnmn, reeor ds 

on. 

(A) nttntber of mil~s and location of the pir\i ed I oads elemtod 

(D) rmmber of mtles of nnp d . . d 1 . ' 

qttarrtiey, and diltttion ratio :f~~:t r::;~ar::~~d ~ere treated inclttding the eype, 

(C) ltlte type, ~ttantity, and diltrtion ratio ofdttst ;etmda:ttt sprayed.onlo l fl 

eoa storage pries. . vv '\iO a 1 e 

This information shall be sttmm · d . · qtta:t terly . . at tz:e tnto pt ogress reports a:ttd sttbmitted to tlte board 

E4) Tltis nontraditional fugiti'\ie d t 1 . . needed to take into aecottnt pree:~ eo~rtro prograrn can be adjttsted .on a dai? basis as 

example, rainfall and temper atttr e) an~ ~y ~ndb foree~d meteorologteal conditions (for elearted. . ' v tstta o seiV attons of the I oad\lv ay s sehedttled to be 

(Fig:: ~~thlehem Steel Corporation noirtraditional fugiti'\ie dttst eorrtrolroads is sho~n as follo~s 

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ISG Bums Harbor LLC 

October 3, 2007 

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(a) Effective November 17, 2007, ISG Burns Harbor LLC shall implement an approved 

fugitive particulate matter emission control plan meeting the requirements of this section. 

(b) The following definitions apply throughout this section: 

(1) "As needed basis" means the frequency of application necessary to minimize 

visible particulate matter emissions as defined in the control plan. 

(2) "Fugitive particulate matter emissions" means particulate matter that is 

emitted from any source by means other than through a stack. 

(3) "Open aggregate pile" means the unenclosed storage of material consisting 

of, but not limited to, slag produced during the manufacture of iron and steel, 

sand, gravel, stone, and coal, which is finer than two hundred (200) mesh size 

equal to or greater than one percent (1%) by weight. Open aggregate material 

mesh size shall be determined by the "American Association of State Highway 

and Transportation Officials Test Method T27-74", or other equivalent 

procedures approved by the commissioner. 

( 4) "Paved road" means any asphalt or concrete surfaced thoroughfare or rightof-way: 

(A) designed or used for vehicular traffic; and 

(B) located on the property of, or owned by, an individual or company. 

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ISG Bums Harbor LLC 

October 3, 2007 

(5) "Potential emissions" means fugitive particulate matter emissions calculated 

after the application of air pollution control: 

(A) measures; or 

(B) equipment. 

(6) "Unpaved ro~ds" means any surfaced thoroughfare or right-of':'way, other 

than a paved road as defined in subdivision (4), that is: · 

(A) designed or used for vehicular traffic; and 

(B) located on the property of, or owned by, an individual or company. 

(c) ISG Burris Harbor LLC's fugitive particulate matter emission control plan shall be 

inwriting and shall include, at a minimum, the following information: 

(1) The name and address ofthe owner or operator responsible for the execution ofthe 

control plan. 

(2) Identification of all: 

(A) processes; 

(B) operations; and 

(C) areas; 

that have the potential to emit fugitive particulate matter. 

(3) A map of the source showing the following: 

(A) Aggregate pile areas. 

(B) Access areas around the aggregate piles. 

(C) Unpaved roads. 

(D) Paved roads. 

(E) Parking lots. 

(F) Location of conveyors and transfer points. 

(G) Other potential sources of fugitive particulate matter. 

(4) The number and types of vehicular activity occurring on the following: 

(A) Paved.roads. 

(B) Unpaved roads. 

(C) Parking lots. 

(5) The type and quantity of material handled~ 

(6) The equipment used to maintain aggregate piles. 

(7)-A description of the measures to be implemented to control fugitive particulate 

matter emissions resulting from emission points identified in subdivision (3). 

(8) A specification ofthe dust suppressant material, such as oil or chemical, including 

the estimated . frequency of application, r~tes, and concentrations of the dust 

suppressant. 

(9) A specification of the particulate matter collection equipment used ~s a fugitive 

particulate matter emission control measure. 

(10) A schedule of compliance with the provisions of the control plan. The schedule 

shall specify the amount of time the source requires to: 

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(A) award any necessary contracts; and 

Dnn (#07-88) 

ISG Bums Harbor LLC 

October 3, 2007 

(B) commence and complete construction, installation, or modification of the 

"fugitive particulate matter emission control measures. 

(11) Other relevant data that may be requested by the commissioner to evaluate the 

effectiveness of the control plan. 

(d) Records that document all control measures and activities to be implemented in 

accordance with the approved control plan shall be: 

(1) kept and maintained; 

(2) retained for at least five (5) years; and 

(3) made available upon the request ofthe commissioner. 

(e) All control measures specified in this subsection shall be considered reasonably 

available control measures (RACM). The frequency of application for all control measures 

shall be detailed in each control plan. No control plan shall contain control measures that 

violate the provisions of state statutes or rules. Fugitive particulate matter emissions from the 

emission points specified in this section shall be controlled as follows: 

(1) Paved roads, unpaved roads, marshaling yards, slab haul roads, slab and coil 

storage areas, designated beach iron dumping areas, blast furnace slag pit processing 

activities, iron and steel slag pot dumping areas, and parking lots as follows: 

(A) Paved roads and paved parking lots by the use of one (1) or more of the 

following measures: 

(i) Cleaning by vacuum sweeping. 

(ii) Flushing. 

(iii) An equivalent alternate measure. 

(B) Unpaved roads, marshaling yards, slab haul roads, slab and coil storage 

areas, designated beach iron dumping areas, blast furnace slag pit processing 

activities, iron and steel slag pot dumping areas and unpaved parking lots by 

the use of one (1) or more ofthe following measures: 

· (i) Paving with a material such as asphalt or concrete. 

(ii) Treating with a suitable and effective commercially available 

petroleum based dust suppressant or water based dust suppressant 

approved by the commissioner. The frequency of application shall be on 

an as needed basis, 

(iii) Spraying with water. The frequency of application shall be on an as 

needed basis. 

(iv) Double chip and seal the road surface and maintain on an as needed 

basis. 

(v) An equivalent alternate measure. 

(2) Open aggregate piles by the use of one (1) or more of the following measures: 

(A) Cleaning the area around the perimeter of the aggregate piles; 

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Dnn (#07-88) 

ISG Bums Harbor LLC 

October 3, 2007 

(B) Applying a suitable and effective oil or other dust suppressant on an as 

needed basis. 

(C) An equivalent alternate measure. 

(3) Outdoor conveying of aggregate material, such as, but not limited to, slag produced 

during the manufacture of iron and steel, sand, gravel; stone, and coal, by equipment 

such as belt conveyors and bucket elevators, by the use of one (1) or more of the 

following measures: 

(A) Enclosing the conveyor belt totally on the top and· sides as needed to 

minimize visible emissions and, if needed, exhausting emissions to particulate 

control equipment during operation of conveyor. 

(B) Applying water or suitable and effective chemical dust suppressant at the 

feed point,. at intermediate points, or at both, as needed to minimize visible 

emissions. 

(C) An equivalent alternate measure. 

(4) Transferring of aggregate material shall be controlled by the use ofone (1) or niore 

of the following measures: 

(A) Minimizing the distance between the transfer points. 

(B) Enclosing the transfer points and, if needed, exhausting emissions to 

particulate control equipment during the operation ofthe transferring system. 

(C) Application ofwater or suitable and effective chemical dust suppressant as 

needed to minimize visible emissions. 

(D) An equivalent alternate measure. 

(5) Transporting aggregate material by truck, front-end loader, or similar vehicle by 

the use of one (1) or more of the following measures: 

(A) A completely ,enclosed vehicle. 

(B) Tarping the vehicle. 

(C) Maintaining the vebicle body in such a condition that prevents any leaks of 

aggregate material. 

(D) Spraying the materials in the vehicle with a suitable and effective dust 

suppressant. 

(E) An equivalent alternate measure. 

(6) Loading and unloading operations of the material from storage facilities, such as 

bins, hoppers, and silos, onto or out of vehicles by th~ use of one (1) or more of the 

following measureS: 

(A) Enclosure of the material loading and. unloading area. 

(B) Total or partial enclosure of the facility and exhausting of emissions to 

particulate collection equipment. Such equipment shall be approved by the 

commissioner. 

(C) Spraying with water or suitable and effective chemical dust suppressant as 

needed to minimize visible emissions. 

(D) Reducing the free fall distance. 

Page 6.of 13 

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(E) An equivalent alternate measure~ 

Dnn (#07-8&) 

ISG Bums Harbor LLC 

October 3, 2007 

(7) Hauling and dumping solid waste (as defined in IC 1J.:.ll-2-205(a)) as follows: 

(A) Hauling solid waste by the use of one (1) or more of the following measures: 

(i) Wet suppression ofthe material being transported. 

(ii) Hauling the material enclosed or covered. 

(iii) Minimizing · the free fall distance when unloading from the 

particulate collection equipment or from the process equipment onto the 

hauling vehicle, or from both. 

(iv) An equivalent alternate measure. 

(B) Dumping solid waste by the use of one (1) or more of the following 

measures: 

(i) Applying water or suitable and effective chemical dust suppressant 

on an as needed basis to minimize visible emissions. 

(ii) Minimizing the free fall distance ofthe material. 

(iii) An equivalent alternate measure. 

(8) Material handling operations, such as crushing, grinding, screening, and mixing, 

by the use of one (1) or more of the following measures: 

(A) Wet suppression. 

(B) Enclosure of emission source with venting of emissions to a fabric filter. 

(C) An equivalent alternate measure. 

(9) Building openings, such as doors, windows, powered or unpowered ventilators, or 

roof monitors, by the use of one (1) or more of the following measures: 

(A) Installing a removable filter over appropriate building openings. 

(B) Capturing emissions within the building by the use of a proper hood system 

and conveying through a duct to particulate collection system approved by the 

commissioner. 

(C) An in-house operating and procedure maintenance program consisting of 

the· following: 

(i) Proper maintemince of the process equipment and particulate 

collection system approved the commissioner. 

(ii) Substitution of the process equipment, material, or operating 

procedure that will minimize visible emissions. 

(D) An equivalent alternate measure. 

(f) Within three (3) months of receiving a control plan, the commissioner shall notify 

ISG Burns Harbor LLC of: 

(1) the approval of the control plan; 

(2) modifications that the commissioner deems necessary to the control plan; or 

(3) disapproval of the control plan. 

(g) lfthe commissioner finds a control plan to be incomplete, ISG Burns Harbor LLC 

Page 7 of13 
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shall provide the commissioner with the required additional information. 

Dnn (#07-88) 

ISG Burns Harbor LLC 

October 3, 2007 

(h) In determining if an alternate control measure represents a RACM.as specified in 

this section, ISG Burns Harbor LLC shall submit and the commissioner shall consider 

information pertaining to factors, including, but not limited to, the following: 

(1) The impact on the environment in terms of any increase in water, air, or 

solid waste pollution emissions. 

(2) The energy requirements ofthe selected control measure. 

(3) The: 

(A) capital expenditure; 

(B) impact on production; and 

(C) operating costs; 

to implement the selected control measure; 

(4) The impact ofthese costs. 

(5) Any adverse worker or product safety implications of the selected control 

measure. 

(i).If a control plan is disapproved by tlie commissio._er, ISG Burns Harbor LLC shall 

have up to fifteen (15) days from the date of receipt of the disapproval letter to ~equest, in 

writing, a hearing on the matter. In the event a hearing is requested: 

(1) it shall be held in accordance with the requirements set forth in IC4-21.5; and 

(2) the burden of proof shall lie with ISG Burns Harbor LLC to demonstrate why the 

control plan is appropriate. 

G) The control plan approved by the commissioner shall become part of ISG Burns 

Harbor LLC's operating permit. 

(Air Pollution Control Board; 326 lAC 6-6-5; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2510; 

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

SECTION 2. 326 lAC 7-4-14 IS AMENDED TO READ AS FOLLOWS: 

3261AC 7-4-14 Porter County sulfur dioxide emission limitations 

Authority: IC 13-14-8; 13-17-3-4; 13-17-3-11; 13-17-3-12 

Affected: IC 13-15; 13-17 

Sec. 14. The following sources and facilities located in Porter County shall comply with 

the sulfur dioxide emission limitations in pounds per million Btu (lbs/MMBtu) and pounds per 

hour (lbs/hr), unless otherwise specified, and other requirements: 

(1) Bethlehem Steel ISG Bums Harbor Works LLC shall comply with the following: 

(A) The following facilities shall bum natural gas only: 

Page 8 ofl3 

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(i) BOF Shop FM Boiler. 

