INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Michael R. Pence 

Governor 

Susan Hedman 

Regional Administrator 

U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

Dear Ms. Hedman: 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov 

July 17, 2015 

Thomas W. Easterly 

Commissioner 

Re: State Implementation Plan Submittal for 

Indiana Regarding 326 lAC 8-12-4, Shipbuilding 

Antifoulant Coatings (LSA # 14-441) 

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

Indiana Depruiment of Environmental Management (IDEM) submits an amendment to the 

Indiana state implementation plan (SIP). This amendment consists of revisions to 326 lAC 8-12-

4 accomplished through one rulemaking. IDEM requests that the United States Environmental 

Protection Agency (U.S. EPA) approve 326 lAC 8-12-4. 

This rulemaking amends the volatile organic compounds (VOC) limit for antifoulant 

coatings applicable to owners or operators of shipbuilding or ship repair facilities located in 

·Clark, Floyd, Lake, or Potier counties at 326 lAC 8-12-4. The revised VOC limit of3.33 pounds 

per gallon is consistent with the limit in the Control Techniques Guideline (CTG) (August 27, 

1996, Federal Register, 61 FR 44053) that U.S. EPA issued for determining reasonable available 

control technology (RACT) for shipbuilding and ship repair operations located in ozone 

nonattainment areas and the final National Emission Standards for Hazardous Air Pollutants 

(NESHAP) for Shipbuilding and Ship Repair, 40 CFR 63, Subprui II. 

This SIP revision relies on offsets generated by the Architectural and Industrial 

Maintenance (AIM) coatings rule adopted at 326 lAC 8-14. Indiana's AIM coatings rule goes 

above and beyond the federal AIM rule by adopting a rule that is similar to the Ozone Transpmi 

Commission (OTC) model rule. According to a 2006 Lake Michigan Air Directors Consortium 

(LAD CO) white paper, the OTC model rule provides a 31% to 48.4% (depending on the AIM 

coatings category) reduction in VOC emissions compared to uncontrolled 2002 base case 

emissions while the federal AIM rule alone provides a 20% reduction compared to the base 

case. The Indiana AIM rule was approved into the SIP on August 30, 2012 (77 FR 52606). 

Indiana was not required to adopt an AIM coatings rule but did so as a multi-state effort to help 

reduce ozone levels at the regional level. Indiana did not adopt the AIM rule to comply with any 

Indiana SIP planning requirements and has not taken credit for it in air quality plans. It has not 

been included in maintenance year horizons or rate of further progress (RFP) inventories. 

Therefore, these SIP approved AIM limits can be used as offsets for other purposes, such as this 

An Equal Opportunity Employer 0 @ Recycled Paper A State that~ 
Ms. Susan Hedman 

Page 2 of2 

SIP revision. This SIP revision does not account for all of the offsets generated by the AIM rule 

and Indiana will also be using a portion of the AIM offsets in a corresponding SIP revision, the 

Stage II Vapor Recovery Systems SIP revision submitted on April27, 2015. Based on the use of 

offsets, IDEM has determined that there is no impact on the ozone NAAQS. 

On October 23, 2014, IDEM submitted a Commissioner's Order for SIP approval in 

regards to a site specific RACT petition for Jeffboat LLC. This rulemaking addresses the same 

VOC limit included in the site specific RACT petition. The rulemaking makes the revised limit 

for antifoulant coatings applicable to all sources potentially subject to the rule, not just Jeffboat 

LLC, although, Jeffboat is the only known source. IDEM requests that the SIP revision address 

both the site specific RACT petition and the rulemaking. 

This submittal consists of one (1) hard copy of the required documentation. An 

electronic version ofthe submittal in PDF format that is identical to the hard copy has been sent 

to Chris Panos at the U.S. EPA Region 5 office. In order to assist with your review of this state 

implementation plan submission, a list of supporting documents is attached. 

Throughout the development of this amendment to existing rule 326 lAC 8-12-4, staff of 

the Office of Air Quality worked closely with your staff to ensure that any potential problems 

that might exist with this requested state implementation plan revision would be resolved. I 

request that U.S. EPA approve this modification of Indiana's SIP. If you have any questions 

regcu.·ding this submittal, please contact Christine Pedersen, Rule Development Section Chief, . 

Office of Legal Counsel at (317) 233-5684. 

KB/sb 

Attachments: Supporting Documents 

Sincerely, 

Keith 

~~ Baugues 

Assistant Commissioner 

Office of Air Quality 

cc: John Mooney, U.S. EPA Region V (no enclosures) 

Pamela Blakley, U.S. EPA Region V (no enclosures) 

Doug Aburano, U.S. EPA Region V (no enclosures) 

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

Christine Pedersen, IDEM (no enclosures) 

SIP file 
Supporting Documents 

Attachment A: Administrative Checklist (40 CFR 51, Appenqix V) 

Attachment B: Final Rule. LSA Document # 14-441 (F) as posted in the Indiana Register on June 17, 

2015 (DIN: 20150617-IR-326140441FRA) 

Attachment C: Signature Page 

Attachment D: Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Second 

Notice of Public Comment Period, including the Notice of Public Hearing, as published in the Indiana 

Register on October 29, 2014 (DIN: 20141029-IR-326140441FNA) 

Attachment E: Cmiificates of Web Publication 

Attachment F: Transcript ofFirst Public Hearing held on Janumy 14, 2015. 

Attachment G: Proposed Rule, including the Notice of Public Hearing, as published in the Indiana 

Register on February 4, 2015 (DIN: 20150204-IR-326140441PRA) 

Attachment H: Transcript of Second Public Hearing held on March 11, 2015 

Attachment I: Technical Suppmi Documentation 
ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 

1. The submittal is accompanied by a formal letter of submittal 

from the governor or his designee. 

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

or body of regulations; or issued the permit, order, consent 

agreement ("document"); in final form. 

a. Date of adoption or final issuance: 

b. The effective date of the plan, if different 

from the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority 

under state law to adopt and implement the plan. 

4. A copy of the actual regulation or document submitted for 

approval and incorporation by reference into the plan, 

including the following: 

a. Indication of the changes made to the existing 

approved plan, where applicable. 

b. The submittal shall be a copy of the official State 

regulation or document signed, stamped, dated by 

the appropriate state official indicating that it is fully 

enforceable by the State. Effective date shall be stated 

in the document itself. 

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in 

conducting and completing the adoption/issuance of the plan. 

Enclosed 

Attachment C 

March 11, 2015 

June 21, 2015 (filed May 22, 2015) 

IC 13-14-8 

Attachment B 

Attachment C 

6. Evidence that public notice was given, including date of Attachments D, E, and G 

proof of publication. 

_x_Notice of First Public Hearing and Certificates of Web Publication 

_· x_Notice of Second Public Hearing and Certificates ofWeb Publication 

7. Certification that public hearings were held in accordance 

with information provided in public hearing notice. 

_x_ Transcript from First Public Hearing 

_x_ Transcript from Second Public Hearing 

8. Compilation of public comments and State's response. 

_x_ Proposed Rule 

9. Technical Support Document (if source specific change). 

Attachments F and H 

Attachment G 

Attachment I 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Final Rule 

LSA Document #14-441 (F) 

DIGEST 

Amends 326 lAC 8-12-4 concerning antifoulant coatings used at shipbuilding and ship repair facilities. 

Effective 30 days after filing with the Publisher. 

HISTORY 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Second Notice of Comment 

Period: October 29, 2014, Indiana Register (DIN: 20141 029-IR-326140441 FDA). 

Notice of First Hearing: October 29, 2014, Indiana Register (DIN: 20141029-IR-326140441PHA). 

Date of First Hearing: January 14, 2015. 

Proposed Rule: February 4, 2015, Indiana Register (DIN: 20150204-IR-326140441PRA). 

Notice of Second Hearing: February 4, 2015, Indiana Register (DIN: 20150204-IR-326140441 PHA). 

Date of Second Hearing: March 11, 2015. 

326 lAC 8-12-4 

SECTION 1. 3261AC 8-12-41S AMENDED TO READ AS FOLLOWS: 

326 lAC 8-12-4 Volatile organic compound emissions limiting requirements 

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

Affected: IC 13-12 

Sec. 4. (a) On and after May 1, 1996, The owner or operator of a shipbuilding or ship repair facility subject to 

this rule shall comply with the following VOC emissions limiting requirements: 

(1) Provisions applicable to specialty coatings are as follows: 

(A) Special marking coatings shall, not exceed a VOC content of four and eight-hundredths (4.08) pounds 

per gallon. ,. " 

(B) Heat resistant and high-gloss coatings shall not exceed a VOC content of three and fifty~hundredths 

(3.50) pounds per gallon. 

(C) High-temperature coatings shall not exceed a VOC content of four and seventeen-hundredths (4.17) 

pounds per gallon. 

(D) Antifoulant coatings shall not exceed a VOC content of three and thirty-three hundredths (3.33) 

pounds per gallon. 

fG1 (E) Weld-through (shop) preconstruction primers shall comply with subdivisions (3) through (5). 

fE1 (F) Any other specialty coating shall not exceed a VOC content of two and eighty-three hundredths 

(2.83) pounds per gallon. 

(2) During application of any general use coating, VOC emissions shall be limited as follows: 

(A) The VOC content of any general use coating shall not exceed two and eighty-three hundredths (2.83) 

pounds per gallon, as applied. 

(B) From May 1 through September 30, no thinner shall be added to any general use coating. 

(3) During application of any weld-through (shop) preconstruction primer, VOC emissions shall be limited 

throughout the year as follows: 

(A) Waterbased weld-through (shop) preconstruction primer shall be used. 

(B) The VOC content of weld-through (shop) preconstruction primer, as applied, shall not exceed zero (0). 

(C) No cleaning material shall be used in the primer application facility. 

(D) No thinner shall be added to the weld-through (shop) preconstruction primer. 

(4) If the owner or operator of a shipbuilding or ship repair facility determines that a waterbased weld-through 

(shop) preconstruction primer can no longer be used due to an operational, performance, or availability 

constraint associated with the waterbased weld-through (shop) preconstruction primer, the source shall do the 

following: 

(A) Notify the department within seven (7) days of discontinuing use of the waterbased weld-through (shop) 

preconstruction primer. 

(B) Submit to the department for approval a plan for an alternative control within sixty (60) days of 

discontinuance. The alternative control shall consist of one (1) of the following: 

(i) A waterbased weld-through (shop) preconstruction primer. 

Date: Jun 17,2015 3:02:21 PM EDT DIN: 20150617-IR-326140441FRA Page 1 
Indiana Register 

(ii) A control system with a minimum overall VOC emissions reduction efficiency of ninety-five percent 

(95%) that is subject to each of the following requirements: 

(AA) The operation, maintenance, and testing requirements of 326 lAC 8-7-9. 

(BB) The monitoring, record keeping, and reporting requirements of 326 lAC 8-7-1 0. 

(C) Install the alternative control within nine (9) months of approval by the department of the plan required in 

clause (B). 

(5) During the time between the date when the owner or operator of the shipbuilding or ship repair facility 

discontinues the use of the waterbased preconstruction primer and the date when the alternative control is 

installed, the weld-through (shop) preconstruction primer used by the owner or operator of such shipbuilding or 

ship repair facility shall not exceed a VOC content of five and sixty-five hundredths (5.65) pounds per gallon or 

the VOC content for weld-through (shop) preconstruction primer prescribed by the U.S. eP/\ in a final 

regulation establishing National emissions Emission Standards for Shipbuilding and Ship Repair (Surface 

Coating), 40 CFR 63, Subpart II, whichever is lower. 

(b) On and after May 1, 1996, A source subject to this rule shall comply with the following work practice 

standards: 

(1) Cleaning accessories, such as, but not limited to, paper, cloth, and rags that have been used for cleaning 

surfaces and equipment and that contain cleaning materials shall be stored in normally closed gasket sealed 

containers. 

(2) VOC-containing solvents and coatings shall be stored in normally closed sealed containers prior to use. 

Spent VOC-containing solvents and coatings shall be stored in normally closed gasket sealed containers. 

(3) Cleaning materials for cleaning spray equipment, including paint lines, shall not be used unless the 

equipment for collecting the cleaning materials and minimizing its evaporation to the atmosphere is used. 

(4) All handling and transfer of VOC-containing materials to and from containers, tanks, vats, drums, and 

piping systems shall be conducted in a manner that minimizes drips and spills, and any drips and spills shall 

be cleaned up promptly. 

(5) All containers, tanks, vats, drums, and piping systems shall be free of cracks, holes, and other defects and 

must be closed unless materials are being added to or removed from them. 

(c) The owner or operator of sources subject to this rule shall comply with the following training requirements: 

(1) On or before January 1, 1996, The owner or operator shall develop a written worker training program. The 

training program shall be included in' the compliance plan required to be submitted to the department for 

review by section 7(b )(1) of this rule. 

· (2) On or before May 1, 1996, All workers, including contractors, shall have completed a training program if 

they engage in any of the activities listed in subdivision (3). 

(3) The training program may include training provided by the manufacturer or supplier of coatings, cleaning 

materials, or the application equipment thereof, and shall include written procedures, hands-on demonstration, 

as appropriate, and certification by the trainer of the trainee's ability to perform the task, on the following 

activities: 

(A) Identification of appropriate coatings or cleaning materials. 

(B) Preparation of coatings or cleaning materials according to coating or cleaning material manufacturer, 

distributor, or owner or operator's recommendations. 

(C) Application of coatings or cleaning materials, or organic solvents using techniques that minimize their 

usage. 

(D) Procedures to clean spray guns to minimize evaporation of organic solvents to the atmosphere. 

(E) Work practice standards established in subsection (b). 

(F) Procedures to gather, record, monitor, and report data in accordance with section 7 of this rule. 

(4) Beginning in 1997, The owner or operator shall provide annual refresher training prior to May 1 to any 

worker performing one ( 1) or more of the activities listed in subdivision (3). Such training shall be appropriate 

to the job responsibilities of the worker. 

(5) Any worker may perform one (1) or more activities listed in subdivision (3), for not more than one hundred 

eighty (180) days, notwithstanding the requirement of subdivision (2), provided: 

(A) such untrained worker works under the supervision of a worker who meets the training requirements of 

subdivision (2); and 

(B) the owner or operator keeps records of: 

(i) the date the worker was assigned to the activity; 

(ii) the date training was completed; and 

(iii) the name of the worker providing the supervision. 

(6) The owner or operator shall keep records of the training program. The records shall consist of the 

following: 

Date: Jun 17,2015 3:02:21PM EDT DIN: 20150617-IR-326140441FRA Page 2 
Indiana Register 

(A) The date training was completed. 

(B) A list of workers by name and worker activities listed in subdivision (3) in which each worker has been 

trained. 

(C) A statement signed by the person providing the training certifying that the worker completed training and 

is proficient in the activities listed in subdivision (3) in which the worker will be engaged. 

(Air Pollution Control Division; 3261AC B-12-4: filed Apr 1, 1996, 10:00 a.m.: 191R 1753; filed Jun 15, 2001, 12:0B 

p.m.: 241R 3613; filed May 22, 2015, 3:14p.m.: 20150617-IR-326140441FRA) 

LSA Document #14-441 (F) 

Proposed Rule: 20150204-IR-326140441 PRA 

Hearing Held: March 11, 2015 

Approved by Attorney General: May 15, 2015 

Approved by Governor: May 20, 2015 

Filed with Publisher: May 22, 2015, 3:14p.m. 

Documents Incorporated by Reference: None Received by Publisher 

Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IGCN 1225, 100 North Senate Avenue 

Indianapolis, IN 46204-2251, (317) 232-B172 or (BOO) 9BB-7901, ctap@idem.in.gov 

Small Business Assistance Program Ombudsman: Steven N. Howell, IGCN 1301, 100 North Senate Avenue, 

Indianapolis, IN 46204-2251, (317) 232-B5B7 or (BOO) 451-6027, snhowell@idem.in.gov 

Posted: 06/17/2015 by Legislative Services Agency 

An html version of this document. 

Date: Jun 17,2015 3:02:21PM EDT DIN: 20150617-IR-326140441FRA Page 3 
Rule Signature Page 

Rule#: LSA Document # 14-441 (F) 

Environmental Rules Board 

Shipbuilding and Ship Repair 

Agency: 

Subject: 

ADOPTED: 

Beverly ~~~ J. Gard ., . 

By: 

Chairperson, Environmental Rules Board 

APPROVED: 

n~f}· ~:...--...,- Governor, State of Indiana 

ACCEPTED FOR FILING: 

By: TI1LE 326 AIR POLLUTION CONTROL DIVISION 

LSA Docmnent #14-44l(FR) 

Filed with Publisher: May 22,2015, 3:14p.m. 

By: Kks· 

Date J /_1{ t/ j 

Date: , s;U-;~ 

-of I Date:~r 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

FINDINGS AND DETERMINATION OF THE COMMISSIONER 

PURSUANT TO IC 13-14-9-7 AND SECOND NOTICE OF COMMENT PERIOD 

LSA Document #14-441 

SHIPBUILDING AND SHIP REPAIR ANTIFOULANT COATINGS 

PURPOSE OF NOTICE 

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

amendments to 326 lAC 8-12 concerning antifoulant coatings used at shipbuilding and ship repair facilities. The 

purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to 

be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 

that may be affected by this rulemaking. 

CITATIONS AFFECTED: 326 lAC 8-12-4. 

AUTHORITY: IC 13-14-18; IC 13-17-3. 

STATUTORY REQUIREMENTS 

IC 13-14-9-7 recognizes that under certain circumstances it may be appropriate to reduce the number of 

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

policy alternatives available to IDEM are so limited that the first notice of public comment period would provide no 

substantial benefit to the environment or persons to be regulated or otherwise affected by the proposed rule, 

IDEM may forgo this comment period and proceed directly to the notice of second public comment period. 

If the commissioner makes the determination of limited rulemaking policy alternatives required by IC 13-14-9-

z. the commissioner shall prepare written findings and include them in the second notice of public comment 

period published in the Indiana Register. This document constitutes the commissioner's written findings pursuant 

to IC 13-14-9-7. 

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

rulemaking policy alternatives available to the department are so limited that the public notice and comment 

period under [IC 13-14-9-3] ... would provide no substantial benefit to: 

( 1) the environment; or 

(2) persons to be regulated or otherwise affected by the proposed rule.". 

BACKGROUND 

IDEM regulates volatile organic compound (VOC) emissions from surface coating operations at shipbuilding 

and ship repair facilities at 326 lAC 8-12. The shipbuilding and ship repair rule was adopted in 1995 to comply 

with Section 182(b )( 1) of the Clean Air Act that required ozone nonattainment areas classified as moderate or 

above to develop plans to reduce the areas' VOC emissions by at least 15% by November 15, 1996. Reduction 

plans were prepared for Clark, Floyd, Lake, and Porter counties. These plans relied on a variety of mobile, 

stationary, and area source controls, including control of VOC from shipbuilding and ship repair surface coating 

operations. The United States Environmental Protection Agency (U.S. EPA) was working on the Control 

Technique Guideline (CTG) for this source category but had not issued the CTG by the time IDEM needed to 

proceed with rulemaking to meet Clean Air Act deadlines. U.S. EPA had also proposed a National Emission 

Standard for Hazardous Air Pollutants (NESHAP) for shipbuilding and ship repair. IDEM developed 326 lAC 8-12 

to be consistent with the proposed NESHAP as much as possible. Jeffboat LLC, located in Jeffersonville (Clark 

County) is the primary source regulated by 326 lAC 8-12. 

Jeffboat LLC recently made a request to IDEM to amend the VOC content limit for antifoulant coatings. 

Section 4(a)(1)(E) of 326 lAC 8-12 indicates that specialty coatings not specifically listed shall not exceed a VOC 

content of 2.83 pounds per gallon. Antifoulant coatings are not specifically listed and are subject to the 2.83 

pounds per gallon limit. The antifoulant coating that Jeffboat LLC was using with a VOC content limit of 2.83 

pounds per gallon was discontinued by the supplier and is no longer available. There are two antifoulant coatings 

remaining on the market that meet the more stringent Indiana requirements in 326 lAC 8-12-4(a)(1)(E). The first is 

specifically designed for yachts and does not have the same ablative properties that are required in barge 

manufacturing. The second costs three times more than the other available antifoulant coatings, putting Jeffboat 

LLC, and potentially any other source subject to 326 lAC 8-12, at a severe economic disadvantage to facilities in 

other states that can purchase the cheaper antifoulant coatings that meet the VOC content limit in the NESHAP. 

IDEM is proposing an antifoulant VOC content limit of 3.33 pounds per gallon. This is consistent with the limit 

in the final NESHAP for Shipbuilding and Ship Repair, 40 CFR 63, Subpart II, Table 2 and the CTG (August 27, 

1996, Federal Register, 61 FR 44053) that U.S. EPA issued for the control of VOC emissions to assist states in 

Date: Jun 19,201510:55:11AM EDT DIN: 20141029-IR-326140441FDA Page 1 
Indiana Register 

analyzing and determining reasonable available control technology (RACT) for shipbuilding and ship repair 

operations located in ozone nonattainment areas. IDEM is not aware of any other state RACT rules with more 

stringent VOC limits than the 3.33 pounds per gallon VOC content limit for antifoulant coatings. 

The current limit in 3261AC 8-12-4 is part of the Indiana state implementation plan (SIP) and IDEM will 

submit this rulemaking to U.S. EPA for SIP approval once it is effective. IDEM will provide a Section 110(1) Clean 

Air Act demonstration for antibacksliding for SIP approval and will rely on reductions in the state architectural and 

industrial maintenance (AIM) rule at 326 lAC 8-14 for the antibacksliding demonstration. 

IDEM is using a Section 7 notice for this rulemaking because the options for the amendment are limited and it 

is the only amendment IDEM is proposing for this rulemaking. The proposed limit is consistent with federal law. 

IC 13-14-9-41dentification of Restrictions and Requirements Not Imposed under Federal Law 

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

applies that is not imposed under federal law. 

Potential Fiscal Impact 

This rulemaking will save the affected source money since the source will not have to switch to a higher cost 

coating and will not lose customers to competitors that can respond to a customer's request to use a specific 

manufacturer coating system to coat the barge. If Jeffboat LLC cannot offer the same options as other 

manufacturers in other states, they may have to decline business or send the barge to an outside independent 

shipyard in another state, which could substantially increase cost to Jeffboat LLC or negatively impact their ability 

to give timely service to customers. Coating suppliers are normally awarded the whole vessel for their paint 

system, and therefore, do not go to the expense to test antifoulants with other supplier's epoxy, and do not 

warranty their coating system with other supplier's antifoulants. 

Public Participation and Work Group Information 

No work group is planned for the rulemaking. If you feel that a work group or other informal discussion on the 

rule is appropriate, please contact Susan Bem, Rules Development Branch, Office of Legal Counsel at (317) 

233-5697 or (800) 451-6027 (in Indiana). 