Drm (#07-88) 

ISG Burns Harbor LLC 

October 3, 2007 

(ii) 160 inch Plate Mill Continuous Hardening and Annealing Heat Treatment 

Furnace. 

(iii) 160 inch Plate Mill Boilers No.2 and 4. 

(iv) Batch Annealing Furnaces (24). 

(v) Continuous Heat Treat Line- Preheat, Heating and Soaking, and Reheat. 

(B) The following facilities shall comply with the sulfur dioxide emission limitations and 

other requirements: 

Emission Limitations 

Facility Description lbs.IMMBtu lbs./hr. 

(i) Blast Furnace C Stoves 0.83 545 

(ii) Blast Furnace D Stoves 0.83 545 

(iii) Blast Ftttmtcc Flare 6:69 

(h7 (iii) Sinter Plant Windbox 1 1.0 pound per ton400 

M (iv) No. 1 Coke Battery Underfire 

('ri)" (v) No. 2 Coke Battery Underfire 

(vii) (vi) Slab Mill Soaking Pits: 

process material 

1.73 

1.96 

803 

911 

(AA) No Not more than nine (9) of thirty-two (32) horizontally 

discharged soaking pits may be fired on coke oven gas at the same time 

with total sulfur dioxide emissions not to exceed four hundred eightytwo (482) pounds per hour. 

(BB) The remaining twenty-three (23) of thirty-two (32)horizontally 

discharged soaking pits may bum blast furnace andfor natural gas, or 

both, with total sulfur dioxide emissions not to exceed twenty-four (24) 

pounds per hour. 

(CC) The four (4) vertically discharged soaking pits may bum blast 

furnace andfor natural gas, or both, with total sulfur dioxide emissions 

not to exceed four (4) pounds per hour. 

('riii1. (vii) 160 inch Plate Mill Continuous 1.96 299 

Reheat Furnace No. 1 and Boiler No. 1 

fix)' (viii) 160 inch Plate. Mill Continuous 1.96 299 

Reheat Furnace No. 2 and Boiler No.· 3 

W (ix) 80 inch Hot Strip Mill Furnace 1.96 79 each 

No. l, 2, and 3 

tri)'(x) 110 inch Plate Mill Furnaces No. 1.96 441 

1 and2 

tm] (xi) 110 inch Plate Mill Normalizing 1.07 88 

Furnace 

tmi} (xii) 160 inch Plate Mill I & 0 1.96 274 

Furnaces No. 4 and 5 

Page 9 of13 
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) _ _./ 

{xiv1 (xiii) 160 inch Plate Mill I & 0 1.96 

Furnaces No.6 an,d 7 

(x-vt (xiv) 160 inch Plate Mill I & 0 Furnace 1.96 

No.8 

txvi} (xv) Power Station Boiler No. 7 0.8 

fx'ri17 (xvi) Power Station Boilers No. 8, 9, 1.45 

10, 11, and 12 

Dnn (#07-88) 

ISG Bums Harbor LLC 

October 3, 2007 

274 

176 

520 

2,798 

(C) As an alternative to the sulfur dioxide emission limitations specified in clause (B), 

Bethlehem Steel ISG Burns Harbor LLC shall comply with the sulfur dioxide 

emission limitations and other requirements as follows: 

Emission LimitAtions 

Facility Description lbs.IMMBtu lbs.lhr. 

(i) Blast Furnace C Stoves 0.75 498 

(ii) Blast Furnace D Stoves 0.75 498 

(iii) Blast Fmnaee Flme &.67 

twf(iii) . Sinter Plant Windbox 1.0 pound per ton400 

M (iv) No. 1 Coke Battery Underfrre 

tvi} (v) No. 2 Coke Battery Underfire 

tvttr(vi) Slab Mill Soaking Pits: 

process material 

1.57 

1.78 

730 

828 

(AA) No Not more than six (6)ofthirty-two (32) horizontally 

discharged soaking pits may be frred on coke oven gas at the same time 

with total sulfur dioxide emissions not to exceed tWo huridred ninetytwo (292) pounds perhour. 

(BB) The remaining twenty-six (26) ofthirty-two (32}horizontally 

discharged soaking pits may burn blast furnace andTor natural gas, or 

both, with total sulfur dioxide emissions not to exceed twenty-seven 

(27) pounds per hour. 

(CC) The four (4) vertically·discharged soaking pits may burn blast 

furnace andTor natural gas, or both, with total sulfur dioxide emissions 

not to exceed four ( 4) pounds per hour. 

fviii7 (vii) 160 inch Plate Mill Continuous 1. 78 293 

Reheat Furnace No. 1 and Boiler No. 1 

tix}-(viii) 160 inch Plate Mill Continuous 1.78 293 

Reheat Furnace No. 2 and Boiler No. 3 

{x]-(ix) 80 inch Hot Strip ·Mill Furnace 1.78 483 each 

No.1, 2, and 3 

~(x) 110 inch Plate Mill Furnaces No. 1.78 401 

1 and 2 

~(xi) 110 inch Plate Mill Normalizing 1.07 88 

Furnace 

Page 10 of13 

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Dnn (#07-88) 

ISG Bums Harbor LLC 

October 3, 2007 

~xii) 160 inch Plate Mill I & 0 1.78 249 

Furnaces No.4 and 5 

If 160 inch Plate Mill I & 0 Furnaces No. 6 andfor 7, or both, are in operation on 

a fuel other than natural gas, Furnaces No.4 and 5 shall not operate or shall bum 

natural gas only. 

~ (xiii) 160 inch Plate Mill I & 0 1.78. 249 

Furnaces No. 6 and 7 

If 160 inch Plate Mill I & 0 Furnaces No.4 andfor 5, or both, are in operation on 

a fuel other than natural gas, Furnaces No. 6 and 7 shall not operate or shall bum 

natural gas only. 

(n-1 (xiv) 160 inch Plate Mill I & 0 Furnace 1. 78 160 

No.8 

txvi] (xv) Power Station Boilers No. 7 0.8 520 

~(xvi) Power Station Boilers No. 8, 9, 1.45 total 2,500 total 

10, 11, and 12 

(x\fiii) Bethlehem Steel (xvii) ISG Burns Harbor LLC shall notify the 

department at least twenty-four (24) hours prior to reliance on the alternative 

set of limits specified in items (i) through '(x'rii}·Dethlehetn Steel (xvi). ISG 

Burns Harbor LLC shall maintain records of fuel type and operational status 

of facilities listed in items (xii) and (xiii) and shall make the records available 

to the department upon request. 

~ (xviii) For the purposes of326 lAC 7-2-1(c)(2), compliance shall be 

determined based on separate calendar month averages for the set of 

requirements specified in this clause and for the set of requirements specified in 

clause (B). 

(D) Coke oven gas usage at facilities other than the No. 1 and 2 Coke Battery 

Underfire Stacks shall be restricted to 110 not more than seventy-five (75) million cubic 

feet per day. Total sulfur dioxide emissions from the facilities listed in clause (B)(i) 

through (D)(iv), (D)('~ii)(AA) thtongh (D)(lii)(DD), (D)(liii) th1ongh (D)(xi) (B)(iii), 

(B)(vi)(AA) through (B)(vi)(BB), (B)(vii) through (B)(x), and (D)(xiii) tlnongh 

(D)(xvii) (B)(xii) through (B)(xvi) shall not exceed four thousand four hundred 

twenty-nine (4,429) pounds per hour. During periods in which the limits contained in 

clause (C) are in effect, coke oven gas usage at facilities other than the No. 1 and 2 

Coke Battery Underfrre Stacks shall be restricted to no not more than seventy (70) 

million cubic feet per day, and total sulfur dioxide emissions from the facilities listed 

in clause (C)(i) through (C)(iv), (C)('~ii)(AA) tlnongh (C)('~ii)(DD) (C)(viii) thtonglt 

(C)(x:i) (C)(iii), (C)(vi)(AA) through (C)(vi)(BB), (C)(vii) through (C)(x), and 

(C)(xiii) thtongh (C)(xvii) (C)(xii) through (C)(xvi) shall not exceed four thousand 

six hundred thirty ( 4,630} pounds per hour. 

(E) Bethlehem Steel ISG Burns Harbor LLC shall achieve compliance with the 

requirements specified in clause (B) or (C) prior to December 31, 1988. Thereafter, 

Page 11 of13 
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Dnn (#07-88) . 

ISG B1,1111s Harbor LLC 

October 3, 2007 

Bethlehem Steel ISG Burns Harbor LLC shall submit a report to the department 

within thirty (30) days following the end of each calendar quarter containing the 

following information: 

(i) Records of the total coke oven gas, blast furnace gas, fuel oil, and natural 

gas usage for each day at each facility listed in clauses (B) thtottgh and (C). 

(ii) Records of the: 

(AA) average sulfur content and heating value as determined per the 

procedures specified in clause (F) for each fuel type used during the calendar 

quarter; and ofthe-

(BB) maximum number of slab mill soaking pits burning coke oven gas at any 

given time during each day. · 

(iii) The calculated sulfur dioxide emission rate in the applicable emission units 

(pounds per hour, pounds per million Btu, andfor pounds per ton) for each 

facility for each day and the average sulfur dioxide emissions from the facilities 

listed in clause (C)(i) through (C)(iv), (C)('vii)(AA) thtottgh (C)('vii)(DD), 

(C)(viii) thtottgh (C)(xi) (C)(iii), (C)(vi)(AA) through (C)(vi)(BB), (C)(vii) 

through (C)(x), and (C)(xiii) tluough (C)(nii) (C)(xii) through (C)(xvi) for 

each day in pounds per hour during the calendar quarter. 

(F) Dethlehetrt SteeliSG Burns Harbor LLC shall submit a sampling and analysis 

protocol to the department by December 31, 1988. The protocol shall: 

(i) contain a description of planned procedures for: 

(AA) sampling of sulfur-bearing fuels and materials; ;-for-

(BB) analysis of the sulfur content; and for · 

(CC) any planned direct measurement of sulfur dioxide emissions vented 

to the atmosphere The ptotoeolshai:l; and 

(ii) specify the frequency of sampling, analysis, andfor-measurement for each: 

(AA) fuel and material; and fot each 

(BB) facility. 

The department shall incorporate the protocol into the source's operation permit 

per procedures specified in 326 lAC 2. The department may revise the protocol as 

necessary to establish acceptable sampling, analysis, andfor measurements 

procedures and frequency. The department may also require that a source conduct 

a stack test at any facility listed in this subdivision within thirty (30) days of 

written notification by the department. 

(2) Northern Indiana Public Service Company Bailly Station shall comply with the 

following: 

Emission Limitations 

Facility Description lbs.IMMBtu 

(A) Boilers 7 and 8 6.0 each 

Boilers 7 and 8 shall be fired with coal; fuel oil, or natural gas. 

(B) Gas Turbine 10 natural gas only 

Page 12 of13 

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(3) Midwest Steel shall comply with the following: 

Drm (#07-88) 

ISG Bums Harbor LLC 

October 3, 2007 

Emission Limitations 

Facility Description lbs./MMBtu 

Babcock and Wilcox Boiler 1 and Erie City Boilers No. 1, 1.33 each 

2, and 3 

Only two (2) of four (4) boilers may bum fuel oil with a sulfur dioxide emission rate greater 

than three-tenths (0.3) pounds per million Btu at the same time. Midwest Steel shall maintain 

records of fuel type for each boiler for each hour. The records of fuel type shall be made 

available to the department upon request. 

( 4) Air Products and Chemical shall comply with the following: 

Facilitv Description Emission.Limitations 

All boilers and the No. 3 Hydrogen Reformer natural gas only 

(Air Pollution Control Board; 326 lAC 7-4-14;jiled Aug 28, 1990, 4:50p.m.: 14 IR 78; 

readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35p.m.: 26 IR 

1568) 

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':~· 

BEFORE THE STATE OF INDIANA 

AIR POLLUTION CONTROL BOARD 

RECBVED 

APR 0 9 2009 

IDEM-OLC 

PUBLIC MEETING OF APRIL 1, 2009 

ORIGINAL 

PROCEEDINGS 

before the Indiana Air Pollution Control Board, 

Thomas Anderson, Chairman, taken before me, 

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

the State of Indiana, County of Shelby, at the 

Indiana Government Center South, Conference 

Center, Room A, 402 West Washington Street, 

Indianapolis, Indiana, on Wednesday, April 1, 

2009 at 1:02 o'clock p.m. 

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

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 

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APPEARANCES: 

BOARD MEMBERS: 

Thomas Anderson, Chairman 

Jeffrey Quyle 

Greg Kissel 

Randy Staley 

Dr. Phil Stevens 

Chris Horn 

Howard W. Cundiff, Proxy, State Board of 

Health 

Pamela Fisher, Proxy, Indiana Economic 

Development Corporation 

Brandon Seitz, Proxy, Lieutenant 

Governor 

IDEM STAFF MEMBERS: 

Thomas W. Easterly, Commissioner 

Pat Troth 

Nancy King 

Ann Long 

Amy Smith 

Betsy Rouse 

Janet Pittman 

PUBLIC SPEAKERS: 

Janet McCabe 

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CHAIRMAN ANDERSON: 

1:02 o'clock p.m. 