Small Business Assistance Information 

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

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

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

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

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

www.in.gov/idem/ctap 

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small 

Business Regulatory Coordinator: 

Jessica Faust-Hamblin 

IDEM Small Business Regulatory Coordinator 

IGCN 1225 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

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

ctap@idem.in.gov 

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 4-4-35-8 is: 

Erik Scheub 

Office of Small Business and Entrepreneurship 

One North Capitol, Suite 600 

Indianapolis, IN 46204 

(317) 232-5679 

ombudsman@osbe. in .gov 

Resources available to regulated entities through the small business ombudsman include the ombudsman's 

duties stated in IC 4-4-35-8, specifically IC 4-4-35-8(9), investigating and attempting to resolve any matter 

regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as 

a party to a proceeding or as a mediator. 

The Small Business Assistance Program Ombudsman is: 

Steven N. Howell 

IDEM Small Business Assistance Program Ombudsman 

IGCN 1301 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(317) 232-8587 or (800) 451-6027 

snhowell@idem.in.gov 

Date: Jun 19,201510:55:11AM EDT DIN: 20141029-IR-326140441FDA Page 2 
Indiana Register 

FINDINGS 

The commissioner of IDEM has prepared written findings regarding rulemaking on a revised VOC content 

limit for antifoulant coatings at 326 lAC 8-12-4. These findings are prepared under IC 13-14-9-7 and are as 

follows: 

(1) The options for a revised VOC limit for antifoulant coatings are very limited. If the revised limit is not 

consistent with RACT, U.S. EPA will not approve the new limit. 

(2) I have determined that under the specific circumstances pertaining to this rule, the rulemaking policy 

alternatives are so limited that the public notice and comment period provided in the notice of first public 

comment period would provide no substantial benefit to the environment or to persons to be regulated or 

otherwise affected by the rule. 

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

Thomas W. Easterly 

Commissioner 

Indiana Department of Environmental Management 

REQUEST FOR PUBLIC COMMENTS 

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

specific revisions to language to be contained in the draft rule. Comments may be submitted in one of the 

following ways: 

(1) By mail or common carrier to the following address: 

LSA Document #14-441 Shipbuilding Antifoulant Coatings 

Susan Bem 

Rules Development Branch 

Office of Legal Counsel 

Indiana Department of Environmental Management 

Indiana Government Center North 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of your faxed comments by calling the 

Rules Development Branch at (317) 232-8922. 

(3) By electronic mail to sbem@idem.in.gov. To confirm timely delivery of submitted comments, please 

request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments 

will NOT be considered part of the official written comment period unless they are sent to the address 

indicated in this notice. 

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, 

Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana. 

Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is 

intended to address, each comment document must clearly specify the LSA document number of the rulemaking. 

COMMENT PERIOD DEADLINE 

All comments must be postmarked, faxed, or time stamped not later than December 1, 2014. Hand-delivered 

comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. 

Additional information regarding this action may be obtained from Susan Bem, Rules Development Branch, 

Office of Legal Counsel) (317) 233-5697 or (800) 451-6027 (in Indiana). 

DRAFT RULE 

SECTION 1. 326 lAC 8-12-4 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 8-12-4 Volatile organic compound emissions limiting requirements 

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

Affected: IC 13-12 

Sec. 4. (a) On and after May 1, 1996, the owner or operator of a shipbuilding or ship repair facility subject to 

this rule shall comply with the following VOC emissions limiting requirements: 

(1) Provisions applicable to specialty coatings are as follows: 

(A) Special marking coatings shall not exceed a VOC content of four and eight-hundredths (4.08) pounds 

per gallon. 

(B) Heat resistant and high-gloss coatings shall not exceed a VOC content of three and fifty-hundredths 

Date: Jun 19,201510:55:11AM EDT DIN: 20141029-IR-326140441FDA Page 3 
Indiana Register 

(3.50) pounds per gallon. 

(C) High-temperature coatings shall not exceed a VOC content offour and seventeen-hundredths (4.17) 

pounds per gallon. 

(D) Antifoulant coatings shall not exceed a VOC content of three and thirty-three hundredths (3.33) 

pounds per gallon. 

f91 (E) Weld-through (shop) preconstruction primers shall comply with subdivisions {3) through (5). 

fE1 (F) Any other specialty coating shall not exceed a VOC content of two and eighty-three hundredths 

(2.83) pounds per gallon. 

(2) During application of any general use coating, VOC emissions shall be limited as follows: 

(A) The VOC content of any general use coating shall not exceed two and eighty-three hundredths (2.83) 

pounds per gallon, as applied. 

(B) From May 1 through September 30, no thinner shall be added to any general use coating. 

(3) During application of any weld-through (shop) preconstruction primer, VOC emissions shall be limited 

throughout the year as follows: 

(A) Waterbased weld-through (shop) preconstruction primer shall be used. 

(B) The VOC content of weld-through (shop) preconstruction primer, as applied, shall not exceed zero (0). 

(C) No cleaning material shall be used in the primer application facility. 

(D) No thinner shall be added to the weld-through (shop) preconstruction primer. 

(4) If the owner or operator of a shipbuilding or ship repair facility determines that a waterbased weld-through 

(shop) preconstruction primer can no longer be used due to an operational, performance, or availability 

constraint associated with the waterbased weld-through (shop) preconstruction primer, the source shall do the 

following: 

(A) Notify the department within seven (7) days of discontinuing use of the waterbased weld-through (shop) 

preconstruction primer. 

(B) Submit to the department for approval a plan for an alternative control within sixty (60) days of 

discontinuance. The alternative control shall consist of one (1) of the following: 

(i) A waterbased weld-through (shop) preconstruction primer. 

(ii) A control system with a minimum overall VOC emissions reduction efficiency of ninety-five percent 

(95%) that is subject to each of the following requirements: 

(AA) The operation, maintenance, and testing requirements of 326 lAC 8-7-9. 

(BB) The monitoring, record keeping, and reporting requirements of 326 lAC 8-7-10. 

(C) Install the alternative control within nine (9) months of approval by the department of the plan required in 

clause (B). 

(5) During the time between the date when the owner or operator of the shipbuilding or ship repair facility · 

discontinues the use of the waterbased preconstruction primer and the date when the alternative control is 

installed, the weld-through (shop) preconstruction primer used by the owner or operator of such shipbuilding or 

ship repair facility shall not exceed a VOC content of five and sixty-five hundredths (5.65) pounds per gallon or 

the VOC content for weld-through (shop) preconstruction primer prescribed by the U.S. EP/\ in a final 

regulation establishing National Emissions Emission Standards for Shipbuilding and Ship Repair (Surface 

Coating), 40 CFR 63, Subpart II, whichever is lower. 

(b) On and after May 1, 1996, a source subject to this rule shall comply with the following work practice 

standards: 

( 1) Cleaning accessories, such as, but not limited to, paper, cloth, and rags that have been used for cleaning 

surfaces and equipment and that contain cleaning materials shall be stored in normally closed gasket sealed 

containers. 

(2) VOC-containing solvents and coatings shall be stored in normally closed sealed containers prior to use. 

Spent VOC-containing solvents and coatings shall be stored in normally closed gasket sealed containers. 

(3) Cleaning materials for cleaning spray equipment, including paint lines, shall not be used unless the 

equipment for collecting the cleaning materials and minimizing its evaporation to the atmosphere is used. 

(4) All handling and transfer of VOC-containing materials to and from containers, tanks, vats, drums, and 

piping systems shall be conducted in a manner that minimizes drips and spills, and any drips and spills shall 

be cleaned up promptly. 

(5) All containers, tanks, vats, drums, and piping systems shall be free of cracks, holes, and other defects and 

must be closed unless materials are being added to or removed from them. 

(c) The owner or operator of sources subject to this rule shall comply with the following training requirements: 

(1) On or before January 1, 1996, the owner or operator shall develop a written worker training program. The 

training program shall be included in the compliance plan required to be submitted to the department for 

review by section 7(b )(1) of this rule. 

Date: Jun 19,201510:55:11AM EDT DIN: 20141029-IR-326140441FDA Page 4 
Indiana Register 

(2) On or before May 1, 1996, all workers, including contractors, shall have completed a training program if 

they engage in any of the activities listed in subdivision (3). 

(3) The training program may include training provided by the manufacturer or supplier of coatings, cleaning 

materials, or the application equipment thereof, and shall include written procedures, hands-on demonstration, 

as appropriate, and certification by the trainer of the trainee's ability to perform the task, on the following 

activities: 

(A) Identification of appropriate coatings or cleaning materials. 

(B) Preparation of coatings or cleaning materials according to coating or cleaning material manufacturer, 

distributor, or owner or operator's recommendations. 

(C) Application of coatings or cleaning materials, or organic solvents using techniques that minimize their 

usage. 

(D) Procedures to clean spray guns to minimize evaporation of organic solvents to the atmosphere. 

(E) Work practice standards established in subsection (b). 

(F) Procedures to gather, record, monitor, and report data in accordance with section 7 of this rule. 

(4) Beginning in 1997, the owner or operator shall provide annual refresher training prior to May 1 to any 

worker performing one (1) or more of the activities listed in subdivision (3). Such training shall be appropriate 

to the job responsibilities of the worker. 

(5) Any worker may perform one (1) or more activities listed in subdivision (3), for not more than one hundred 

eighty (180) days, notwithstanding the requirement of subdivision (2), provided: 

(A) such untrained worker works under the supervision of a worker who meets the training requirements of 

subdivision (2); and 

(B) the owner or operator keeps records of: 

(i) the date the worker was assigned to the activity; 

(ii) the date training was completed; and 

(iii) the name of the worker providing the supervision. 

(6) The owner or operator shall keep records of the training program. The records shall consist of the 

following: 

(A) The date training was completed. 

(B) A list of workers by name and worker activities listed in subdivision (3) in which each worker has been 

trained. 

(C) A .statement signed by the person providing the training certifying that the worker completed training and 

is proficient in the activities listed in subdivision (3) in which the worker will be engaged. 

(Air Pollution Control Division; 326 ·lAC 8-12-4: filed Apr 1, 1996, 10:00 a:m.: 191R 1753; filed Jw?· 15, 2001, 12:08 

p.m.: 241R 3613) 

Notice of Public Hearing 

Posted: 10129/2014 by Legislative Services Agency 

An html version of this document. 

Date: Jun 19,201510:55:11AM EDT DIN: 20141029-IR-326140441FDA Page 5 
( ( 

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Michael R. Pence 

Govemor 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov 

December 2, 2014 

CERTIFICATE OF PUBLICATION 

Thomas W. Easterly 

Commissioner 

This is to certify that the Indiana Department of Environmental Management (IDEM) Notice of 

Publi.c Hearings' for the Environmental Rules Board Meeting, 01/14/2015, regarding the 

following rulemaking actions: 

• Preliminary Adoption, Walsh & Kelly S02 Limits, LSA # 14-25 6 

• Preliminary Adoption, Shipbuilding & Ship Repair, ~SA #14-441 

• Prelimimiry Adoption, Particulate Matter Emission Limits, LSA #12-520 

• Preliminary Adoption, S02 Emission Limits, LSA #11-356 

was published on IDEM's web site on or before December 8, 2014. It will remain posted on the 

site until at least January 14, 2015. 

{ r · The notice in full may be found at the following web address, under the "Statewide" category. 

{I 

http:/ /www.in.gov/idem/6777 .htm 

Web publication of the notice was at the request of Christine Pedersen, Sectjon Chief, Rule 

Development Section, Office ofLygal Counsel, IDEM. 

Attachments: 

Copy of web page as published. 

By: 

Mike Finkelstein 

IDEM Webmaster 

An Equal Opportunity Employer 0 

A State that Works 

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Public Notices: Statewide 

This is the IDEM Pub fie NoticaSite notioas covering the entire State oflndiana This page is desfgned to provide 

public access to all agency state-wide public notices as required by statute or rule including: PCIIIlitting, 

rulemaking, meeting and bearing notices. ·Cfick highlighted links to view adr!itional information raate<f to the notice. 

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Legal Notice of Public Hearing· t • 

Under 40 CFR 51.102, notice is hereby given that the Environmental Rules Board (board) will 

hold a public hearing at its regtllarly scheduled meeting on Wednesday, January 14, 2015, for the 

air program rules listed in this notice. The meeting will. convene a~ 1:30 p.m. at the Indiana 

Government Center-South, Conference Room A, 302 West Washington Street, Indianapolis, 

Indiana. The purpose of the hearings is to receive public comments prior to board actions. All 

interested persons are invited and will be given a reasonable opportunity to· express their views 

concerning the proposed actions. 

Board documents may be viewed and downloaded from the Indiana Department of 

Environinental Management's Web site as ~arly as one week prior to the me·eting at 

http://www.in.gov/idem/4696.htm . 

• t 

Copies ofthe proposed air· program rules are also available to any person upon r~quest, may be 

viewed 6nline 'via• the· Internet fi:om ~ocallibra:des, a,nd are available for public inspeetion at the 

following locations: 

Indiana Departm~nt ofEnvironmtnital Management, Offiee of :Legal Counsel, Indiana 

Government Center..,North, l QO.North Senate .Avenue, 13th Floor, Indian~polis, Indiana 46204. 

Indiana :Oepartment of Environmental Management, Northwest Office, 3 3 0 .West US 

Highway30, Suites E and F, Valparaiso, IN 46385. · ' 

fudi:ana Department of :Environmental' Management, Northern Of:fice, Scite 450, 300 N. ., 

Michigan Street, So1,1.th Bend,' Indiana 46601. . . ', 

Indiana Department of Environmental Management, Southwest Office, 1120 North 

Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. " 

Indiana Department ofEnvironmental Management, Southeast Office, 840 West Sweet · 

Street, BrownstoWn; Indiana A 7220;'9557. 

Legislative Services Agency, Indiana Government Center-North, 100 North ~enate 

Avenue, Room N201, Indianapolis, Indiana 46204. 

The followitt@'>ailYprogi:amrules ate. noticed for hearing and action: 

Walsh and Kelly SOz Limits. LSA #14;.156. 

The purpose of this hearing is to receive public comment prior· to prel:iJ:ninary adoption of 

amendments.to 326 IAC 7,..41:1-21 concerning sulfur dioxide emission·limits to add anew · 

aggregate dzyer/bmner· at yY alsh and Kelly in Griffith, Indiana. This rule will be· submitted to the 

United States·Envitonmental Protection Agency as a revision to the State Implementation Plan 

required by the Clean Air Act. A copy of the most recently published version of this rule is 

available at: http://www.in.gov/idem/5679.htm. 

For additional information concerning this rule contact. Susan Bern at the Indiana 

Department of Environmental Management, Office of Legal Counsel, Indiana Government 

CenterNotth; 100:North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451.,6027 (ext. 

3-5697) (in Indiana), or sbem@idem.in.gov. ' 

Shipbuilding and Ship Repair. LSA #14-441.. 
The purpose of this hearing is to receive public comment prior to preliminarY' adoption of 

amendments to 326 lAC 8-12-4 concerning the revision of a yolatile organic compound content 

limit for antifoulant coatings to be consistent with the federal National Emission 

Standard for Hazardous Air Pollutants for Shipbuilding and Ship Repair. This rule will be 

submitted to the United States Environmental Protection Agency as a revision to the State 

Implementation Plan required by the Clean Air Act. A copy of the most recently published 

version of this ru1e is available at: http://www.in.gov/idem/5679.htm. 

For additional information concerning-this rule contact Susan Bern at the Indiana 

Department ofEnvironmental Management, Office of Legal Counsel, Indiana Government 

Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 

3-5697) (in Indiana), or sbem@idem.in.gov: 

Particulate Matter Emission Limits. LSA #12-520. . 

The purpose of this hearing is to receive public comment prior to preliminary adoption of 

amendments to 326 IAC 6.5 and 326 lAC 6.8 concerning particulate matter emission limits. 

This rulemaJdp.g proposes to update· information,· make corrections; and addres$ changes 

requested by sources, including modifications to Jupiter Alu_minum and Huhtamaki Foodservice·. 

This rule wilL be submitted to the United States Environmental Protection Agency as .a revision· 

to the State Implementation Plan required by the Clean Air Act. A: copy, o:Bthe mos1l recently 

published version oft4is rule:is available at: http://www'.in,gov/idem/5679.htm. 

For additional information concerning this. ru1e cont~ct Susan Bem at the Indiana. 

Department of Environmental Management, Office of. Legal Counsel; Indiana .Government 

Center North, 100 Nortlr Senate Avenue, Indianapolis at (317) 233-569? or. (800) 451;.6027 (ext. 

3-5697) (in Indiana), orsbem@idem.in.gov. · 

· SOz Emission Limits. LSA #11-356. 

The purpose of this heating is to receive public comment prior to preliminary adoption of 

amendments to 326 IAC 7 concerning the addition of sulfur dioxide emission limits, effective 

January 1, 2017, to address State Implementation Plan requirements for Marion, Morgan, Pike, 

and Vigo counties that have townships designated as nonattainment for the 1-hour standard. This 

rulemaking also proposes updating and conecting information, and removing units or sources 

that are no longer operating. This rule will be submitted to the United States Environmental 

Protection Agency as a revision to the State Implementation Plan required by the Clean Air Act. 

A copy of the most recently published version of this rule is available at:· 

http://www.in.gov/idem/5679.htm. . 

For additional information concerning this rule contact Susan Bern at the Indiana· 

Department ofEnvironmentalManagement, Office ofLegal Counsel, Indiana Government 

Center North~ 100 North Senate Avenue, Indianapolis a! (317) 233-5697 or (800) 451-6027 (ext. 

3-5697) (in Indiana), or sbem@idem.in.gov. · 

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

please submit statements in writing to the attendant designated to receive written'comments at· 

the public hearing. · 

A transcript of the hearings and all written submissions to the board at the public hearing 

shall be open to public inspection at the .Indiana Department of Environmental Management; 

! : 
I ! 

copies may be made available to any person upon payment of reproduction costs. Any person 

heard or represented at the hearings or requesting notice shall be given written notice of the 

actions of the board. 

Christine Pedersen, Chief 

Ru1es Development Section 

Office ofLegal Counsel 

****************************************************************************** 

Individuals requiring reasonable accommodations for participation in this event should contact 

·the Indiana Department of Environmental Management, Americans with Disabilities Act 

coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

100 N. Senate Avenue 

Indianapolis, IN 46204 

or call (317) 233-1785. Speech and hearing impaired callers may contact the agency via the 

Indiana ~elay Service at 1-800-743-3333. Please provide a minimum of 7'2 hours' notification. 
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov 

Michael R. Pence 

Governor 

Thomas W. Easterly 

Commissioner 

February 3, 2015 . 

CERTIFICATE OF PUBLICATION 

This is to certify that the Indiana Department of Environmental Management (IDEM) Notice of 

Public Hearings. for the Environmental Rules Board Meeting, 03/11/2015, regarding the 

following rulem~ng actions: 

• Final Adoption, Walsh & Kelly S02LiJ?its, LSA #14-256 

• Final Adoption, Shipbuilding & Ship Repair, LSA #14-441 

• Final Adoption, Particulate Matter Emission Limits, LSA #12-520 

• Preliminary Adoption, S02 Emission Limits, LSA #11-356 

was published on IDEM's web site on or before February 6, 2015. It will remain posted on the 

site until at least March 11, 2015. 

1 '. The notice in full may be found at the following web address, under the "Statewide" category. 

http://www.in.gov/idem/6777 .htm 

Web publication ofthe notice was. at the request of Christine Pedersen, Section Chief, Rule 

Development Section, Office ofLegal Counsel, IDEM .. 

Attachments: 

Copy of web page as published. 

An Equal Opportunity Employer 

By: 

Mike Finkelstein 

IDEM Webmaster 

0 

A State that Works 

- G) Recycled Paper 
tDEMHcme 

Ahoot 

e-SeFVlces Publi·c Non·ces: Statewide 

Featmed1opits 

News and Brents This is the IDEM Public Notille fer rrotiees cu.verln!Ji the entire State ·oflndiana This page is <l:esigned to provide 

Publlc Notices public access to all agency state-wide public no1Iicas as re![uired by statute or rule including: permitting, 

f crshee • rulemaking, meeting and hearing rrotices. Click highlighted links to view add"ilional inliarmation 'II!!Iated to the notice. 

a rs For public meetings oot requirin!Ji notices,.please·checkthe IDEM Calendar. 

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nctiee [)age. By to a region, you will be sent an e-mail or text message to yeur phone every time 

IDEM adds information to this r·egi0nal page. 11lis allows ynu to :stay eurrent on all posting and never miss a new 

posting. To :subscribe, dick on fhe :subscription link in the [eft hand column. 

Stl! 

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I. 

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I. 

Legal Notice of Public Hearing· . 

Under 40 CFR 51.102, notice is hereby given that the Environmental Rules Boal'd (board} will 

hold a public· hearing at its regul~ly scheduled meeting on Wednesday, March·ll, 2015, for the 

air :program rules listed in this notice. The meeting will convene at 1 :30-p.m. at the fudiana , . 

Gove~ent Center-South, Conference Room A, 302 West Washington Street, Indianapolis, 

fudiana. The purpose of the hearing$ is to receive pq.blic c;omments, prior to board actions. All 

interested ·persons are invited and will be given a reasonable opportunity to express their views 

concetning the proposed actions; 

Board documents may be viewed and downloaded from the. IndianJl: Department of . 

Environmental Management's Web site as early as one week prior to the meeting at 

http://www.in.gov/idem/4696.htm. · It 

Copies of the proposed air·program~es are also available to any person upon .request,. maybe. 

viewed nnline-via·tb.e·futemet-from locttllibraries, arid are available fot public inspectionattq,e 

folloWing locatiorts:o . : , . ·, . . : I • • , ·,, 

:·hi diana: :Depattm.ep.t of Environn'lental Management, Office ofi Legal.Gol.iusel,· fudian<=!; · 

, Government Cent~{,:tfodh;• lDONo:rth Sen,ate Avenue, 13th Floor-;<fudianapolisst fudian~ 46:204; : 

fudianaJDepartmeht of Environmental Management; Northwest Office, 330 ·west US·.· 

Highway30~ Suit~s.EandF,.Valparaiso~ IN 4638§; · · ~- ... ; · .· •: .~ . l· · •· 

. · · Ihdiru;taDeparttn'entofErivir6ninental Management, Northem Office, SUite 450, 300N. 

Michj.gari Street, South Bend, Indiana46601. · ~~- ... 1. !,:' · :: ,. 

Indian.a Department of Environmental Management, Southwest Office, 1120 North 

Vincennes Avenue, P.'O. Box 128, Petersburg, Indiana 47567-0128( .. ·· .. · . 

· ·. ·-I:rldianaiDep'artmento:fEnvironmental Management, Southeast Office, 820 West Sweet 

Stre-et, B±ownsto'Wn,t lndiana:47220-9557, : 

· ' Legislative·Seivice8.Agency, Indiana Gove~ent Center.:.Nmih, 100 No'lih Senate 

Avenue,.Room·N20l,.Ihdiana:polis; Indiana 46:204. , , · . . . 

'· ',· 

The following af.fptogram rules are noticed for hearing and action: 

Walsh and Kelly SOz Limits. LSA #14-256. 