April 1, 2009 

The April 1st, 

2009 meeting of the Air Pollution Control Board 

will come to order. A quorum of the Board is 

present. 

I'd like to introduce members and their 

representations, as we go to Howard Cundiff, 

proxy for the Department Of Health; Pamela 

Fisher, proxy for the Indiana Economic 

Development Corporation; Chris Horn, representing 

labor; Greg Kissel, representing manufacturing; 

Brandon Seitz, proxy for the Lieutenant Governor; 

Randy Staley, representing agriculture; Dr. Phil 

Stevens, representing the general public; and I 

am acting Chairman Tom Anderson, representing 

environmental. 

First we have the Commissioner's report, 

so I guess we have the presentation of the 

commissioner/ Tom Easterly. 

COMM. EASTERLY: Thank you, Tom. 

I don't have a lot to say, but I wanted to 

tell you what's happened since the last meeting 

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Moving to the second public hearing, this 

is a public hearing before the Air Pollution 

Control Board of the State of Indiana regarding 

adoption of amendments to 326 IAC 6-6-5 and 

326 IAC 7-4-14 on behalf of Mittal Steel, LSA 

No. 07-88. 

I will now introduce Exhibit 2-A, the 

proposed rule as preliminarily adopted with 

IDEM's suggested changes incorporated, and 

Exhibit 2-B, which is the proposed rule as 

preliminarily adopted, into the record of the 

hearing. 

Is there anyone from the Department who 

would like to comment on the rule? 

MS. TROTH: Ann Long. 

CHAIRMAN ANDERSON: Ann Long. 

MS. LONG: Good afternoon, 

Mr. Chairman and members of the Board. My name 

is Ann Long, and I'm with the Office of Legal 

Counsel at IDEM. 

32 

The Department is here today to propose 

that the Board recommend redrafted amendments to 

326 IAC 6-6-5 concerning the Fugitive Particulate 

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Matter Control Plan for ArcelorMittal Burns 

Harbor, LLC. 

33 

The need for redrafting the amendments to 

326 IAC 6-6-5 after the amended rule was 

preliminarily adopted by the Board in October 

2007 is explained in a memo from me and in the 

fact sheet in your Board packet today. The 

one-sentence version of my memo could read, "This 

rulemaking needs a slight midcourse correction," 

and I guess that's why they have me, the 

attorney, talking today. 

Since preliminary adoption of the amended 

rule, there have been discussions between IDEM 

and ArcelorMittal and also discussions between 

IDEM and the Attorney General's Office about the 

Fugitive Matter -- or I'm sorry-- the Fugitive 

Particulate Matter Control Plan portion of the 

rulemaking, and that's 6-6-5. 

And basically, ArcelorMittal and IDEM have 

agreed, after several discussions, that the 

preliminarily adopted rule needed to be amended 

to better respond to ArcelorMittal's comments 

during the rulemaking and their subsequent 
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clarification of those comments in relation to 

their ~urrent operations. 

The rule language is also proposed to be 

amended to be clearer, to be completely 

internally consistent, to provide additional 

flexibility for the control plan that would be 

approved by IDEM, and to be consistent with 

34 

326 IAC 6-5 and the rest of the same chapter that 

this rule is in; that is, 326 IAC 6-6. 

The proposed amendments that are before 

you today are not a logical outgrowth of the 

preliminarily adopted rule, but they are a better 

rule. The logical outgrowth issue, my office, 

the Office of Legal Counsel, and the Attorney 

General's office, concur that the amendments 

before you all today are not a logical outgrowth. 

Therefore, we are suggesting, we are 

asking this Board to proceed with this entire 

rulemaking; that is -- and there's two parts to 

this operations of ArcelorMittal Steel rule --

the amendments to 6-6-5 that have to do with the 

Fugitive Particulate Matter Control Plan, and 

then the amendments to 7-4-14, that is the 802 

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flare limit, under the provisions of Indiana Code 

13-14-9-9 Sub (3), which I will now explain. 

Under this procedure, the Board would 

recommend the amendments that are contained in 

IDEM's suggested change document to the 

preliminarily adopted 07-88. That action would 

invoke another statute, 13-14-9-11, under which 

the preliminarily adopted rule plus the proposed 

amendments to the fugitive dust control language, 

would be republished in the Indiana Register, and 

that's to provide additional notice so that we're 

overcoming the problem of logical outgrowth and 

we can get additional comments on the amendments 

that have been revised. After publication, the 

Board could then consider final adoption of the 

rules. 

Are there any questions? 

CHAIRMAN ANDERSON: Any questions for 

Ann? 

MS. LONG: Yes. 

DR. STEVENS: So, we're not doing a 

final adoption today; is that correct? 

MS. LONG: No, and I think that --
36 

~) 

1 DR. STEVENS: Because it says final • 

2 adoption on 

3 MS. LONG: -- was kind of a sneaky 

4 thing, yeah. 

5 DR. STEVENS: Okay. 

6 MS. LONG: On the agenda, you see 

7 final adoption, but we were in here to say we're 

8 walking toward final adoption, but we suggest a 

9 republication of this amended language to provide 

10 adequate notice before final adoption. 

11 MR. CUNDIFF: In effect, this is 

12 another preliminary adoption? 

13 MS. TROTH: Huh-uh. • 

14 COMM. EASTERLY: Essentially, but 

15 not -- well 

16 MS. LONG: It is essentially another 

17 preliminary adoption, but the Attorney General's 

18 Office wouldn't say so, actually. 

19 MR. CUNDIFF: I understand. 

20 MS. LONG: So, in trying to work with 

21 how we do a correction -- and, you know, I went 

22 over and talked to them and said, "Look, 

23 there's -- we need to do publication again of 

\ 

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1 this new language, you know, to see if we get 

2 additional comment, to make sure it's all 

3 copacetic with everybody," and this little 

4 statutory procedure is what we came up with, 

5 and -- but it is, it really is repreliminary 

6 adoption. 

7 MR. QUYLE: And do you think any 

8 potential new comments would come from the 

9 steelmaker or from the public. Do you think the 

10 steelmaker wants further time to digest what the 

11 new language encompasses? 

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MS. LONG: I really believe that is 

between the steelmaker and us. The issues are 

fairly resolved. We've had several very long 

37 

15 phone calls, very long e-mails back and forth and 

16 drafts have been exchanged, and I think that they 

17 understand our position and we understand their 

18 current operations a little bit better to be able 

19 to fit this rulemaking more into what they 

20 actually do, okay, and what actually needs to be 

21 done there at the steel company. 

22 Whether other people in the public 

23 comment, I mean that's what we have the other 
38 

') 

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1 the additional comment period for, and I would • 

2 have no way of anticipating what kind of 

3 additional comments would come in. I'm just 

4 saying that the public and ArcelorMittal, if they 

5 want, can certainly continue to comment on the 

6 rule language. 

7 MR. CUNDIFF: But since this is not a 

8 logical outgrowth, then the rule could be 

9 challenged in court and they might win, so we 

10 would need to do this, then. 

11 MR. QUYLE: Uh-huh. 

12 CHAIRMAN ANDERSON: Are there other 

13 questions for Ann? • 

14 (No response.) 

15 CHAIRMAN ANDERSON: I guess I have a 

16 question on what the anticipated reductions would 

17 be from this rule, if you would have those 

18 quantified. 

19 MS. LONG: I have a technical person 

20 on board here. 

21 CHAIRMAN ANDERSON: Okay. 

22 MR. QUYLE: Thank you. 

23 MS. LONG: Amy, do we have 

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39 

1 information on that, or is that something that we 

2 could present at the final rule hearing? 

3 MS. SMITH: We could look into 

4 that --

5 CHAIRMAN ANDERSON: Okay. 

6 MS. SMITH: -- and present it at the 

7 final hearing. 

8 CHAIRMAN ANDERSON: All right. Thank 

9 you for that consideration. 

10 MS. LONG: I mean sure, we would, in 

11 what we anticipate doing, have another actual 

12 final hearing on this where additional questions 

13 would be asked. 

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17 

CHAIRMAN ANDERSON: 

Other questions? 

(No response.) 

CHAIRMAN ANDERSON: 

18 for your presentation. 

MS. LONG: Sure. 

CHAIRMAN ANDERSON: 

Great. Thanks. 

If not, thank you 

I do have one 

19 

20 

21 card. Janet McCabe, Executive Director of 

22 Improving Kids' Environment, wishes to speak on 

23 this rule . 
) 

40 

1 MS. MCCABE: Thank you, Mr. Chairman. 

2 I'm still Janet McCabe, and I actually do have 

3 some questions about this, so I appreciate the 

4 process that the agency is using to allow for 

5 additional comment. 

6 It's from the fact sheet, it's really 

7 pretty hard to tell what these additional changes 

8 are, and to the extent that the agency 

9 acknowledges they're not a logical outgrowth, 

10 that suggests to you that -- suggests to me, 

11 anyway -- that they're significant. 

12 What the fact sheet says is that the 

13 changes allow greater flexibility, and I'll tell 

14 you that that's a phrase that makes my antenna go 

15 up, when I see greater flexibility without more 

16 explanation. So, I did a comparison of the 

17 rules, and I think what I have are questions for 

18 the agency, but I'll state them in the form of 

19 comments and then engage, however, with the 

20 agency to try to answer them. 

21 It appears that the changes -- well, first 

22 of all, let me say that I -- I agree with the 

23 overall approach that it's better to have a 

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system where a company submits a plan for 

approval to control fugitive dust rather than 

spelling every little detail out in the rule, 

which is how they were originally written, so I 

agree with that approach. 

41 

But there are some changes that are 

suggested today, proposed today, that I have some 

questions about. So, here are some examples: 

The new proposed rule changes the definition of 

open aggregate pile. In the original rule, it 

included a variety of different types of 

materials, slag and other sorts of materials, and 

in the rule before you today, it's limited just 

to coal. So, I'm wondering about that, why other 

materials are no longer to be included in the 

fugitive dust control plan. 

It also seems to limit the types of 

locations of the plant that will be covered by 

the fugitive dust control plan to the piles, the 

coal piles, paved and unpaved roads. The 

previous rule included areas around piles, 

parking lots, areas where material is transferred 

or conveyed from one place to another, which 
1 

2 

certainly would be an area where fugitive dust 

could be generated. So, I'm curious about why 

3 those areas are no longer to be covered by the 

4 Fugitive Dust Control Plan. 

5 It appears to -- the steel mills often 

6 have contractors that work on their property, 

7 that conduct various operations on their 

8 property, but are companies that are separate 

9 from the steel mill itself. Those contractor 

10 areas appear no longer to be required to be 

11 covered in the Fugitive Dust Control Plan. 

12 There may well be answers to these 

42 

13 questions, but I wanted to raise them today. So, 

14 I appreciate the opportunity to speak today, and 

15 I'll look forward to hearing from the agency and 

16 talking with the agency about why some of these 

17 changes are going to be made and what the impact 

18 will be on the creation or reduction of fugitive 

19 dust on this property. 

20 

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23 

you. 

Thanks. 

CHAIRMAN ANDERSON: All right. Thank 

Are there any questions for Janet? 

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1 

2 

3 

4 

5 

6 

(No response.) 

CHAIRMAN ANDERSON: Thank you. 

That's all of the cards I have. Is there 

anyone else who wishes to speak on the rule. 

(No response.) 

CHAIRMAN ANDERSON: If not, the 

7 hearing is now concluded. Are there any 

8 questions about the rule from the Board or any 

9 questions for anyone? 

10 (No response.) 

11 CHAIRMAN ANDERSON: If not, I would 

12 entertain a motion to preliminary -- would it be 

13 preliminary adoption? 

14 COMM. EASTERLY: Is it preliminary 

15 adoption or 

CHAIRMAN ANDERSON: I'm-- yes. 

43 

16 

17 MS. LONG: I believe we have proposed 

18 language in the script that talks about 

19 republishing the rule with the suggested changes 

20 for additional comments. 

21 

22 

CHAIRMAN ANDERSON: Exhibit 4. 

COMM. EASTERLY: We've both got to 

23 look because we've never done this before . 
1 

2 

3 

4 

Okay. 

CHAIRMAN ANDERSON: Yeah. 

Do we have any questions? 

(No response.) 