The purpose of this hearing is to receive public _comment prior to fip.a.I a.¢tgptio:p. of · 

amendments-to 326 lAC 7'-4!1-21 conceming sulfur dioxide emission limits to add a new 

·aggregate dryer/burner1 at Walsh and Kelly in Giiffith, fudiana: This rule will be submitted to 

the Urtited Stat~s' Environmental Protection .Agency as a reyision to the State hbplementation 

Plan required by the Clea,n Air Act. A copy of the most recently-published version o£this :rul~ is 

available at: http://www.in.gov/idem/5679.htin. 

For additional information concerning this rule contact Susan Bern at the Indiana 

Depmiment of' Environmental. Management, Office of Legal Counsel, Indiana Government 

CenterNo1ih, 100 North Senate Avenue, Indianapolis at (317) 233-5697or (800) 451-6027 (ext. 

3-5697) (in Indiana), ~r sbem@idem.in.gov. 

Shipbuilding arid Ship Repair. LSA #14-441. 
The purpose of this hearing is .to receive public comment prior to final adoption of · 

amendments to 326 lAC 8-12-4 concerning the revision of a volatile organic compound content 

limit for antifoulant coatings to be consistent with the federal National'Emission 

Standard for Hazardous Air Pollutants for Shipbuilding and Ship Repair. This rule will be 

submitted to the United States Environmental Protection Agency as a revision to the State. 

Implementation Plan required by the Clean Air Act. A copy of the mdst recently published 

version of this rule is available at: http://www.in.gov/idem/5679.htm. 

For additional information concerning this rule contact Susan Bem at the Indiana 

Department of Environmental Management, Office of Legal Counsel, Indian!:\- Goverru.:nent 

Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-602T(ext. 

3-5697) (in Indiana), or sbem@idem.in.gov. 

.l! ,, ' 

Particulate Matter Emission Limits. LSA #12-520. 

The purpose of this hearing is to receive public comment prior to fmal adoption of 

amendments to 326 lAC 6.5 and 326 lAC 6.8 concerning pmiiculate matter emission limits. 

This ruleniaking proposes to update information, make correcti.ons, a:p.d addres~: Qhanges · · , 

requested by spurces~ inchidin'g modifications to Jupiter:Aluminum and HuhtamakiFo.odservi¢e. 

This rule will be submitted to the United States Environmental Protection Agency as a r~:visiou, 

to the State.Implem'eht~tioii· ~Ian, tetpiired J:?y the' Clean Air Act\ A cop"y1 of the: most-recently 

published~vefsion oftllls riileiis1available at: http\//www.in.gov/idem/56T9.htm ... · · ... ' . , · 

Fm'-'cidditional information concerningthis rule contact Susan Bem at·the-Indian~ 

Department of Environmental Management, Office of Legal Counsel; Indiana Govennn~nt 

Cehtet N onh, 100'N 01i:(Y Senate :A venue, Indianapolis at (317} 233:-5697. or (800) .451'-6027 (ext. 

3-5697) (in Indiana), or sbem@idem.ill.gov. · . j • 

!' 

SOz Emission Limits. LSA;#11-356. · 

The :(:h:itpose of this heai;ing is to receive. public comment prior to pnd@inary adoption of 

amendments to 326 lAC 7 concerning the addition of sulfur dioxide emission limits, effectiVt;} · 

January 1, 2017 ~ to address State Implementation Plan requirements for· Marion, Morgap., Pike, 

and Vigo counties,that have townships designated· as nonattainment fot the 1 :..hour stand~d.; This 

rulemaking also proposes updating and conecting information, and removing units oi: sources 

that are no longer operating. ·This nile will be submitted to the United States. Envirpnmental· : 

Protection Agency as a revision to the State Implementation Plan required by tlie Clean Air Act. 

A copy of the most recently published version of this rule is available at: · · · · : , · 

http:/ /WwW'.in.g'ov/idetn/661.9 ,htm,. 

For add~tional· illformatio:ri concerning this rlll.e contact Susan Bern at the Indiana 

Depmiment ofEnVironmental Management, Office of Legal Counsel, Indiana Government. 

Center North, ~100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 

3-5697) (in Indiana), or sbem@idem:in.gov. 

For these hearings, oral statements will be heard, but for the accuracy ofthe record, 

please submit statements in writing to the attendant designated to receive written comments at 

the public hearing. 

A transcript of the hearings and .all written submissions to the board at the public hem·ing 

shall be open to public inspection at the Indiana Depmiment of Environmental Ma1;1agetnent; 

( I 
\I copies may be made available to any person upon payment of reproduction costs. Any person 

heard or represented at the hearings or requesting notice shall be given written notice of the . 

actions of the board. 

Christine Pedersen, Chief 

Rules Development Section 

Office of Legal Counsel 

********************~********************************************************* 

Individuals requiring reasonable accommodations for pmiicipation in this event should contact 

the Indiana Department of Environmental Management, Americans with Disabilities Act 

coordinator at: 

Attn: ADA Coordinator 

Indiana Department ofEnvrronmental Management 

100 N. Senate Avenue 

Indianapolis, IN 46204 

or call (317) 233-1785. Speech and hearing imp~;~.ired callers may contact the agency via the 

Indiana Relay Service at 1-800-743-3333. Please provide a minimum of72 hours' notification. 
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BEFORE THE STATE OF INDIANA 

ENVIRONMENTAL RULES BOARD 

PUBLIC MEETING OF JANUARY 14 1 2015 

ORtGtNAL 

PR09EEDINGS 

before the Indiana Environmental Rules Boardr 

1 

Beverly Gardr Chairman 1 taken before mer Lindy L. 

Meyer 1 Jr. 1 a Notary Public in and for the State 

of Indiana 1 County of Shelby 1 at the Indiana 

Government Center South 1 Conference Center 1 

Room Ar 402 West Washington Street 1 Indianapolis/ 

Indiana 1 on Wednesday/ January 14, 2015 at 1:29 

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: 

Beverly Gard 1 Chairman 

Thomas R. Anderson 

Gary Powdrill 

Joanne Alexandrovich 

Kelly Carmichael 

Ken Rulon 

William Etzler 

Chris Horn 

Gail Boydston 

Calvin Davidson 

Mike Mettler 1 Proxy 1 Department of 

Health 

Cameron Clark 1 Director 1 Department of 

Natural Resources 

Pamela Fisher 1 Proxy 1 Indiana 'Economic 

Development Corporation 

David Bausman 1 Proxy 1 Lieutenant 

Governor 

Thomas W. Eas.terly (nonvoting) 

IDEM STAFF MEMBERS: 

Christine Pedersen 

Susan Bern 

Dan Watts 

Bruce·Palin 

Nancy King 

Janet Pittman 

Roger Letterman 

PUBLIC SPEAKERS: 

Josh Trenary 

Andrew Gilbert 

Bill Beranek 

Bowden Quinn 

Vince Griffin 

Andrew Berger 

Glenn Pratt 

Ralph Roper (via Dr. Beranek) 

David Wagner (via Dr. Beranek) 

Larry Kane 

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CHAIRMAN GARD: 

1:29 o'clock p.m. 

January 14, 2015 

Thank you. I will 

call the January 14th, 2015 meeting of the 

Indiana Environmental Rules Board to order. 

There is a quorum present. Let's go around the 

room as usual and introduce ourselves and what 

constituency you were appointed to represent. 

Kelly? 

MR. CARMICHAEL: Sure. Kelly 

Carmichael, utilities. 

MR. HORN: Chris Horn, labor. 

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MR. DAVIDSON: ,Calvin Davidson, solid 

waste. 

DR. ALEXANDROVICH: Joanne 

Alexandrovich, local government. 

MR. RULON: Ken Rulon, agriculture. 

MR. POWDRILL: Gary Powdrill, the 

general public. 

MR. ANDERSON: Tom Anderson, 

environmental. 

MR. ETZLER: Bill Etzler, small 

business. 
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1 CHAIRMAN GARD: Beverly Gard, general 

2 public. 

3 MS. BOYDSTON: Gail Boydston, 

4 manufacturing. 

5 MS. FISHER: Pam Fisher, proxy, 

6 Secretary of Commerce Victor Smith. 

7 MR. METTLER: Mike Mettler, proxy for 

8 the State Health Commissioner, Dr. Adams. 

9 MR. CLARK·: Cam Clark, Director for 

10 the Indiana Department of Natural Resources. 

11 MR. BAUSMAN: David Bausman, proxy 

12 for the Lieutenant Governor. 

13 COMM. EASTERLY: Tom Easterly, the 

14 Commissioner of IDEM, nonvoting. 

15 CHAIRMAN GARD: Thank you. 

16 The first order of business today is the 

17 approval of the summary of the November 12th, 

18 2014 Board meeting·. Are there any additions or 

19 corrections to the summary as distribtited? 

20 (No response.) 

21 CHAIRMAN GARD: Seeing n~ne, is there 

22 a motion to approve the minutes as distributed? 

23 MR. POWDRILL: So moved. 

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MR. CLARK: Aye . 

MR. METTLER: Aye. 

MR. DAVIDSON: Aye. 

MR. RULON: Aye. 

DR. ALEXANDROVICH: Aye. 

MR. CARMICHAEL: Aye. 

CHAIRMAN GARD: Aye. 

Opposed 1 nay. 

(No response.) 

CHAIRMAN GARD: 

preliminarily adopted. 

The rule is 

This is a 'public hearing before the 

37 

Environmental Rules Board concerning preliminary 

adoption of amendments·to rules ~t 326 IAC 8-12-4 

regarding Shipbuilding and Ship Repair. 

I will now introduce Exhibit C1 the draft 

rules 1 into the record of the hearing. 

Susan Bern. 

MS. BEM: Again 1 name is a .Susan Bem 1 

and I work in the Rules Development Branch. 

IDEM regulates volatile organic compound 1 

or VOC 1 emissions from surface coating operations. 

at shipbuilding and ship repair facilities in 
1 Article 8-12. The rule -- this rule was 

2 originally adopted in 1995 to address ozone 

3· nonattainment areas classified as moderate or 

4 above and is limited to facilities in Clark, 

5 Floyd, Lake and Porter Counties. 

6 This rulemaking was requested by the one 

7 affected source 1 Jeffboat 1 a barge manufacturer 

8 located in Clark County, to address the limited 

9 availability of antifoulant coatings. Section 

38 

10 4 (a) ( 1) (E) of the rule indicates that specialty 

11 coatings .not specifically listed shall not exceed 

12 a VOC content of 2.83 pounds per gallon. 

13 Antifoulant coabings are not specifically 

14 listed and are not ~- and are subject to the 

15 2.83-pounds-per-gallon limit. The· an.tifoulant 

16 coating that Jeffboat was using with a VOC 

17 content that meets the 2.83-pounds-per-gallon 

18 limit was.discontinued by the supplier and is no 

19 longer available. 

20 IDEM had adopted this limit in the 1995 

21 rule to meet Clean Air Act deadlines before the 

22 U.S. EPA had finalized the Control Technique 

23 Guidelines for this source category and before 

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the EPA finalized the National Emission Standard 

for Hazardous Air Pollutants, or NESHAP, for 

39 

shipbuilding. The CTG's are developed by EPA to · 

assist states in analyzing and determining 

reasonable available control tebhnology, or RACT, 

for sources located in ozone nonattainment areas. 

With this rulemaking, IDEM is proposing an 

antifoulant VOC content limit at 3.3 pounds per 

gallon, and this is con~istent with the limit 

that ended up in the final NESHAP and the final 

CTG that was issued by EPA after the original 

rule was adopted in 1996. 

There are two antifoulant coatings 

remaining on the market that meet the more 

stringent Indiana requirements in Article 8, but 

neither of these are appr6priate for Jeffboat. 

One is designed for yachts, not barges, and the 

other is cost prohibitive. 