CHAIRMAN ANDERSON: Okay. A motion 

5 should be made to forward the proposed rule with 

6 IDEM's suggested changes incorporated to the 

44 

7 Indiana Register for an additional public comment 

8 period prior to the Board voting on IDEM's 

9 suggested changes and final adopting the rule. 

COMM. EASTERLY: Yeah, that's right. 

MR. CUNDIFF: So moved. 

10 

11 

12 CHAIRMAN ANDERSON: I would entertain 

13 that motion. 

14 (Laughter.) 

15 

16 

COMM. EASTERLY: Do you remember it? 

CHAIRMAN ANDERSON: 

17 moves. 

18 Is there a second? 

19 

20 

21 

22 

23 

seconds. 

MR. STALEY: Second. 

CHAIRMAN ANDERSON: 

All in favor, say aye. 

MR. HORN: Aye. 

MR. KISSEL: Aye. 

Howard Cundiff 

Randy Staley 

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MR. QUYLE: Aye. 

MR. SEITZ: Aye. 

MS. FISHER: Aye. 

MR. CUNDIFF: Aye. 

DR. STEVENS: Aye. 

MR. STALEY: Aye. 

CHAIRMAN ANDERSON: Aye. 

All opposed, nay. 

(No response. ) 

CHAIRMAN ANDERSON: The motion 

carries and the rule is preliminarily adopted and 

sent forward with the language as mentioned. 

Moving on to other matters, is there 

anyone else who wishes to address the Board 

today? 

(No response.) 

CHAIRMAN ANDERSON: If not, I'll move 

to the announcement for the next Air Pollution 

Control Board meeting is tentatively set for 

June 3rd, 2009, 1:00 p.m., Indiana Government 

Center South, Conference Room A, 402 West 

Washington Street, Indianapolis, Indiana. 

contact the Office of Legal Counsel at 

Please 
49 

) 

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, April 1, 2009 in this matter and 

8 transcribed by me. 

9 

10 

11 

12 Notary Public in and 

13 for the State of Indiana. • 

14 

15 My Commission expires October 27, 2016. 

16 

17 

18 

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21 

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23 

I 

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• 

EXHIBIT 2-A. 

Rap with IDEM Changes #07-88 

ISG Bums Harbor LLC 

April I, 2009 

Bold and single underline =new language being added since preliminary adoption 

Bold, sb ikeont and single nndetline new language at preliminary adoption that is being 

deleted (the board will not be requested to final adopt this language) 

TITLE 326 AIR POLLUTION CONTROL BOARD 

PROPOSED RULE AS PRELIMINARILY ADOPTED WITH IDEM'S SUGGESTED 

CHANGES INCORPORATED 

LSA Document #07 -88 

DIGEST 

Amends 326 lAC 6-6-5 and 326 lAC 7-4-'14 concerning operations at ArcelorMittal 

Bums Harbor LLC. Effective 30 days after filing with the Publisher. 

HISTORY 

First Notice: February 21,2007, Indiana Register (DIN: 20070221- IR-326070088FNA) . 

Second Notice: August 8, 2007, Indiana Register (DIN: 20070808- IR-326070088SNA). 

Notice of First Hearing: August 8, 2007, Indiana Register (DIN: 20070808- IR326070088PHA). 

Date of First Hearing: October 3, 2007. 

Proposed Rule: October 31, 2007, Indiana Register (DIN: 20071031-IR-326070088PRA) 

Notice of Second Hearing: October 31,2007, Indiana Register (DIN: 20071031-IR326070088PHA) 

Change ofNotice of Public Hearing: January 16,2008, Indiana Register (DIN: 

20080116-IR-326070088CHA) 

· Change ofNotice ofPublic Hearing: December 3, 2008, Indiana Register (DIN: 

20081203-IR-326070088CHA) 

Change ofNotice of Public Hearing: February 25,2009, Indiana Register (DIN: 

20090225-IR-326070088CHA) 

Date of Second Hearing: April 1, 2009 

326 lAC 6-6-5 

326 lAC 7-4-14 

SECTION 1. 326 lAC 6-6-5 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 6-6-5 ISG BUins Hat bot LLC ArcelorMittal Burns Harbor LLC fugitive 

particulate matter emission control plan 
Rap with IDEM Changes #07-88 

ISG Burns Harbor LLC 

April 1, 2009 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 

Affected: IC 4-21.5; IC 13-11-2-205; IC 13-15; IC 13-17 

Sec. 5. (a) In order to iirtplen1ent its nontraditional fugitive dust control program, Bethlehem 

shall purchase a high pressure water flushing tmck and a tractor sweeper with broon1 and install a 

water filling station for the flusher truck and a tank for the storage and dispensing ofliquid cherl1ical 

dust retardant. The folio wing contiol measures shall then be iinplemented at the Dmns Harbor Plant 

at the specified frequency. 

(1) A total oftwenty-four {24) miles ofpaved and unpaved roads as shown in Figure 1 shall 

be controlled as described below. 

(A) A total of 12.7 miles ofpaved roads shall be cleaned three (3) times per week by 

water washing using a flusher truck ex:cept as indicated in subsection (a)(4) of this 

section. In addition, at least twice per week, 7.9 miles ofthese roads in the primary 

facilities area will also be wet swept using a tractor mounted broom following the 

flusher truck. R:oad shoulders on the 12.7 miles ofpaved roads will be graded as 

required and treated with a chemical dust retardar1t at the same frequency specified 

below for unpaved roads. Accumulated material on road shoulders will be removed 

at least once per month. 

(D) A total of 11.3 miles of unpaved roads shall be controlled. This will consist of 

forming a uniform road surface h) road grading to remove large n1aterial, and the 

application ofa two {2) to four (4) inch layer of fine slag where necessary. Surfaces 

shall be sprayed with dust suppressant solution at ar1 application rate consistent with 

the matmfacturer's reconnnendations. The dust suppressant material and application 

rate shall be such that a crust will be formed on the road smface that is amenable to 

cleaning via flushing and sweeping. R:oad surfaces shall be cleaned twice per week 

with a flusher truck followed by a tractor mounted broom. R:oad surfaces shall be 

resprayed with chemical dust suppressant as necessary to maintain a cleanable 

smface. The solution strength and application rate will be determined prior to 

application based upon the condition of the surfaces. 

{2) Bethlehem shall control its low volatile coal storage piles b:y spraying them at least once 

per week with a chemical dust retardant. 

{3) R:ecor ds of all fugiti v e dust eontr ol aeti v ities shall be maintained. At a mininmm, records 

shall contain the following information. 

(A) number of miles and location of the paved roads cleaned, 

(D) number of miles of unpaved roads which were treated including the type, 

quantity, and dilution ratio of dust retardant used, 

(C) the type, quantity, and dilution ratio of dust retardant sprayed on low volatile 

coal storage piles. 

This information shall be smmnarized into progress reports and sttbmitted to the board 

quarterly . 

2 

.) 

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Rap with IDEM Changes #07-88 

ISG Bums Harbor LLC 

April I, 2009 

(4) Titis nontraditional fugitive dust control progtam can be adjnsted on a daily basis as 

needed to take into account pteceding day and fotecasted tneteotological conditions (fo1 

example, rainfall and tcmperatme), and visual obse1 \lations ofthe toad ways scheduled to be 

cleaned. 

(b) Bethlehem Steel CotpOiation nontraditional fugitive dust contml toads is shown as 

follows (Figure 1) . 

(a) 

Effecm e No, embet 17, 2667, ISG Btu ns Hat bot LLC ArcelorMittal Burns Harbor LLC shall 

implement an appt o,ed submit a fugitive particulate matter emission control plan for the 

Burns Harbor Plant (Plant ID 127-00001) located at U.S. Highway 12 meeting the 

requirements ofthis section to the department within three (3) months after the effective date 

of this rule, notwithstandin~ 326 lAC 6-6-3. The plan shall be in accordance with and subject 

to the following requirements: 

(1) 326 lAC 6-4-6. 

(2) Emission factors and control efficiencies in 326 lAC 6-5-l(d) subdivisions (1) 

through (3) . 

3 
Rap with IDEM Changes #07-88 

ISG Burns Harbor LLC 

April 1, 2009 

(3) ArcelorMittal Burns Harbor LLC may petition the commissioner to use emission 

factors and control efficiencies other than those referenced in subdivision (2) if 

adequate support documentation is submitted demonstratine that the submitted 

emission factors and control efficiencies provide equivalent protection for human 

health and the environment. 

(b) The following definitions apply throughout this section: 

(1) "As needed basis" means the frequency of application necessary to minimize visible 

particulate matter emissions as defined in the control plan. 

(2) "Fugitive particulate matter emissions" means particulate matter that is emitted 

from any source by means other than through a stack. 

(3) "Open aggregate pile'' means the unenclosed storage of matet iaJ consisting of• but 

not limited to, slag pi oduced dut ing the manufactu1 e of it on and steel. sand, gt al el, 

stone, and coal, which is finer than two hundred (200) mesh size equal to or greater 

than one percent (1%) by weight. Open aggregate material mesh size shall be 

determined by the "American Association of State Highway and Transportation 

Officials Test Method T27-74"*, or other equrulent procedures equivalent in • 

reliability as approved by the commissioner. 

(4) "Paved road" means any asphalt or concrete surfaced thoroughfare or right-of- . 

way: 

(A) designed or used for vehicular traffic; and 

(B) located on the property of, or owned by, an indnidual 01 company 

ArcelorMittal Burns Harbor LLC. 

(5) "Potential emissions" means fugitive particulate matter emissions calculated after 

the application of air pollution control: 

(A) measures; or 

(B) equipment. 

(6) "RACM" means reasonably available control measure. 

:ffilffi "Unpaved roads" means any surfaced thoroughfare or right-of-way, other than 

a paved road as defined in subdivision (4), that is: 

(A) designed or used for vehicular traffic; and 

(B) located on the property of, or owned by, an indhidual 01 compan-y 

ArcelorMittal Burns Harbor LLC. 

(cl ISO But ns Hat bot LLC's fugitne pat ticulate matter enrission contt ol plan shall be 

in WI iting and shall include, at a minimum, the following in£01 mation. 

(1) The name and addt ess of the own:et or opera tot 1 espousible for tbe execution of the 

conh ol plan. 

(2) Identification of all. 

4 • 
•• .I 

• 

(A) p1 ocesses; 

(B) opet ations; and 

(C) at eas; 

that ha,. e the potential to emit fugitin pat ticulate matte1 • 

(3) A tnap of the sout ce showin~ the followine. 

(A) Aeet e~ate pile at eas. 

(B) Access at eas at ound the aggt egate piles. 

(C) Unpand 1 oads. 

(D) Pand 1 oads. 

(E) Pat kine lots. 

(F) Location of connyou and ti ansfet points. 

Rap with IDEM Changes #07-88 

ISG Bums Harbor LLC 

April I, 2009 

(G) Othet potential sout ces of fugim e pat ticulate matte1 • 

(4) The nnmbet and cypes of vehicula1 actil'ity occutt in~ on the following. 

(A) P:n ed 1 oads. 

(B) Unpand 1 oads. 

(C) Pat king lots. 

(5) The b pe and quantity of matet ial handled. 

(6) The equipment used to maintain aeet egate piles . 

(7) A desc1 iption of the measut es to be implemented to contt ol fugitil' e pat ticulate 

matte1 enlissions 1 esultin~ ft ont entission points identified in subdhision (3). 

(8) A specification of the dust suppt essant matet ial, such as oil ot che1nical, including 

the estintated ft equency of application, 1 ates, and concenb atious of tbe dust 

supp1 essant. 

(9) A specification of the pat ticulate mattet collection equipment used as a fugith e 

pat ticulate 1natte1 emission conb ol nreasu1 e. 

(16) A schedule of co1npliance "With the pt Ol'isions of the contt ol plan. The schedule 

shaH specifl the amount of tinre the sout ce 1 eguh es to. 

(A) awa1 d any necessa1 y contt acts; and 

(B) commence and conrplete consb uetion, installation, 01 tnodification of the 

fueim e pat ticulate mattet eniission conb ol nreasnt es. 

(11) Other 1 elel' ant data that ma, be 1 equested by the commissionet to e" aluate the 

effectil' eness of the coub ol plan. 

(d) Recot ds that document all conti ol measut es and aethities to be implemented in 

accot dance with the appt ond conb ol plan shall be. 

(1) kept and maintained; 

(2) 1 etained fot at least five (5) yea1 s; and 

(3) made aYailable upon the 1 eguest of the commissionet. 

(c) The contents and record keeping requirements for the fugitive particulate matter 

5 
emissions control plan are as follows: 

Rap with IDEM Changes #07-88 

ISG Bums Harbor LLC 

April I, 2009 

ill The control plan shall be in writing and include, at a minimum the folloWing 

information: 

(A)The name and address of the owner or operator responsible for the 

implementation of the control plan. 

(B) Identification of all: 

(i) Open aggregate pile areas; 

(ii) Paved roads; and 

(iii) Unpaved roads. 

that have the potential to emit fu2itive particulate matter emissions in 

accordance with subsection (d). 

(C) A map of the ArcelorMittal Burns Harbor LLC property showing the 

followin2: 

(i) Open aggregate pile areas. 

(ii) Access areas around the open aggre2ate piles. 

(iii) Unpaved roads. 

(iv) Paved roads. 

(D) The quantity and types of vehicular activity occurring on the following: 

(i) Paved roads. 

(ii) Unpaved roads. 

(E) Quantity of open aggregate piles that have the potential to emit 

fugitive particulate matter emissions. 

(F) The equipment used to maintain open a2gregate piles. 

(G) A description of the control measures to be implemented to control fugitive 

particulate matter emissions resulting from potential emission points identified 

in clause (B). 

(H) A specification of the dust suppressant material that will be used, such as 

oil or chemical, including the estimated frequency and rates of application, 

rates, and·concentrations of the dust suppressant. 

0) A specification of the particulate matter collection equipment that will be 

used as a fugitive particulate matter emission control measure. 

(J) A schedule of compliance with the provisions of the control plan. The 

schedule shall specify the amount of time the source reguires to: 

(i) award any necessary contracts; and 

(ii) commence and complete construction, installation, or modification 

of the fugitive particulate matter emission control measures. 

(K) Other relevant data that may be requested by the commissioner to evaluate 

the effectiveness of the control plan. 

(2) Records that document all control measures and activities to be implemented in 

accordance with the approved control plan shall be: 

6 .) 
• 

• 

Rap with IDEM Changes #07-88 

. ISG Bums Harbor LLC 

(A) kept and maintained at ArcelorMittal Burns Harbor LLC; 

(B) retained for at least five (5) years; and 

(C) made available upon the request of the commissioner. 

April!, 2009 

frlUD. All control measures specified in this subsection shall be considered reasonably 

available control measures (RACM). The frequency of application for all control measures 

shall be detailed in eadr the control plan. No control plan shall contain control measures that 

violate the applicable provisions of state statutes or rules. Fugitive particulate matter 

emissions from the emission points specified in this section shall be controlled as follows: 

(1) Paved roads and unpaved roads marshaling yards, slab haulr oads, slab and coil 

stot age a1 eas, designated beach it on duntping at eas, blast furnace slag pit processing 

acthities, it on and steel slag pot dUinping a1 eas, and par king lots as follows: 

(A) Paved roads and pand pat king lots by the use of one (1) or more of the 

following measures: 

(i) Cleaning by vacuum sweeping. 

(ii) Flushing. 

(iii) An equhalent alternate measute RACM that is equivalent in 

effectiveness to either (i) or (ii) • 

(B) Unpaved roads, mat shaling yat ds, slab haulr oads, slab and coil storage 

at eas, designated beach h on dUinping at eas, blast furnace slag pit pt ocessing 

acti'~ities, h on and steel slag pot dumping at eas and unpand pat king lots by 

the use of one (1) or more ofthe following measures: 

(i) Paving with a material such as asphalt or concrete. 

(ii) Treating with a suitable and effective commercially available 

petroleum based dust suppressant or water based dust suppressant 

app1 o' ed by the comntissioner • The frequency of application shall be 

on an as needed basis. 

(iii) Spraying with water. The frequency of application shall be on an 

as needed basis. 

(iv) Double chip and seal the road surface and maintain on an as 

needed basis. 

(v) An equhalent alternate measu1 e RACM that is equivalent in 

effectiveness to one (1) or more of the above measures. 

(2) Open aggregate piles by the use of one (1) or more of the following measures: 

(A) Cleaning the area around the perimeter of the aggregate piles. 

(B) Applying a suitable and effective oil or other dust suppressant on an as 

needed basis. 

(C) An egunalent alternate measut e RACM that is equivalent in effectiveness 

to one (1) or more of the abo~e measures. I 

(3) Outdoor con' eying of aggr egate ntatet ial, such as, but not limited to, slag pt oduced 

7 
Rap with IDEM Changes #07-88 

ISG Bums Harbor LLC 

April I, 2009 

dnt in£ the manufacture ofir on and steel, sand, £la'\l el, stone, arrd coal , by eguipnrent 

such as belt conY e, on and bucket elel ator s, b1 the use of one (1) 01 mot e of the 

follo"Wing measut es. 

(A) Enclosing the connyor belt totalh on the top and sides as needed to . . . . "bl . ' d "f d d h t• . . . I . rmnrmrze 'lSI e ermss1ons an , 1 nee e , ex aus1ng ennssrons to par hcu ate 

corttr ol equipment during opet ation .of con'\1 ey or • 

(B) A;pphing "Water or suitable and effecth e chemical dust suppt essant at the 

feed point 01 at inter mediate points, or at both, as needed to minintize lisible 

emissions. 

(C) An equh alent alter nate nreasur e. 

(4) Tt ansfett ing of aggregate material shall be conb oiled by the use of orte (1) or mot e 

of the foHowing measut es. 

(A) l\finhnizing the distance bet"Ween the b ansfer points. 

(B) Enclosing the b ansfer points and, if needed, exhausting emissions to 

par ticulate conb ol equipment during the oper ation of the b ansferr ing 

sntem. 

(C) Application of"' ater ot suitable and effecth e chemical dust suppt essant 

as needed to minimize 1 isible emissions. 

ID) An equh alent alter nate measut e. 

(5) Tr anspor tine ag£I egate ntater ial by. buck; fr ont-end loader, or similar 1 ehicle by 

the use of one (1) or mote of the following measures. 

(A) A completely enclosed nhicle. 

(B) Tar ping the nhicle. 

(C) Maintaining the 1 ehide body in such a condition that pr e" ents any leaks 

of a2er egate ntater ial. 

ID) Spt a1 ing the materials in the 1 ehicle with a suitable and effecti1 e dust 

suppt essant. 

ffi) An equh alent alter nate measure. 

(6} Loading and unloading opet ations of the material f1 om storage facilities, such as 

bins, hopper s, and silos, onto or out of nhides by tbe use of one (1) 01 mote of the 

following measnt es. 

(A) Errdosnt e of the mater ialloading artd unload;ing at ea. 

(B) Total or partial enclosure of the facility and exhaustirtg of emissions to 

pat ticulate collection equipment. Such equipment shall be appr 01 ed by the 

corumissionet • 

(C) Spt ay ing with "W atet 01 suitable and effecti1 e chemical dust suppt essant as 

needed to ntininrize "isible emissions. 

ID) Reducing tbe f1 ee fall distance. 

(E) An equil alent alter nate measnt e. 

(7) Hauling and dumping solid "Waste (as defined in IC 13-11-2-20S(a)) as follo1ts. 

8 

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.\ ! 

.! 
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• / 

Rap with IDEM Changes #07-88 

ISG Bums Harbor LLC 

April I, 2009 

(A) llauline solid waste b'y the use of one (1) 01 mote oftbe following measures. 

(i) Viet suppt ession of the tnatet ial being b anspot ted. 

(ii) llauline the mate1 ial enclosed 01 col et ed. 

(iii) l\finimizing the ft ee fall distance lthen unloading f1 ont the 

pat ticulate collection equipment 01 f1 om the pt ocess equipment onto the 

bauline nhide, 01 f1 om both. 

(h) An equi" alent altet nate measrn e. 

(B) Duntpine solid waste by the use of o11e (1) ot mote of the follotthte 

measutes. 

(i) Applyine wate1 01 suitable and effectin chemical dust supp1 essaut 

on an as needed basis to minimize Yisible emissions. 

(ii) Minimizing the f1 ee fall distance of the matet ial. 

(iii) An equh alent altet nate measut e. 

(8) Material handling opet ations, such as ct usbing, gt inding, sci eening, and ntixing, 

by the use of one (1) 01 ntot e of the following measut es. 

(A) Viet suppt ession. 

(B) Enclosut e of emission sou1 ce with 'enting of e1nissious to a fab1 ic filte1 • 

(C) An equil alent alter nate measut e . 

(9) Building openings, such as doot s, windows, pow et ed 01 unpow et ed 'entilato1 s, 01 

.I oof monitot s, by the use of one (H or mote of the following measut es. 

(A) Installing a 1 emo "able filtet o t et app1 opt iate building openings. • 

(B) Captut ing emissions within the buildine by the use of apt opet hood system 

and eonnying tbt ougb a duet to pat ticulate collectiott system app1 Oled by tbe 

eommissionet • 

(C) An itt-bouse ope1 a tine and pt ocedut e ntaintenance pt ogt am consisting of 

the following. 

(i) Pt opet maintenance of the pi ocess equipment and pat ticulate 

collection sy stent app1 o ved the conmtissionet . 

fii) Substitution of the p1 ocess equipment, n1ate1 ial, 01 opet ating 

p1 ocedur e that will ntinimiz:e lisible emissions. 

(D) An equivalent altet nate measm e. 

f:ft...UU The approval of the control plan shall be in accordance with the following: 

ill Within three (3) months of receiving a control plan, the commissioner shall notify 

fS6 ArcelorMittal Burns Harbor LLC of: 

ffl(A) the approval of the control plan; 

ffl(B) modifications that the commissioner deems necessary to the control plan; 

or 

ffl(C) disapproval of the control plan. 

fg1@ If the commissioner finds a control plan to be incomplete, fS6 ArcelorMittal 

9 
Rap with IDEM Changes #07-88 

ISG Bums Harbor LLC 

April 1, 2009 

Burns Harbor LLC shall provide the commissioner with the required additional 

information. 

f!Uill In determining if an alternate control measure represents a RACM as specified 

in this section, fS6 ArcelorMittal Burns Harbor LLC shall submit and the 

commissioner shall consider information pertaining to factors, including, but not 

limited to, the following: 

ffi{Al The impact on the environment in terms of any increase in water, air, or 

solid waste pollution emissions. 

ffiOO The energy requirements of the selected control measure. 

ffi{Q. The: 

(1\)'(i) capital expenditure; 

(B}(ii) impact on production; and 

te)(iii) operating costs; 

to implement the selected control measure. 

ffi@ The impact of these costs. 

(5) An1 adntse wot ket 01 product safety implications of the selected control 

measute. 

f:i1G} If a control plan is disapproved by the commissioner, fS6 ArcelorMittal Burns 

Harbor LLC shall have up to fifteen (15) thirty (30) days from the date of receipt of the 

disapproval letter to request, in writing, a hearing on the matter. In the event a 

hearing is requested: 

ffi{Al it shall be held in accordance with the requirements set forth in IC 4-

21.5; and 

ffiOO the burden of proof shall lie with fS6 ArcelorMittal Burns Harbor LLC 

to demonstrate why the control plan is appropriate. 

~ The control plan approved by the commissioner shall become part of ISG 

ArcelorMittal Burns Harbor LLC's operating permit. 

(6) Changes may be made to the control plan without reopening the operating permit 

by submitting a revised control plan to the commissioner for approval in accordance 

with this subsection. 

(0 The control plan shall be updated at the time of reapplication for the source's 

operating permit or as required in 326 lAC 2. 

*These documents are incorporated by reference. The documents are available for 

review and copying at the Indiana Department of Environmental Management, Office of Air 

Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, 

Indianapolis, Indiana 46204. 

(Air Pollution Control Board; 326/AC 6-6-5;filedMar 10, 1988, 1:20p.m.: 11 IR 2510; readopted 

10 

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

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SECTION 2. 326 lAC 7-4-14 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 7-4-14 Porter County sulfur dioxide emission limitations 

Authority: IC 13-14-8; 13-17-3-4; 13-17-3-11; 13-17-3-12 

Affected: IC 13-15; 13-17 

Sec. 14. The following sources and facilities located in Porter County shall comply with the 

sulfur dioxide emission limitations in pounds per million Btu (lbs/MMBtu) and pounds per hour 

(lbs/hr), unless otherwise specified, and other requirements: 

(1) Bethlehem Steel~ ArcelorMittal Burns Harbor Works LLC shall comply with the 

following: 

(A) The following facilities shall bum natural gas only: 

(i) BOF Shop FM Boiler. 

(ii) 160 inch Plate Mill Continuous Hardening and Annealing Heat Treatment 

Furnace. 

(iii) 160 inch Plate Mill Boilers No.2 and 4. 

(iv) Batch Annealing Furnaces (24). 

( v) Continuous Heat Treat Line- Preheat, Heating and Soaking, and Reheat. 