A customer may request a specific 

manufacturer and coating system to be used on a 

barge. If Indiana sources cannot offer the same 

options as other manufacturers in other states, 

they may have to decline business or ~end the 
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barge to an outside independent shipyard in 

another state for surface coating. Suppliers do 

not go to the expense to test antifoulants with 

other suppliers' epoxy resins, and do not 

warranty their coating systems with oth~r 

suppliers' antifoulants. 

40 

The current limit in Article 8 is part of 

the Indiana State Implementation Plan, or SIP, 

and once this rulemaking is final, we'll submit 

it to EPA for SIP approval. 

The Department requ~sts that the Board 

preliminarily adopt the rule as presented. 

Any questions?· 

CHAIRMAN GARD: Any questions for 

Susan? 

DR. ALEXANDROVlCH: Can I just 

comment. 

CHAIRMAN GARD: Yes. 

DR. ALEXANDROVICH: on --

CHAIRMAN GARD: Certainly. 

DR. ALEXANDROVICH: -- something? In 

the proposed changes to the rule, some dates are 

kind of crossed out,_ and then there are some that 

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1 are left, II .. before January 1[st] ... 96." Is 

2 this the appropriate time to mention it? 

3 CHAIRMAN GARD: Do you want to 

4 address that, please? 

5 MS. BEM: Yes. 

6 DR. ALEXANDROVICH:. On page 3 and 4. 

7 MS. BEM: Yeah. The initial date in 

8 the rule was crossed out so that it didn't look 

9 like 1 now that we were changing the antifoulant 

10 coating limit from 2.83 to 3.3, that the 3.3 

11 limit always applied. So, it would.make ·the 

12 so it's -- in that initial section, Section 4i we 

13 crossed out the date, and, ·you know, that -- once \ 

14 these changes are effective, those are the limits 

15 that will apply from that date forward. 

16 DR. ALEXANDROVICH: Right. There are 

·17 still some dates that 

18 MS. BEM: Yeah. 

19 DR. ALEXANDROVICH: have not been 

20 crossed out, so I was wondering if that was just 

21 an oversight or if there was a reason for that. 

22 MS. BEM: And then some of the other 

23 dates, as we went through -- but we felt like we 
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should leave those dates in there because they 

were training program dates, and we wanted to 

make sure people knew there was a difference 

for -- when certain parts of the rule, you know, 

were applicable. 

DR. ALEXANDROVICH: Okay. 

42 

MS. BEM: So, we thought there was --

DR. ALEXANDROVICH: I gotcha. 

MS. BEM: -- a reason to keep those 

in this. 

(Discussion off the record.) 

/ MR. ETZLER: I honestly think in the 

realm of consistency, si~ce the 1996 date has 

passed, that ·the rule should state that you have 

to be in compliance, so I don't think elimination 

of ·the date creates a problem, because today you 

would have to have a ~raining program. So, I 

concur with the Doctor that -- I think those 

dates should be eliminated. 

MS. BEM: Okay. 

MR. ETZLER: I certainly would like 

you to look at that before we finally adopt the 

rule. 
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MS. BEM: Before final adoption, 

we 1 ll definitely go back ~nd take a look at that 

and give that some consideration. 

MR. ETZLER: Thank you. 

CHAIRMAN GARD: Yes, Cal. 

MR. DAVIDSON: If there becomes a --

if the second available antifoulant becomes 

unavailable, then they have to go to the more 

expensive product at some time in the future and 

shipbuilding just becomes more expensive, I 

- guess. Would ~e -- would it require another 

~evision, or have you looked at that other 

alternative? Would we have to do this again if 

they go to another product? 

MS. BEM: We --hopefully we wouldn 1 t 

have to do this again, since the limit that we 1 re 

putting in the rule, the 3.3 pounds per gallon, 

is the same limit that 1 s applicable in every 

other state because of the National Emission 

Standards for Hazardous- Air Pollutants, that 

there 1 s enough manufacturers out there. You 

know, since they 1 re not just having a supplier 

from one state, they 1 re supplying for all barge 
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manufacturers[ that hopefully -- you know[ it 

would cause a problem for all barge 

manufacturers[ not just the Indiana ones 1 so 

hopefully we ·wouldn't have ·to go back. It 

wouldn't be a problem in the future. 

MR. DAVIDSON: Thank you. 

CHAIRMAN GARD: Any other questions? 

(No response.) 

CHAIRMAN GARD: Thank you 1 Susan. 

MS. BEM: Thank yqu. 

CHAIRMAN GARD: We don't have any 

speaker cards. Is there anyone in the audience 

that would like to comment on this rulemaking? 

(No ri='sponse.) 

CHAIRMAN GARD: Seeing none 1 the 

hearing is concluded. The Board will now 

consider preliminary adoption of amendments to 

the Shipbuilding Rules at 326 IAC 8-12-4. Any 

Board discussion -- any more Board discussion? 

(No response.) 

CHAIRMAN GARD: Is there a motion 

to -- for preliminary adoption of the rule? 

MR. ANDERSON: So moved. 

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1 CHAIRMAN GARD: Is there a second? 

2 MR. DAVIDSON: Second. 

3 CHAIRMAN GARD: All in favor 1 say 

4 aye. 

5 MR. HORN: Aye. 

6 MS. FISHER: Aye. 

7 MS. BOYDSTON: Aye. 

8 MR. ETZLER:. Aye. 

9 MR. ANDERSON: Aye. 

10 MR. BAUSMAN: Aye. 

11 MR. POWDRILL: Aye. 

12 MR. CLARK: Aye. 

13 MR. METTLER: Aye. 

14 MR. DAVIDSON: Aye. 

15 MR. RULON: Aye. 

16 DR. ALEXANDROVICH: Aye. 

17 MR. CARMICHAEL: Aye. 

18 CHAIRMAN GARD: Aye. 

19 Opposedr nay. 

20 (No response.) 

21 CHAIRMAN GARD: The rule is 

22 preliminarily adopted. 

23 This is a ·public hearing before the 

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CHAIRMAN GARD: With a motion and a 

second, we are adjourned. 

Thereupon, the proceedings of 

January 14, 2015 were concluded 

at 3:·35 o'clock p.m. 

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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, January 14, 2015 in this matter and 

8 transcribed by me. 

9 

10 

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~ot~~~ V· # Lindy L. Meyer, Jr.~ 

12 Notary Public in and 

13 for the State of Indian0. 

14 

15 My Commission expires October 27, 2016, 

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Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Proposed Rule 

LSA Document #14-441 

DIGEST 

Amends 326 lAC 8-12-4 concerning antifoulant coatings used at shipbuilding and ship repair facilities. 

Effective 30 days after filing with the Publisher. 

HISTORY 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Second Notice of Comment 

Period: October 29, 2014, Indiana Register (DIN: 20141 029-IR-326140441 FDA). 

Notice of First Hearing: October 29, 2014, Indiana Register (DIN: 20141 029-IR-326140441 PHA). 

Date of First Hearing: January 14, 2015. 

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD 

IDEM requested public comment from October 29, 2014, through December 1, 2014, on IDEM's draft rule 

language. No comments were received during the second comment period. 

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING 

On January 14, 2015, the Environmental Rules Board (board) conducted the first public hearing/board 

meeting concerning the development of amendments to 326 lAC 8-12-4. No comments were made at the first 

hearing. 

326 lAC 8-12-4 

SECTION 1. 326 lAC 8-12-4 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 8-12-4 Volatile organic compound emissions limiting requirements 

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

Affected: IC 13-12 

Sec. 4. (a) On and after May 1, 1996, The owner or operator of a shipbuilding or ship repair facility subject to 

this rule shall comply with the following VOC emissions limiting requirements: 

( 1) Provisions applicable to specialty coatings are as follows: 

(A) Special marking coatings shall not exceed a VOC content of four and eight-hundredths (4.08) pounds 

per gallon. 

(B) Heat resistant and high-gloss coatings shall not exceed a VOC content of three and fifty-hundredths 

(3.50) pounds per gallon. 

(C) High-temperature coatings shall not exceed a VOC content of four and seventeen-hundredths ( 4.17) 

pounds per gallon. 

(D) Antifoulant coatings shall not exceed a VOC content of three and thirty-three hundredths (3.33) 

pounds per gallon. 

t91 (E) Weld-through (shop) preconstruction primers shall comply with subdivisions (3) through (5). 

fE-1 (F) Any other specialty coating shall not exceed a VOC content of two and eighty-three hundredths 

(2.83) pounds per gallon. 

(2) During application of any general use coating, VOC emissions shall be limited as follows: 

(A) The VOC content of any general use coating shall not exceed two and eighty-three hundredths (2.83) 

pounds per gallon, as applied. 

(B) From May 1 through September 30, no thinner shall be added to any general use coating. 

(3) During application of any weld-through (shop) preconstruction primer, VOC emissions shall be limited 

throughout the year as follows: 

(A) Waterbased weld-through (shop) preconstruction primer shall be used. 

(B) The VOC content of weld-through (shop) preconstruction primer, as applied, shall not exceed zero (0). 

(C) No cleaning material shall be used in the primer application facility. 

(D) No thinner shall be added to the weld-through (shop) preconstruction primer. 

(4) If the owner or operator of a shipbuilding or ship repair facility determines that a waterbased weld-through 

(shop) preconstruction primer can no longer be used due to an operational, performance, or availability 

constraint associated with the waterbased weld-through (shop) preconstruction primer, the source shall do the 

Date: Jun 19,2015 11 :08:02AM EDT DIN: 20150204-IR-326140441PRA Page 1 
Indiana Register 

following: 

(A) Notify the department within seven (7) days of discontinuing use of the waterbased weld-through (shop) 

preconstruction primer. 

(B) Submit to the department for approval a plan for an alternative control within sixty (60) days of 

discontinuance. The alternative control shall consist of one (1) of the following: 

(i) A waterbased weld-through (shop) preconstruction primer. 

(ii) A control system with a minimum overall VOC emissions reduction efficiency of ninety-five percent 

(95%) that is subject to each of the following requirements: 

(AA) The operation, maintenance, and testing requirements of 326 lAC 8-7-9. 

(BB) The monitoring, record keeping, and reporting requirements of 326 lAC 8-7-1 0. 

(C) Install the alternative control within nine (9) months of approval by the department of the plan required in 

clause (B). 

(5) During the time between the date when the owner or operator of the shipbuilding or ship repair facility 

discontinues the use of the waterbased preconstruction primer and the date when the alternative control is 

installed, the weld-through (shop) preconstruction primer used by the owner or operator of such shipbuilding or 

ship repair facility shall not exceed a VOC content of five and sixty-five hundredths (5.65) pounds per gallon or 

the VOC content for weld-through (shop) preconstruction primer prescribed by the U.S. EPA in a f.inal 

regulation establishing National Emissions Emission Standards for Shipbuilding and Ship Repair (Surface 

Coating), 40 CFR 63, Subpart II, whichever is lower. 

(b) On and after May 1, 1 996, A source subject to this rule shall comply with the following work practice 

standards: 

(1) Cleaning accessories, such as, but not limited to, paper, cloth, and rags that have been used for cleaning 

surfaces and equipment and that contain cleaning materials shall be stored in normally closed gasket sealed 

containers. 

(2) VOC-containing solvents and coatings shall be stored in normally closed sealed containers prior to use. 

Spent VOC-containing solvents and coatings shall be stored in normally closed gasket sealed containers. 

(3) Cleaning materials for cleaning spray equipment, including paint lines, shall not be used unless the 

equipment for collecting the cleaning materials and minimizing its evaporation to the atmosphere is used. 

(4) All handling and transfer of VOC-containing materials to and from containers, tanks, vats, drums, and 

piping systems shall be conducted in a manner that minimizes drips and spills, and any drips and spills shall 

be cleaned up promptly. 

(5) All containers, tanks, vats, drums, and piping systems shall be free of cracks, holes, and other defects and 

must be closed unless materials are being added to or removed from them. 

(c) The owner or operator of sources subject to this rule shall comply with the following training requirements: 

(1) On or before January 1, 1996, the owner or operator shall develop a written worker training program. The 

training program shall be included in the compliance plan required to be submitted to the department for 

review by section 7(b )(1) of this rule. 

(2) On or before May 1, 1996, all workers, including contractors, shall have completed a training program if 

they engage in any of the activities listed in subdivision (3). 

(3) The training program may include trail)ing provided by the manufacturer or supplier of coatings, cleaning 

materials, or the application equipment thereof, and shall include written procedures, hands-on demonstration, 

as appropriate, and certification by the trainer of the trainee's ability to perform the task, on the following 

activities: 

(A) Identification of appropriate coatings or cleaning materials. 

(B) Preparation of coatings or cleaning materials according to coating or cleaning material manufacturer, 

distributor, or owner or operator's recommendations. 

(C) Application of coatings or cleaning materials, or organic solvents using techniques that minimize their 

usage. 

(D) Procedures to clean spray guns to minimize evaporation of organic solvents to the atmosphere. 

(E) Work practice standards established in subsection (b). 

(F) Procedures to gather, record, monitor, and report data in accordance with section 7 of this rule. 

(4) Beginning in 1997, the owner or operator shall provide annual refresher training prior to May 1 to any 

worker performing one (1) or more of the activities listed in subdivision (3). Such training shall be appropriate 

to the job responsibilities of the worker. 

(5) Any worker may perform one (1) or more activities listed in subdivision (3), for not more than one hundred 

eighty (180) days, notwithstanding the requirement of subdivision (2), provided: 

(A) such untrained worker works under the supervision of a worker who meets the training requirements of 

subdivision (2); and 

Date: Jun 19,2015 11 :08:02AM EDT DIN: 20150204-IR-326140441PRA Page 2 
Indiana Register 

(B) the owner or operator keeps records of: 

(i) the date the worker was assigned to the activity; 

(ii) the date training was completed; and 

(iii) the name of the worker providing the supervision. 

(6) The owner or operator shall keep records of the training program. The records shall consist of the 

following: 

(A) The date training was completed. 

(B) A list of workers by name and worker activities listed in subdivision (3) in which each worker has been 

trained. 

(C) A statement signed by the person providing the training certifying that the worker completed training and 

is proficient in the activities listed in subdivision (3) in which the worker will be engaged. 

(Air Pollution Control Division; 3261AC 8-12-4; filed Apr 1, 1996, 10:00 a.m.: 191R 1753; filed Jun 15, 2001, 12:08 

p.m.: 241R 3613) 

Notice of Public Hearing 

Posted: 02/04/2015 by Legislative Services Agency 

An html version of this document. 

Date: Jun 19,2015 11 :08:02AM EDT DIN: 20150204-IR-326140441 PRA Page 3 
Indiana Register 

TITLE 326 AIR POLLUTION CONTROL DIVISION 

Notice of Public Hearing 

Notice of Public Hearing 

LSA Document #14-441 

Under IC 4-22-2-24. IC 13-14-B-6. and IC 13-14-9, notice is hereby given that on March 11, 2015, at 1:30 

p.m., at the Indiana Government Center South, 302 West Washington Street, Conference Center Room A, 

Indianapolis, Indiana, the Environmental Rules Board will hold a public hearing on amendments to 3261AC B-12-4 

concerning antifoulant coatings used at shipbuilding and ship repair facilities. 

The purpose of this hearing is to receive comments from the public prior to final adoption of these rules by 

the board. All interested persons are invited and will be given reasonable opportunity to express their views 

concerning the proposed amendments. Oral statements will be heard, but, for the accuracy of the record, all 

comments should be submitted in writing. 

Additional information regarding this action may be obtained from Susan Bem, Rules Development Branch, 

Office of Legal Counsel, (317) 233-5697 or (BOO) 451-6027 (in Indiana). 

Individuals requiring reasonable accommodations for participation in this event should contact the Indiana 

Department of Environmental Management, Americans with Disabilities Act coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

Indiana Government Center North 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

or call (317) 233-17B5 (V). Speech and hearing impaired callers may contact IDEM via the Indiana Relay Service 

(711) or (BOO) 743-3333. Please provide a minimum of 72 hours notification. 

Copies of these rules are now on file at the Rules Development Branch, Office of Legal Counsel, Indiana 

Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, 

Thirteenth Floor and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, 

Room N201, Indianapolis, Indiana and are open for public inspection. 

Nancy King, Chief 

Rules Development Branch 

Office of Legal Counsel 

Posted: 02/04/2015 by Legislative Services Agency 

An html version of this document. 

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INDIANA EWVIRONMENT~~ RULES BOARD 

INDIANA GOVERNMENT CEijTER SOUTH 

' 302 WEST WASHINGTO~ STRE$T 

INDIANAPOLIS, INDIANA 

MARCH 11, 20~5 - 1:30 P.M. 

MEMBERS PRESENT: 

Chair Beverly Gard-General Public 

ORIGINAL 

Vice Chair William Etzler-Small Business 

Ken Rulon-Agriculture 

·Gail Boydston~Manufacturing 

Tom R. Anderson-Environmental Interests 

Chris Horn~Labor 

Gary Powdrill-General Public 

Dr. Ted Niemiec-Medical 

Kelly Carmichael-Public Utilities 

Dr. Joanne Alexandrov~ch~Local Government ,· .. 

Calvin Davidson-Proxy ISDH 

Dayid Bausman, Pr<;>x-y Lt. Governor for ISDA 

Cameron Clark-Director of IDNR 

Pam Fisher-Proxy IEDC 

Carol Comer (nonvoting member)-IDEM 

16 The meeting was held on the 11th day of 

17 MARCH, 2015, at 1:30 p.m., at.the Indi~na Government 

18 Center South, Conference Room A, Indianapolis, 

19 Indiana, and reported by me, Marjorie A. Addington, 

20 Notary Public in and for the County. of Hamilton, 

21 State of Indiana, CM, CSR: KS. 

22 

23 

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25 

ACCURATE REPORTING OF INDIANA 

William F. Daniels Prop. RPR/CP CM 

12922 Br~ghton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 

:}. 
) 1 MADAM CHAIR GARD: It'S 1:30, ·so I think ( i 

2 we'll go ahead and ·call the E.nvironmental Rules Board 

3 to order, it's March the 11th, 2015. It looks like 

4 we have a quorum present. I'm going to go around, as· 

5 usual, and ask the Board members to give their name 

6 and who they represent. 

7 MS. COMER: Start with me? 

8 MADAM CHAIR GARD: Yes. 

Ms.·coMER: My name's Carol Comer, I'm Chief 

10 of Staff and I'm here representing IDEM on behalf of 

11 our Commissioner, Tom Easterly. 

12 MADAM CHAIR GARD: And Carol has just 

} 

,. 13. recently been n~~ed Chief of ·staff. 

( c 

She was head 'of 

14 the legal department before that, so welcome. 

15 MS. COMER: Thank you. 

16 DR. NIEMIEC: Ted Niemiec representing health 

17 care providers. 

18 MR. BAUSMAN: David Bausman, serve as proxy 

19 for Lieutenant Governor. 

20 MR. CLARK: Cam Clark here as the Director 

21 for the Department of Natural Resources. 

22 MR. CARMICHAEL: Kelly Carmichael 

23 representing public utilities. 

24 · MS. FISHER: Pam Fisher, proxy for Sec~etary 1 

25 of Commerce, Victor Smith. 
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1 , ~S. BOYDSTON: G~il ?oy¢ston representing 

2 industry. 

3 MADAM CHAIR GARD: Beverly Gard, gene~al 

4 public. 

5 MR. ETZLER: Bill Etzler, small business. 

6. 

7 

MR. ANDERSON: Tom Anderson, environmental. 

MR. POWDRILL: Gary Powdrill, general public. 

8 MR. RULON~ Ken Rulon, agriculture. 

9 DR. ALEXANDROVICH: Joanne Alexandrovich, 

10 local government. 

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MR. DAVIDSON: Calvin Davidson, solid waste. 

MR .. HORN: Chris .Horn, labor. 

MADAM CHAIR·GARD: Thank you all ve~y much . 

First order of business today is the approval of the 

summary of the January 14th, 2015 Board meeting. Are 

there any additions or corrections to the summary as 

it was presented to you? 

(No response.) 

MADAM CHAIR GARD: If not, is there a motion 

to approve the minutes as distributed? 

MR. RULON: So moved. 

MADAM CHAIR GARD: Is there a second? 

MR. ANDERSON: Second. 

MADAM CHAIR GARD: All in favor say "aye." 

(All .respond "aye".) 

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1 MADAM CHAIR GARD: Opposed "nay". 

2 (No response.) 

3 MADAM CHAIR GARD: The minutes are approved. 

4 IDEM reports. First order of business, Carol, you're 

5 up. 

6 MS. COMER: 1hank you. I just wanted to 

7 update the Board on s6me of the legislation that is 

8 oc6urring at the present. ·s~nate Bill 312 is now, of 

9 course{ in the House and it's the aboveground storage 

10 tank bill. As·you'ie prob~bly aware, it's no longer 

11 our bill, btit what'S h~ppening now is it exempts 

12 tanks that are already reported to another agency. I 

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.13 IDEM is· tasked with compilirig information from other 

14 entities and streamlining that information, and also 

15 it defines a critical zone of concern for water 

16 planning purpose~. 

17 For the Boar4's perspecti~e, under the bill 

18 as it currently stands, the Board will have to expand 

19 on what tanks should be included in the bill, what 

20 areas should be included-in the critical zone, and 

21 also create categories of hazards related to those 

22 tanks. 

23 So 311 is our oversight cost bill and that's 

24 moving forward, and also 350 is the omnibus bill andr 

25 there are several things related to IDEM in that 
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M~~ POWDRILL: Xes. 

MADAM CHAIR GARD: Mr. Anderson. 

MR. ANDERSON: Yes: 

MADAM CHAIR GARD: Mr. Etzler. 

MR. ETZLER: Yes. 

MADAM CHAIR GARD: Ms. Boydston. 

MS. BOYDSTON: Yes. 

MADAM CHAIR GARD: Mr. Davidson. 

MR. DAVIQSON: Yes. 

MADAM CHAIR GARD: Mr. Horn. 

MR. HORN.: Yes. 

MADAM CHAIR GARQ: Ms. Fisher. 

MS. FISHER: Yes. 

MADAM CHAIR GARD: Mr. Bausman. 

MR. BAUSMAN: Yes. 

MADAM CHAIR GARD: Mr. Clark. 

MR. CLARK: Yes. 

MADAM CH~IR GARD: Dr. Niem~ec. 

DR. NIEMIEC: Yes. 

MADAM CHAIR GARD: Did I forget anybody? The 

21 Chair votes aye. The rule is adopted 14 t6 zero. 

22 

23 

24 

Okay, this is a public hearing before the 

Environmental Rules Board of the State of Indiana 

concerning final adoption of amendments to rules at 

25 326 IAC 8-12-4 regarding shipbuilding and ship 
29 

1 repair. . I now introduce Exhibit B, the preliminarily, 1 

2 adopted rules with IDEM's suggestive changes 

3 incorporated into the record of the hearing. Susan, 

4 do you want to present the rule? 

5 MS. BEM: This rulemaking amends the volatile 

6 organic compobnd limit for ahtifoulant coatings from 

7 2.83 pounds.per gallon to 3.3 pounds per gallon in 

8 326 IAC 8-12, the shipbuilding and ship repair rule. 