(B) The following facilities shall comply with the sulfur dioxide emission limitations 

and other requirements: 

Facility Description 

(i) Blast Furnace C Stoves 

(ii) Blast Furnace D Stoves 

(iii) Blast F nmaee Flat e 

{ivJ (iii) Sinter Plant Windbox 

M (iv) No. 1 Coke Battery Underfire 

(vi] (v) No. 2 Coke Battery Underfire 

frii1 (vi) Slab Mill Soaking Pits: 

Emission Limitations 

lbs./MMBtu lbs./hr. 

0.83 545 

0.83 545 

&.-67 

1.0 pound per ton400 

process material 

1.73 

1.96 

803 

911 

(AA) No Not more than nine (9) ofthirty-two (32) horizontally discharged 

soaking pits may be fired on coke oven gas at the same time with total 

sulfur dioxide emissions not to exceed four hundred eighty-two ( 482) 

pounds per hour. 

(BB) The remaining twenty-three (23) of thirty-two (32) horizontally 

discharged soaking pits may bum blast furnace andfor natural gas, or 

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April 1,2009 

both, with total sulfur dioxide emissions not to exceed twenty-four (24) 

pounds per hour. 

(CC) The four (4) vertically discharged soaking pits may bum blast 

fumaceandfor natural gas, or both, with total sulfur dioxide emissions not 

to exceed four (4) pounds per hour. 

tvmJ (vii) 160 inch Plate Mill Continuous 1.96 

Reheat Furnace No. 1 and Boiler No. 1 

6xJ (viii) 160 inch Plate Mill Continuous 1.96 

Reheat Furnace No. 2 and Boiler No. 3 

(x7 (ix) 80 inch Hot Strip Mill Furnace 1.96 

No. 1, 2, and 3 

(xi} (x) 110 inch Plate Mill Furnaces No. 1.96 

1 and2 

tm} (xi) 110 inch Plate Mill Normalizing 1.07 

Furnace 

triii} (xii) 160 inch Plate Mill I & 0 1.96 

Furnaces No. 4 and 5 

(x:iv1 (xiii) 160 inch Plate Mill I & 0 1.96 

Furnaces No. 6 and 7 

(xv1 (xiv) 160 inch Plate Mill I & 0 Furnace 1.96 

No.8 

{xvi}(xv) Power Station Boiler No. 7 0.8 

~ (xvi) Power Station Boilers No. 8, 9, 1.45 

10, 11, and 12 

299 

299 

79 each 

441 

88 

274 

274 

176 

520 

2,798 

(C) As an alternative to the sulfur dioxide emission limitations specified in clause 

(B), Bethlehem SteeliSG ArcelorMittal Burns Harbor LLC shall comply with 

the sulfur dioxide emission limitations and other requirements as follows: 

Facility Description 

(i) Blast Furnace C Stoves 

(ii) Blast Furnace D Stoves 

(iii) Blast Fnxnace Flare 

(iv)-(iii) Sinter Plant Windbox 

M (iv) No. 1 Coke Battery Underfire 

(vi} (v) No.2 Coke Battery Underfire 

trii)-(vi) Slab Mill Soaking Pits: 

Emission Limitations 

lbs./MMBtu lbs./hr. 

0.75 498 

0.75 498 

&.-67 

1.0 pound per ton400 

process material 

1.57 

1.78 

730 

828 

(AA) No Not more than six (6) ofthirty-two (32) horizontally discharged 

soaking pits may be fired on coke oven gas at the same time with total 

sulfur dioxide emissions not to exceed two hundred ninety-two (292) 

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ISG Bums Harbor LLC 

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(BB) The remaining twenty-six (26) of thirty-two (32) horizontally 

discharged soaking pits may bum blast furnace andfor natural gas, or 

both, with total sulfur dioxide emissions not to exceed twenty-seven (27) 

pounds per hour. 

(CC) The four (4) vertically discharged soaking pits may bum blast 

furnace andfor natural gas, or both, with total sulfur dioxide emissions not 

to exceed four (4) pounds per hour. 

triii} (vii) 160 inch Plate Mill Continuous 1. 78 293 

Reheat Furnace No. 1 and Boiler No. 1 

~(viii) 160 inch Plate Mill Continuous 1. 78 293 

Reheat Furnace No. 2 and Boiler No. 3 

tx}-(ix) 80 inch Hot Strip Mill Furnace 1. 78 483 each 

No. 1, 2, and 3 

(riT(x) 110 inch Plate Mill Furnaces No. 1.78 401 

1 and2 

~(xi) 110 inch Plate Mill Normalizing 1.07 88 

Furnace 

(riii]-(xii) 160 inch Plate Mill I & 0 1.78 249 

Furnaces No. 4 and 5 

If 160 inch Plate Mill I & 0 Furnaces No. 6 andfor 7, or both, are in operation on 

a fuel other than natural gas, Furnaces No. 4 and 5 shall not operate or shall bum 

natural gas only. 

6civJ (xiii) 160 inch Plate Mill I & 0 1. 78 249 

Furnaces No.6 and 7 

If 160 inch Plate Mill I & 0 Furnaces No.4 andfor 5, or both, are in operation on 

a fuel other than natural gas, Furnaces No. 6 and 7 shall not operate or shall bum 

natural gas only. 

~ (xiv) 160 inch Plate Mill I & 0 Furnace 1.78 160 

No.8 

~ (xv) Power Station Boilers No. 7 0.8 520 

~(xvi) Power Station Boilers No. 8, 9, 1.45 total 2,500 total 

10, 11, and 12 

(xviii) Bethlehem Steel (xvii) fS6 ArcelorMittal Burns Harbor LLC shall 

notify the department at least twenty-four (24) hours prior to reliance on the 

alternative set oflimits specified in items (i) through {xvii7 Bethlehem Steel (xvi). 

fS6 ArcelorMittal Burns Harbor LLC shall maintain records of fuel type and 

operational status of facilities listed in items (xii) and (xiii) and shall make the 

records available to the department upon request. 

fxix1 (xviii) For the purposes of 326 lAC 7-2-1(c)(2), compliance shall be 

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April I, 2009 

determined based on separate calendar month averages for the set of requirements 

specified in this clause and for the set of requirements specified in clause (B). 

(D) Coke oven gas usage at facilities other than the No. 1 and 2 Coke Battery 

Underfire Stacks shall be restricted to no not more than seventy-five (75) million 

cubic feetper day. Total sulfur dioxide emissions from the facilities listed in clause 

(B)(i) through (D)(iv), (D)(vii)(AA) tluough (D)(vii)(DD), (D)( viii) through (D)(xi) 

(B)(iii), (B)(vi)(AA) through (B)(vi)(BB), (B)(vii) through (B)(x), and (D)(xiii) 

through (D)(xvii} (B)(xii) through (B)(xvi) shall not exceed four thousand four 

hundred twenty-nine (4,429) pounds per hour. During periods in which the limits 

contained in clause (C) are in effect, coke oven gas usage at facilities other than the 

No. 1 and 2 Coke Battery Underfire Stacks shall be restricted to no not more than 

seventy (70} million cubic feet per day, and total sulfur dioxide emissions from the 

facilities listed in clause (C)(i) through (C)(iv), (CXvii)(AA) thtough (C)(vii)(DD) 

(€)(viii) through (C)(xi} (C)(iii), (C)(vi)(AA) through (C)(vi)(BB), (C)(vii) 

through (C)(x), and (C)(xiii) tlnough (C)(xvii) (C)(xii) through (C)(xvi) shall not 

exceed four thousand six hundred thirty ( 4,630) pounds per hour. 

(E) Dethlehetn Steel I:S6 ArcelorMittal Burns Harbor LLC shall achieve 

compliance with the requirements specified in clause (B) or (C) prior to December 

31, 1988. Thereafter, Bethlehent Stee11S6 ArcelorMittal Burns Harbor LLC 

shall submit a report to the department within thirty (30) days following the end of 

each calendar quarter containing the following information: 

(i) Records of the total coke oven gas, blast furnace gas, fuel oil, and natural 

gas usage for each day at each facility listed in clauses (B) tluough and (C). 

(ii) Records of the: 

(AA) average sulfur content and heating value as determined per the 

procedures specified in clause (F) for each fuel type used during the 

calendar quarter; and of-the-

(BB) maximum number of slab mill soaking pits burning coke oven 

gas at any given time during each day. 

(iii) The calculated sulfur dioxide emission rate in the applicable emission 

units (pounds per hour, pounds per million Btu, andfor pounds per ton) for 

each facility for each day and the average sulfur dioxide emissions from the 

facilities listed in clause (C)(i) through (C)(iv), (C)(vii)(AA) through 

(C)(vii)(DD), (€)(viii) through (C)(xi) (C)(iii), (C)(vi)(AA) through 

(C)(vi)(BB), (C)( vii) through (C)(x), and (C)(xiii)tlnough (C)(xvii) (C)(xii) 

through (C)(xvi) for each day in pounds per hour during the calendar 

quarter. 

(F) Bethlehem Steeli:S6 ArcelorMittal Burns Harbor LLC shall submit a 

sampling and analysis protocol to the department by December 31, 1988. The 

protocol shall: 

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(i) contain a description of planned procedures for: 

(AA) sampling of sulfur-bearing fuels and materials; ;-for-

(BB) analysis of the sulfur content; and for 

(CC) any planned direct measurement of sulfur dioxide emissions 

vented to the atmosphere The protocol shall ; and 

(ii) specify the frequency of sampling, analysis, and/or-measurement for 

each: 

(AA) fuel and material; and fur each 

(BB) facility. 

The department shall incorporate the protocol into the source's operation permit per 

procedures specified in 326 lAC 2. The department may revise the protocol as necessary to 

establish acceptable sampling, analysis, andfor measurements procedures and frequency. The 

department may also require that a source conduct a stack test at any facility listed in this 

subdivision within thirty (30) days of written notification by the department. 

(2) Northern Indiana Public Service Company Bailly Station shall comply with the 

following: 

Emission Limitations· 

Facility Description lbs./MMBtu 

(A) Boilers 7 and 8 6.0 each 

Boilers 7 and 8 shall be fired with coal, fuel oil, or natural gas. 

(B) Gas Turbine 10 natural gas only 

(3) Midwest Steel shall comply with the following: 

Emission Limitations 

Facility Description lbs./MMBtu 

Babcock and Wilcox Boiler 1 and Erie City Boilers No. 1, 1.33 each 

2, and 3 

Only two (2) of four ( 4) boilers may bum fuel oil with a sulfur dioxide emission rate greater 

than three-tenths (0.3) pounds per million Btu at the same time. Midwest Steel shall maintain 

records of fuel type for each boiler for each hour. The records of fuel type shall be made 

available to the department upon request. 

( 4) Air Products and Chemical shall comply with the following: 

Facility Description Emission Limitations 

All boilers and the No. 3 Hydrogen Reformer natural gas only 

(Air Pollution Control Board; 326/AC 7-4-14;filedAug 28, 1990, 4:50p.m.: 14 IR 78; readopted 

filed Jan 10, 2001, 3:20p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35p.m.: 26 IR 1568) 

15 
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TITLE 326 AIR POLLUTION CONTROL BOARD 

EXIDBIT2-B 

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PROPOSED RULE AS PRELIMINARILY ADOPTED 

LSA Document #07-88 

DIGEST 

Amends 326 lAC 6-6-5 and 326 lAC 7-4-14 concerning operations at ISG Bums Harbor 

LLC. Effective 30 days after filing with the Publisher . 

. HISTORY 

First Notice: February 21, 2007, Indiana Register (DIN: 20070221- IR-326070088FNA). 

Second Notice: August 8, 2007, Indiana Register (DIN: 20070808- IR-326070088SNA). 

Notice of First Hearing: August 8, 2007, Indiana RegisterJDIN: 20070808- IR326070088PHA). 

Date of First Hearing: October 3, 2007. 

Proposed Rule: October 31,2007, Indiana Register (DIN: 20071031-IR-326070088PRA) 

Notice of Second Hearing: October 31, 2007, Indiana Register (DIN: 20071031-IR326070088PHA) 

Change ofNotice of Public Hearing: January 16,2008, Indiana Register (DIN: 

20080 116-IR-326070088CHA) 

Change ofNotice of Public Hearing: December 3, 2008, Indiana Register (DIN: 

20081203-IR -326070088CHA) 

326 lAC 6-6-5 

326 lAC 7-4-14 

SECTION 1. 326 lAC 6-6-5 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 6-6-5. ISG Burns Harbor LLC fugitive particulate matter emission control plan 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 

Affected: IC 4-21.5; IC 13-11-2-205; IC 13-15; IC 13-17 

Sec. 5. (a) In order to implement its nontraditional fttgitive dust control program, Bethlehem 

shall pnrchase a high pressnre water flnshing trttck and a hactor sweeper with broom and install a 

water filling station for the flnsher tr ttck and a tank for the storage and dispensing ofliqnid chemical 

dust retardant. The following control measnres shall then be implemented at the Dnrns Harbor Plant 

at the specified freqnency. 

(1) A total oftwenty-fonr (24) miles ofpaved andnnpaved roads as shown in Figttre 1 shall 
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ISG Burns Harbor LLC 

April 1, 2009 

be conttolled as described below. 

(A)Atotalof12.7ntilesofpaved 1o d 1 llb 

w atet washing using a flusher tr ttc a s ncr~ cl~ancd ~11 ee (3) times pet w eek by 

section. In addition, at least twice k cxcep~ as mdt~ated m sttbsection (a)(4) of this 

facilities area will also be w t pet w~e ' 7·

9 mtlcs ofthese roads in the primacy e swept usmg a tractor t db . · flushet trnck. Road shoulders on the 12 7 mil moun eroot~ fullowmgthe 

requited and treated with a chemical d ~ tai~s of paved roads wtll be graded as 

below for unpaved roads Accunmlate:s ~~ . ant at the same fiequency specified 

at least once pet nmnth. · rna enal on road shoulders will be removed 

(D) A total of 11.3 miles ofunpaved toads sh 11 b . . . forming a unifOrm toad smface b ~ d_cre controlled. Tins wrll consist of 

application ofa two (2) to four (4)Y. rola 1 gra t~g to Ietttove latge material, and the 

shall be sptaycd "VV ith dust su mn ay e_r o fine slag where necessary. Surfaces 

the manufacturer's teconnnC!~:~:sartt;lu:tt at an application I~te consistent with 

rate shall be such that a et nst will o~ts£ tc :st suppressant matenal and application 

cleaning \!:ia flushing and sweepit e ;nt~e o: the road surface that is amenable to 

with a flusher truck folio d b tg. 4:1a smaces shall be cleaned twice pet week 

tespta)ed with chemical w~st ~ a tractor mounted broom. Road surfaces shall be 

surface. The solution stren th ;'J'ressa~ ~s necessM?' to maintain a cleanable 

application based upon the cr:.di;:on~f:ltcatto~ rate wtll be determined prior to 

(2) D 11 1 1c sut aces eh e1em shall control its low volatile coal stora . . . pet week with a chemical dust retardant. ge ptles by spraymg them at least once 

(3) Records ofall fugiti v c dust eontt:olacti v ities 1 ll b . . . . shall contain the following information. S1cre tmuntatned. Atamtntmunt, records 

(A) rmmbet of miles and location of the pa cd d 1 (D) b . v roa s c caned 

tmm ex of mtles of unpa ed road 1. ' 

quatttity, and diluti~n ratio ofiust reta:~ar~:~~d,were treated including the type, 

(C) the type, quantity, and dilution tatio f d coal storage piles. 0 11:st retardant sprayed on low volatile 

This quarterly. information shall be sumntarized . tnto progress teports and submitted to the board 

(4) This nontraditional fugitive dust control . needed to take into account preced" d progratn can be adjusted on a daily basis as 

example, rainfall and temperature) ~::~ ~y ~n~ forcca_sted meteorological conditions (for 

cleaned. ' v tsua o set v attons ofthe roadways scheduled to be 

(b) Bethlehem Steel Corpo f d .. (Figure l).ta tonnontra tttonal fugitive dust control toads is shown as follows 

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(a) Effective November 17, 2007, ISG Burns Harbor LLC shall implement an approved 

fugitive particulate matter emission control plan meeting the requ~rements of this section. 

(b) The following definitions apply throughout this section: 

(1) "As needed basis" means the frequency of application necessary to minimize 

visible particulate matter emissions as defined in the control plan. 

(2) "Fugitive particulate matter emissions" means particulate matter that is 

emitted from any source by means other than through a stack. 

(3) "Open aggregate pile" means the unenclosed storage of material consisting 

of, but not limited to, slag produced during the manufacture of iron and steel, 

sand, gravel, stone, and coal, which is finer than two hundred (200) mesh size 

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equal to or greater than one percent (1 %) by weight. Open aggregate material 

mesh size shall be determined by the "American Association of State Highway 

and Transportation Officials Test Method T27-74", or other equivalent 

procedures approved by the commissioner. 

( 4) "Paved road" means any asphalt or concrete surfaced thoroughfare or rightof-way: 

(A) designed or used for vehicular traffic; and 

(B) located on the property of, or owned by, an individual or company. 

(5) "Potential emissions." means fugitive particulate matter emissions calculated 

after the application of air pollution control: 

(A) measures; or 

(B) equipment. 

(6) "Unpaved roads" means any surfaced thoroughfare or right-of-way, other 

than a paved .road as defined in subdivision ( 4), that is: 

(A) designed or used for vehicular traffic; and 

(B) located on the property of, or owned by, an individual or company. 

(c) ISG Burns Harbor LLC's fugitive particulate matter emission control plan shall be 

in writing and shall include, at a minimum, the following information: 

(1) The name and address of the owner or operator responsible for the execution of the 

control plan. 

(2) Identification of all: 

(A) processes; 

(B) operations; and 

(C) areas; 

that have the potential to emit fugitive particulate matter. 

(3) A map of the source showing the following: 

(A) Aggregate pile areas. 

(B) Access areas around the aggregate piles. 

(C) Unpaved roads. 

(D) Paved ro~ds. 

(E) Parking lots. 

(F) Location of conveyors and transfer points. 

(G) Other potential sources of fugitive particulate matter. 

(4) The number and types of vehicular activity occurring on the following: 

(A) Paved roads. 

(B) Unpaved roads. 

(C) Parking lots. 

(5) The type and quantity of material handled. 

(6) The equipment used to maintain aggregate piles. 

4 

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(7) A description of the measures to be implemented to control fugitive particulate 

matter emissions resulting from emission points identified in subdivision (3). 

(8) A specification of the dust suppressant material, such as oil or chemical, including 

the estimated frequency of application, rates, and concentrations of the dust 

suppressant. 

(9) A specification of the particulate matter collection equipment used as a fugitive 

particulate matter emission control measure. 

(10) A schedule of compliance with the provisions of the control plan. The schedule 

shall specify the amount of time the source requires to: 

(A) award any necessary contracts; and 

(B) commence and complete construction, installation, or modification of the 

fugitive particulate matter emission control measures.· 

(11) Other relevant data that .QJ.ay be requested by the commissioner to evaluate the 

effectiveness of the control plan. 

(d) Records that document all control measures and activities to be implemented in 

accordance with the approved control plan shall be: 

(1) kept and maintained; 

(2) retained for at least five (5) years; and 

(3) made available upon the request ofthe commissioner. 

(e) All control measures specified in this subsection shall be considered reasonably 

available control measures (RACM). The frequency of application for all control measures 

shall be detailed in each control plan. No control plan shall contain control measures that 

violate the provisions of state statutes or rules. Fugitive particulate matter emissions from the 

emission points specified in this section shall be controlled as follows: 

(1) Paved roads, unpaved roads, marshaling yards, slab haul roads, slab and coil 

storage areas, designated beach iron dumping areas, blast furnace slag pit processing 

activities, iron and steel slag pot dumping areas, and parking lots as follows: 

(A) Paved roads and paved parking lots by the use of one (1) or more of the 

following measures: 

(i) Cleaning by vacuum sweeping. 

(ii) Flushing. 

(iii) An equivalent alternate measure. 

(B) Unpaved roads, marshaling yards, slab haul roads, slab and coil storage 

areas, designated beach iron dumping areas, blast furnace slag pit processing 

activities, iron and steel slag pot dumping areas and unpaved parking lots by 

the use of one (1) or more of the following measures: 

(i) Paving with a material such as asphalt or concrete. 

(ii) Treating with a suitable and effective commercially available 

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petroleum based dust suppressant or water based dust suppressant 

approved by the commissioner. The frequency of application shall be on 

an as needed basis. 

(iii) Spraying with water. The frequency of application shall be on an as 

needed basis. 

(iv) Double chip and seal the road surface and maintain on an as needed 

basis. 

(v) An equivalent alternate measure. 

(2) Open aggregate piles by the use of one (1) or more of the following measures: 

(A) Cleaning the area around the perimeter of the aggregate piles. 

(B) Applying a suitable and effective oil or other dust suppressant on an as 

needed basis. 

(C) An equivalent alternate measure. 

(3) Outdoor conveying of aggregate material, such as, but not limited to, slag produced 

during the manufacture of iron and steel, sand, gravel, stone, and coal, by equipment 

such as belt conveyors and bucket elevators, by the use of one (1) or more of the 

following measures: 

(A) Enclosing the conveyor belt totally on the top and sides as needed to • 

minimize visible emissions and, if needed, exhausting emissions to particulate 

control equipment during operation of conveyor. 1 

(B) Applying water or suitable and effective chemical dust suppressant at the 

feed point or at intermediate points; or at both, as needed to minimize visible 

emissions. 

(C) An equivalent alternate measure. 

( 4) Transferring of aggregate material shall be controlled by the use of one (1) or more 

of the following measures: 

(A) Minimizing the distance between the transfer points. 

(B) Enclosing the transfer points and, if needed, exhausting emissions to 

particulate control equipment during the operation of the transferring system. 

(C) Application of water or suitable and effective chemical dust suppressant as 

needed to minimize visible emissions. 

(D) An equivalent alternate measure. 

(5) Transporting aggregate material by truck, front-end loader, or similar vehicle by 

the use of one (1) or more of the following measures: 

(A) A completely enclosed vehicle. 

(B) Tarping the vehicle. 

(C) Maintaining the vehicle body in such a condition that prevents any leaks of 

aggregate material. 

(D) Spraying the materials in the vehicle with a suitable and effective dust 

suppressant. 

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(E) An equivalent alternate measure. 

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(6) Loading and unloading operations of the material from storage facilities, such as 

bins, hoppers, and silos, onto or out of vehicles by the use of one (1) or more of the 

following measures: 

(A) Enclosure of the material loading and unloading area. 

(B) Total or partial enclosure of the facility and exhausting of emissions to 

particulate collection equipment. Such equipment shall be approved by the 

commissioner. 

(C) Spraying with water or suitable and effective chemical dust suppressant as 

needed to minimize visible emissions. 

(D) Reducing the free fall distance. 

(E) An equivalent alternate measure. 

(7) Hauling and dumping solid waste (as defined in IC 13-11-2-205(a)) as follows: 

(A) Hauling solid waste by the use of one (1) or more ofthe following measures: 

(i) Wet suppression of the material being transported. 

(ii) Hauling the material enclosed or covered. 

(iii) Minimizing the free fall distance when unloading from the 

particulate collection equipment or from the process equipment onto the 

hauling vehicle, or from both. 

(iv) An equivalent alternate measure. 

(B) Dumping solid waste by the use of one (1) or more of the following 

measures: 

(i) Applying water or suitable and effective chemical dust suppressant 

on an as needed basis to minimize visible emissions. 

(ii) Minimizing the free fall distance of the material. 

(iii) An equivalent alternate measure. 

(8) Material handling operations, such as crushing, grinding, screening, and mixing, 

by the use of one (1) or more of the following measures: 

(A) Wet suppression. 

(B) Enclosure of emission source with venting of emissions to a fabric filter. 

(C) An equivalent alternate measure. 

(9) Building openings, such as doors, windows, powered or unpowered ventilators, or 

roof monitors, by the use of one (1) or more of the following measures: 

(A) Installing a removable filter over appropriate building openings. 

(B) Capturing emissions within the building by the use of a proper hood system 

and conveying through a duct to particulate collection system approved by the 

commissioner. 

(C) An in-house operating and procedure maintenance program consisting of 

the following: 

(i) Proper maintenance of the process equipment and particulate 

7 
collection system approved the commissioner. 

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April 1, 2009 

{ii) Substitution of the process equipment, material, or operating 

procedure that will minimize visible emissions. 

{D) An equivalent alternate measure. 

{:I) Within three {3) months of receiving a control plan, the commissioner shall notify 

ISG Burns Harbor LLC of: 

{1) the approval of the control plan; 

{2) modifications that the commissioner deems necessary to the control plan; or 

{3) disapproval of the control plan. 

{g) If the commissioner finds a control plan to be incomplete, ISG Burns Harbor LLC 

shall provide the commissioner with the required additionalinformation. 

{h) In determining if an alternate control measure represents a RACM as specified in 

this section, ISG Burns Harbor LLC shall submit and the commissioner shall consider 

information pertaining to factors, including, but not limited to, the following: 

• ' .) 

{1) The impact on the environment in terms of any increase in water, air, or • 

solid waste pollution emissions. . 

{2) The energy requirements of the selected control measure. ) 

{3) The: 

{A) capital expenditure; 

{B) impact on production; and 

{C) operating costs; 

to implement the selected control measure. 

{4) The impact of these costs. 

{5) Any adverse worker or product safety implications of the selected control 

measure. 