9 The amended limit is consistent with the limit in the 

10 final NESHAP at 40 CFR 63, subpart double "i," Table 

11 2, and the CTG, EPA's Control Technique Guidelines, 

12 issued on August 27, 1996. 

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.. • 13 . There is one set of changes to this. rule 

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14 from preliminary adoption to what was proposed from 

15 the proposed rule. The four obsolete date references 

16 in·subsections Band C are being proposed for. 

17 deletion. Once again, this is also part of our 

18 Indiana State Implementation Plan and will be 

19 submitted to EPA for SIP approval once it's final and 

20 effective. The Department requests that the Board 

21 final adopt the rule as presented. Thank you. Any 

22 questions? 

23 MADAM CHAIR GARD: Any questions for Susan? 

24 (No response.) I . 

25 MADAM CHAIR GARD: Thank you. There are no 
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speaker cards. Is there anyone in the audience that 

wishes to comment on the rule? 

(No response.) 

MADAM CHAIR GARD: The hearing is concluded. 

The Board will now consider final adoption of 

amendments to the shipbuilding rules in 326 IAC 

8-12-4. Is there further Board discussion? 

. (No response.) 

30 

9 MADAM CHAIR GARD: Is there a m6tion to adopt 

10 IDEM'~ suggesti~e changes? 

11 MR. POWDRILL: Madam Chair, I do believe we 

12 need to adopt the changes as 

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MADAM ·cHAIR GARD: That's wpat we're 

MR .. POWDRILL: -- as a separate ..,-- as a 

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MADAM CHAIR GARD: That's what we're doing. 

MR. POWDRILL~ Okay, I'm sorry. 

MR. ETZLER: So moved. 

MR. RULON: Second. 

MADAM CHAIR GARD: All in favor say "aye". 

(All respond "aye".) 

MADAM CHAIR GARD: Opposed "nay". 

(No response.) 

MADAM CHAIR GARD: The changes are adopted. 

Is there a motion to finally adopt the rule as 
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amended? 

MR. ANDERSON: I move for final adoption. 

MADAM CHAIR GARD: Is there a second? 

MR. POWDRILL: Second. 

MADAM CHAIR GARD: Mr. Rulon. 

MR. RULON: Yes. 

MADAM CHAIR GARD: · Dr~ Alexandrovich. 

DR. ALEXANDROVICH: Yes. 

MADAM CHAIR GARD: Mr. Carmichael. 

MR~ CARMICHAEL: Yes. 

MADAM CHAIR GARD: Mr. Powdrill. 

~MR. POWDRILL: Yes. 

MADAM CHAIR GARD: Mr. Anderson. 

MR. ANDERSON: Yes~ 

MADAM CHAIR GARD: Mr. Etzler. 

MR. ETZLER: Yes. 

MADAM CHAIR GARD: Ms. Boydston. 

MS. BOYDSTON: Yes. 

MADAM CHAIR GARD: Mr. Davidson. 

MR.· PAVIDSON: Yes. 

MADAM CHAIR GARD: Mr. Horn. 

MR. HORN: Yes. 

MADAM CHAIR GARD: Ms. Fisher. 

MS. FISHER: Yes. 

MADAM CHAIR GARD: Mr. Bausman. 

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1 MR. BAUSMAN: Yes. 

2 MADAM CHAIR GARD: Mr. Clark. 

3 MR. CLARK: Yes. 

4 MADAM CHAIR GARD: Dr. Niemiec. 

5 DR. NIEMIEC: Yes. 

6 MADAM CHAIR GARD: The Chair votes aye. The 

7 rule is adopted 14 to.zero. 

8 This is a public hearing before the 

9 Environmental Rules Board of the State of Indiana I 

10 concerning final adoption of amendments to rules at 

11 326 IAC 6.5 and 6.8, particulate matter ·emission 

12 limits. I will now introdu·ce Exhibit c, the 

13 prelimfnarily adopted rules with IDEM's suggestive 

14 changes incorporated, into the record of the hearing. 

15 MS. BEM: This rulemaking amends source 

16 specific emission limits within Indiana's rules 

17 concerning particulate matter at 326 IAC 6.5 and 326 

18 IAC 6.8. There are two ch~nges since preliminary 

19 adoption. 

20 The source name at 326 IAC 6.5-5-2 in Howard 

21 County is now FCA US, formerly Chrysler Group, and 

22 the language at 326 IAC 6.8-2-32 was amended to make 

23 it clearer that the new limit is a total limit that 

24 applies to all the pulp dryers listed in the rule. 

25 Also the typo for the word "molded" was corrected, 
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1 (.No r~sponse.) 

2 MADAM CHAIR GARD: The motion passes and I 

3 will get to work on that and you all will be advised 

4 as to the makeup. 

5 Did anybody order supper? Open forum. Is 

6 t~ere. anybody that wishes to address the Board, at . ' . . 

7 your own ris~? 

8 (No response.) 

9 MADAM CHAIR GARD: Well, the next·meeting of 

10 the Environmental Rules Bo~rd has not been scheduled, 

11. ,but I believe it will ~e Wednesday, June the lOth or 

12 Wednesday, July the 8th, at 1:30 in this conference 

13 room, and you:will be notified as soon as ~hat date 

14. is ;determined. Is there a m~tion to adjourn?. 

15 DR. NIEMIEC: $o moved. 

16 MR. RULON: Second. 

17 MADAM CHAIR GARD: All in favor say "aye". 

18 (All respond "aye".) 

19 MADAM CHAIR G~RD: "Nay." 

20 (No response.) 

21 MADAM CHAIR GARD:-~-fie meeting is adjourned. 

22 (WHEREUPON, at 5:30p.m~, March 11, 2015, 

23 this hearing concluded for the day.) 

24 

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173 

1 CERTIFICATE ( 1. 

2 

3 STATE OF INDIANA 

ss: 

4 COUNTY OF HAMILTON 

5 

'6 I, Marjorie A. Addington, the undersigned Court 

Reporter and Notary Public residing and maintaining 

7 offices in the City of Carmel, Hamilton County, 

Indiana, do hereby certify: 

8 

9 

10 That I r~ported to the b~st of my ability in machine 

shorthand all of the words spoken by all parties in 

11 attendance during the course of the hearing; 

12 

13 

14 

15 

16 

17 

That I later reduced my shorthand notes into the 

foregoing typewritten transcript form, which 

typewritten transcript is a true record to the best 

of my ability of the hearing; 

That I am not a relative or employee or attorney or 

18 counsel of any of the parties, nor am I a relative or 

an employee of such attorney or counsel, and that I 

19 am not financially irit~rested in this action. 

20 

21 

22 

23 

24 

25 

IN WITNESS HERETO, I have affixed 

Not~rial Seal and subscribed my 

signature below this 21st day of 

MARCH, 2015. 

my 

~,6v 

Notary Public 

My 

County 

Commission 

of Residence: 

Expires 

Hamilton 

on: August 

~ali 22, 2~is 

' ' \ . 
07/2015 

Shipbuilding Antifoulant Coatings 110(1) Demonstration- SIP Submittal for 326 lAC 8-12-4 

1. Antifoulant VOC emissions 

A) Jeftboat 

2,580 gallons per year of antifoulant coatings (based on the maximum number of barges that require 

antifoulant coatings for two types of barges) 

2,580 gallons X 2.83 lbs VOC/gallon coating= 3.65 tons per year VOC 

B) VOC content limits in solids basis 

Current limit: 2.83 lbs VOC/gallon coating 

2.83 lbs VOC/gallon coating X 1/7.36lb VOC/gallon VOC = 0.38 gallon VOC/gallon coating 

1-0.38 gallon coating= 0.62 gallon solids/gallon coating 

2.83 lbs VOC/gallon coating I 0.62 gallon solids/gallon coating= 4.6 lbs VOC/gallon solids 

New limit: 3.33 lbs VOC/gallon coating 

3.33 X 1/7.36 = 0.45 gallon VOC/gallon coating 

1-0.45 gallon coating= 0.55 gallon solids/gallon coating 

3.33 I 0.55 = 6.08lbs VOC/gallon solids 

%difference: new limit is 32% higher than old limit 

C) Estimated increase in VOC emissions 

Increase in emissions= 3.65 X 32% = 1.17 tons VOC per year 

2. Offsets from Architectural and Maintenance (AIM) Coatings Rule at 326 lAC 8-14 

AIM Coatings offset were estimated as the difference between the Federal AIM rule and the OTC 

Model Rule and Wisconsin Traffic markings as found in LADCO (MWRPO) guidance "Source 

Category: Architectural and Industrial Maintenance Coatings". 

From Table 3 ofthe LADCO guidance 

Year Control Measure CE(%) 

2002 (Base) and 2003- Federal AIM rule: 

2008 Arch. Coatings Solvent-based 20 

Arch. Coatings Water-based 20 

Traffic Markings 20 

Industrial Maint. Coatings 20 

Special Purpose Coatings 20 

Page 1 of3 
07/2015 

2009-2018 Federal AIM rule plus OTC Model Rule & WI Traffic 

Markings Rule: 

Arch. Coatings All 38.8 

Arch. Coatings Solvent-based 49.8 

Arch. Coatings Water-based 20 

Traffic Markings 56.4 

Industrial Maint. Coatings 60.5 

Special Purpose Coatings 60.5 

Additional reductions due to OTC Model Rule 

County Tons/ Ton/ Total Federal Additional Reduction Offset 

Year SummDay Reduction AIM E F 

A B (AIM and Reduction 

OTC) D 

c 

(A/365)* 1.3 [(B*C)-(D*B)]/[B-(D*B)] B*E 

Clark Architectural 128.97 0.4594 0.388 0.2 0.24 0.108 

Clark Traffic 0.14 0.0005 0.564 0.2 0.46 0.0002 

Markings 

Clark Industrial 33.24 0.1184 0.605 0.2 0.51 0.060 

Maintenance 

Clark Special 3.53 0.0126 0.605 0.2 0.51 0.006 

Purpose 

Floyd Architectural 87.26 0.3108 0.388 0.2 0.24 0.073 

Floyd Traffic 0.08 0.0003 0.564 0.2 0.46 0.000 

Markings 

Floyd Industrial 22.49 0.0801 0.605 0.2 0.51 0.041 

Maintenance 

Floyd Special 2.39 0.0085 0.605 0.2 0.51 0.004 

Purpose 

0.292 

Notes: 

1) Emission estimates are based on 2011 NEI Version 1. 

2) Reductions and the summerday calculations are based on LADCO guidance "(Source Category: 

Architectural and Industrial Maintenance Coatings", 3/6/2006) available at 

http ://lad co. org/reports/ control/white-papers/ aim coatings. pdf. 

3) The reductions are extrapolated since the LADCO white paper uses a 2009 inventory year and 

offsets are based on 2011. 

4) AIM summerday calculations are based on average daily emissions using a multiplier of 1.3 using 

guidance from page 9 of the LAD CO white paper. Other guidance does not use a multiplier of 1.3 but 

Page 2 of3 
07/2015 

to be consistent with the LADCO white paper a 1.3 multiplier was used to calculate AIM ozone 

summer day emissions. 

3. Antifoulant VOC Emissions Compared to Available AIM Reductions 

1.17 tons per year= 0.004167 summerday estimate (ton/day) 

0.292 AIM reductions (tons/summerday) (T/Sd) 

0.0018 Credit for Stage II (T/Sd) (needed for Stage II offsets for 2014) 

0.290 (T/Sd) Remaining 2014 Credits 

Note: A multiplier of 1.3 was used to calculate summer day emissions for antifoulant coatings to be 

consistent with the multiplier used for AIM offsets. Jeffboat repmis that on an annual average they 

operate 6 days a week. IDEM does not have operating hours specific to the ozone season. 

Page 3 of3