{i) If a control plan is disapproved by the commissioner, ISG Burns Harbor LLC shall 

have up to fifteen {15) days from the date of receipt of the disapproval letter to request, in 

writing, a hearing on the matter. In the event a hearing is requested: 

{1) it shall be held in accordance with the requirements set forth in IC 4-21.5; and 

{2) the burden of proof shall lie with ISG Burns Harbor LLC to demonstrate why the 

control plan is appropriate. 

0) The control plan approved by the commissioner shall become part of ISG Burns 

Harbor LLC's operating permit. 

(Air Pollution Control Board; 326 lAC 6-6-5; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2510; 

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

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ISG Bums Harbor LLC 

April I, 2009 

SECTION 2. 326 lAC 7-4-14 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 7-4-14.Porter County sulfur dioxide emission limitations 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12 

Affected: IC 13-15; IC 13-17 

Sec. 14. The following sources and facilities located in Porter County shall comply with 

the sulfur dioxide emission limitations in pounds per million Btu (lbs/MMBtu) and pounds per 

hour (lbslhr), unless otherwise ~pecified, and other requirements: 

(1) Bethlehem Steel ISG Bums Harbor Works LLC shall comply with the following: 

(A) The following facilities shall bum natural gas only: 

(i) BOF Shop FM Boiler. 

(ii) 160 inch Plate Mill Continuous Hardening and Annealing Heat Treatment 

Furnace. 

(iii) 160 inch Plate Mill Boilers No.2 and 4. 

(iv) Batch Annealing Furnaces (24) . 

(v) Continuous Heat Treat Line- Preheat, Heating and Soaking, and Reheat. 

(B) The following facilities shall comply with the sulfur dioxide emission limitations and 

other requirements: 

Facility Description 

(i) Blast Furnace C Stoves 

(ii) Blast Furnace D Stoves 

(iii) Blast Fnmace Flare 

(ivJ (iii) Sinter Plant Windbox 

tv] (iv) No. 1 Coke Battery Under:fire 

fri1 (v) No. 2 Coke Battery Underfire 

frii7 (vi) Slab Mill Soaking Pits: 

Emission Limitations 

lbs./MMBtu lbs~lhr. 

0.83 545 

0.83 545 

&.eT 

1.0 pound per ton400 

process material 

1.73 

1.96 

803 

911 

(AA) No Not more than nine (9) of thirty-two (32) horizontally 

discharged soaking pits may be fired on coke oven gas at the same time 

with total sulfur dioxide emissions not to exceed four hundred eightytwo (482) pounds per hour. 

(BB) The remaining twenty-three (23) ofthirty-two (32) horizontally 

discharged soaking pits may bum blast furnace andfor natural gas, or 

both, with total sulfur dioxide emissions not to exceed twenty-four (24) 

pounds per hour. 

(CC) The four (4) vertically discharged soaking pits may bum blast 

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ISG Bums Harbor LLC 

April 1,2009 

furnace andfor natural gas, or both, with total sulfur dioxide emissions 

not to exceed four ( 4) pounds per hour. 

friii1 (vii) 160 inch Plate Mill Continuous 1.96 

Reheat Furnace No. 1 and Boiler No. 1 

6xJ (viii) 160 inch Plate Mill Continuous 1.96 

Reheat Furnace No. 2 and Boiler No. 3 

W (ix) 80 inch Hot Strip Mill Furnace 1.96 

No. 1, 2, and 3 

(ri) (x) 110 inch Plate Mill Furnaces No. 1.96 

1 and2 

6rii] (xi) 110 inch Plate Mill Normalizing 1.07 

Furnace 

fxiiit (xii) 160 inch Plate Mill I & 0 1.96 

Furnaces No.4 and 5 

triv} (xiii) 160 inch Plate Mill I & 0 1.96 

Furnaces No. 6 and 7 

(xvJ (xiv) 160 inch Plate Mill I & 0 Furnace 1.96 

No.8 

tx"ri1 (xv) Power Station Boiler No. 7 0.8 

~(xvi) Power Station Boilers No. 8, 9, 1.45 

10, 11, and 12 

299 

299 

79 each 

441 

88 

274 

274 

176 

520 

2,798 

(C) As an alternative to the sulfur dioxide emission limitations specified in clause (B), 

Bethlehem Steel ISG Burns Harbor LLC shall comply with the sulfur dioxide 

emission limitations and other requirements as follows: 

Facility Description 

(i) Blast Furnace C Stoves 

(ii) Blast Furnace D Stoves 

(iii) Blast Fnmace Fla:r e 

fiv1-(iii) Sinter Plant Windbox 

M (iv) No. 1 Coke Battery Underfire 

(vi) (v) No. 2 Coke Battery Underfire 

friiT(vi) Slab Mill Soaking Pits: 

Emission Limitations 

lbs./MMBtu lbs./hr. 

0.75 498 

0.75 498 

&.W 

1.0 pound per ton400 

process material 

1.57 

1.78 

130 

828 

(AA) No Not more than six (6) of thirty-two (32) horizontally 

discharged soaking pits may be fired on coke oven gas at the same time 

with total sulfur dioxide emissions not to exceed two hundred ninetytwo (292) pounds per hour. 

(BB) The remaining twenty-six (26) of thirty-two (32) horizontally 

discharged soaking pits may bum blast furnace andfor natural gas, or 

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April 1, 2009 

both, with total sulfur dioxide emissions not to exceed twenty-seven 

(27) pounds per hour. 

(CC) The four (4) vertically discharged soaking pits may bum blast 

furnace andfor natural gas, or both, with total sulfur dioxide emissions 

not to exceed four ( 4) pounds per hour. 

(viii} (vii) 160 inch Plate Mill Continuous 1.78 293 

Reheat Furnace No. 1 and Boiler No. 1 

6x)-(viii) 160 inch Plate Mill Continuous 1. 78 293 

Reheat Furnace No. 2 and Boiler No. 3 

(xf-(ix) 80 inch Hot Strip Mill Furnace 1. 78 483 each 

No. 1, 2, and 3 

(xit-(x) 110 inch Plate Mill Furnaces No. 1.78 401 

1 and2 

(riiJ (xi) 110 inch Plate Mill Normalizing 1.07 88 

Furnace 

(xfu}-(xii) 160 inch Plate Mill I & 0 1. 78 249 

Furnaces No. 4 and 5 

If 160 inch Plate Mill I & 0 Furnaces No.6 andfor 7, or both, are in operation on 

a fuel other than natural gas, Furnaces No. 4 and 5 shall not operate or shall bum 

natural gas only. 

txiv} (xiii) 160 inch Plate Mill I & 0 1. 78 249 

Furnaces No.6 and 7 

If 160 inch Plate Mill I & 0 Furnaces No.4 andfor 5, or both, are in operation on 

a fuel other than natural gas, Furnaces No. 6 and 7 shall not operate or shall bum 

natural gas only. 

txv] (xiv) 160 inch Plate Mill I & 0 Furnace 1. 78 160 

No.8 

(xvi7 (xv) Power Station Boilers No. 7 0.8 520 

(xvii]-(xvi) Power Station Boilers No. 8, 9, 1.45 total 2,500 total 

10, 11, and 12 

(xviii) Bethlehem Steel (xvii) ISG Burns Harbor LLC shall notify the 

department at least twenty-four (24) hours prior to reliance on the alternative 

set oflimits specified in items (i) through fxvii7 Bethlehem Steel (xvi). ISG 

Burns Harbor LLC shall maintain records of fuel type and operational status 

of facilities listed in items (xii) and (xiii) and shall make the records available 

to the department upon request. 

(nx7 (xviii) For the purposes of326 lAC 7-2-1(c)(2), compliance shall be 

determined based on separate calendar month averages for the set of 

requirements specified in this clause and for the set of requirements specified in 

clause (B). 

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April 1, 2009 

(D) Coke oven gas usage at facilities other than the No. 1 and 2 Coke Battery 

Underfire Stacks shall be restricted to no not more than seventy-five (75) million cubic 

feet per day. Total sulfur dioxide emissions from the facilities listed in clause (B)(i) 

through (D)(iv), (B)(vii)(AA) throngh (D)(vii)(BB), (B)(viii) thtongh (B)(xi) (B)(iii), 

(B)(vi)(AA) through (B)(vi)(BB), (B)(vii) through (B)(x), and (B)(xiii) throngh 

(D)(xvii) (B)(xii) through (B)(xvi) shall not exceed four thousand four hundred 

twenty-nine ( 4,429) pounds per hour. During periods in which the limits contained in 

clause (C) are in effect, coke oven gas usage at facilities other than the No. 1 and 2 

Coke Battery Underfire Stacks shall be restricted to no not more than seventy (70) 

million cubic feet per day, and total sulfur dioxide emissions from the facilities listed 

in clause (C)(i) through (C)(iv), (C)(vii)(AA)tluongh (C)(viiXBB) (C)(viii) thtongh 

(C)(xi) (C)(iii), (C)(vi)(AA) through (C)(vi)(BB), (C)(vii) through (C)(x), and 

(C)(xiii) tlnongh (C)(xvii) (C)(xii) through (C)(xvi) shall not exceed four thousand 

six hundred ih.irty ( 4,630) pounds per hour. 

(E) Bethlehem Steel ISG Burns Harbor LLC shall achieve compliance with the 

requirements specified in clause (B) or (C) prior to December 31, 1988. Thereafter, 

Bethlehem Steel ISG Burns Harbor LLC shall submit a report to the department 

within thirty (30) days following the end of each calendar quarter containing the 

following information: 

(i) Records of the total coke oven gas, blast furnace gas, fuel oil, and natural 

gas usage for each day at each facility listed in clauses (B) tluongh and (C). 

(ii) Records of the: 

(AA) average sulfur content and heating value as determined per the 

procedures specified in clause (F) for each fuel type used during the calendar 

quarter; and ofthe-

(BB) maximum number of slab mill soaking pits burning coke oven gas at any 

given time during each day. 

(iii) The calculated sulfur dioxide emission rate in the applicable emission units 

(pounds per hour, pounds per million Btu, andfor pounds per ton) for each 

facility for each day and the average sulfur dioxide emissions from the facilities 

listed in clause (C)(i) through (C)(iv), (C)(vii)(AA) throngh (C)(vii)(DB), 

(C)(viii) tluongh (C)(xi) (C)(iii), (C)(vi)(AA) through (C)(vi)(BB), (C)(vii) 

through (C)(x), and (C)(xiii) throngh (C)(xvii) (C)(xii) through (C)(xvi) for 

each day in pounds per hour during the calendar quarter. 

(F) Bethlehem Steel ISG Burns Harbor LLC shall submit a sampling and analysis 

protocol to the department by December 31, 1988. The protocol shall: 

(i) contain a description of planned procedures for: 

(AA) sampling of sulfur-bearing fuels and materials; ;-for-

(BB) analysis of the sulfur content; and for 

(CC) any planned direct measurement of sulfur dioxide emissions vented 

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to the atmosphere The protocol shall ; and 

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ISG Bums Harbor LLC 

April I, 2009 

(ii) specify the frequency of sampling, analysis, andformeasurement for each: 

(AA) fuel and material; and for each 

(BB) facility. 

The department shall incorporate the protocol into the source's operation permit 

per procedures specified in 326 lAC 2. The department may revise the protocol as 

necessary to establish acceptable sampling, analysis, andfor measurements 

procedures and frequency. The department may also require that a source conduct 

a stack test at any facility listed in this subdivision within thirty (30) days of 

written notification by the department. 

(2) Northern Indiana Public Service Company Bailly Station shall comply with the 

following: 

Emission Limitations 

Facility Description lbs./MMBtu 

(A) Boilers 7 and 8 6.0 each 

Boilers 7 and 8 shall be fired with coal, fuel oil, or natural gas. 

(B) Gas Turbine 10 natural gas only 

(3) Midwest Steel shall comply with the following: 

Emission Limitations 

Facility Description lbs./MMBtu 

Babcock and Wilcox Boiler 1 and Erie City Boilers No. 1,1.33 each 

2, and 3 

Only two (2) of four ( 4) boilers may bum fuel oil with a sulfur dioxide emission rate greater 

than three-tenths (0.3) pounds per million Btu at the same time. Midwest Steel shall maintain 

records of fuel type for each boiler for each hour. The records of fuel type shall be made 

available to the department upon request. 

( 4) Air Products and Chemical shall comply with the following: 

Facility Description Emission Limitations 

All boilers and the No.3 Hydrogen Reformer natural gas only 

(Air Pollution Control Board; 326 lAC 7-4-14;fi/ed Aug 28, 1990, 4:50p.m.: 14 IR 78; 

readopted filed Jan 10, 2001, 3:20p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35p.m.: 26 IR 

1568) 

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