IDEM

.~. Al , '

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

Mitchell E. Daniels Jr. 100 North Senate Avenue

Governor Indianapolis, Indiana 46204

(317) 232-8603

Thomas W. £as/erly Toll Free (800) 451-6027

Commissioner www.idem.IN.gov

April 15, 2011

Susan Hedman

Regional Administrator

U.S. EPA, Region 5

77 West Jackson Boulevard

Chicago, Illinois 60604

Re: State Implementation Plan Submittal for Indiana Regarding

326 lAC 1-3-4; National Ambient Air Quality Standards for

Nitrogen Dioxide and Sulfur Dioxide; LSA # I0-495(F)

Dear Ms. Hedman:

Pursuantto Section 110 ofthe 1990 Clean Air Act and Title 13 ofthe Indiana Code, the Indiana Department

of Environmental Management (IDEM) submits an amendment to the Indiana state implementation plan. This

amendment consists of amendments to 326 lAC 1-3-4 concerning the national ambient air quality standards (NAAQS)

for nitrogen dioxide and sulfur dioxide.

The rule revision amends 326 lAC 1-3-4 to incorporate sections ofthe rule published in the February 9,

2010, Federal Register, 75 FR 6531, to revise the primary NAAQS for nitrogen dioxide and to incorporate sections of

the rule published in the June 22, 20 I0, Federal Register, 75 FR 35592-35593, to revise the primary NAAQS for

sulfur dioxide. By incorporating the federal regulations to revise the primary NAAQS for nitrogen dioxide and sulfur

dioxide, this rulemaking helps to ensure that state rules are consistent with federal regulations.

The rule was final adopted on December 1,20 I0, by the Air Pollution Control Board. No comments were

received at the hearing. The rule was filed with the Publisher ofthe Indiana Register on February 9, 20 I I, and

became effective March 11,20 II. No modeling was necessary for this submittal.

Throughout the development of these amendments to the existing rule, 326 lAC 1-3-4, staff ofthe 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 these modifications of

Indiana's state implementation plan. If you have any questions regarding this submittal, please contact Scott Deloney,

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

Sincerely,

J(~ J3o.-v-~ Keith Baugues

Assistant Commissioner, Office of Air Quality

KBlcp

Attachments: SuppOiting Documents

cc: John Mooney, U.S. EPA Region 5 (wlenclosures)

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

Scott Deloney, IDEM (no enclosures)

Christine Pedersen, IDEM (no enclosures)

SIP file

I?ecycled Paper @ An Equal Opportunity Employer Please Recycle 0

Supporting Documents

Attachment A: Final rule. LSA Document #1O-495(F) as published in the Indiana

Register on March 9, 2011 (DIN: 20110309-IR-326100495FRA)

Attachment B: Signature Page

Attachment C: Section 8 Notice as published in the Indiana Register on August 18, 2010

(DIN: 20100818-IR-326100495FDA)

Attachment D: Publishers' Affidavits

Attachment E: Transcript ofPublic Hearing held on December 1,2010

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

TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule

LSA Document #10-495(F)

DIGEST

Amends 326 iAC 1-3-4 conceming the national ambient air quality standards for nitrogen dioxide and sulfur

dioxide. Effective 30 days after filing with the Publisher.

HISTORY

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8 and Draft Ruie: August 18, 2010,

Indiana Register (DIN: 20100818-IR-326100495FDA).

Notice of Public Hearing: August 18, 2010, Indiana Register (DiN: 20100818-IR-326100495PHA).

Change in Notice of Public Hearing: October 20,2010, Indiana Register (DIN:

20101 020-IR-3261 00495CHA).

Date of First Hearing: December 1, 2010.

326 lAC 1-3-4

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

326 lAC 1-3-4 Ambient air quality standards

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

Affected: IC 13-15; \k..:13-17

Sec. 4. (a) All measurements of air quality that are expressed as mass per unit volume, other than for the

particulate matter (PM ) standards contained in subsection (b)(8) and lead (Pb) standards contained in

subsection (b)(6), shalf-Be corrected to a reference temperature of twenty-five (25) degrees Celsius and a

reference pressure of seven hundred sixty (760) millimeters of mercury (one thousand thirteen and two-tenths

(1,013.2) millibars), as micrograms per cubic meter (~g/m3). Measurements of PM25' for purposes of comparison

to the standards contained in subsection (b)(8), and Pb, for purposes of comparison to the standards contained in

subsection (b)(6), shall be reported based on actual ambient air voiume measured at the actual ambient

temperature and pressure at the monitoring site during the measurement period.

(b) Ambient air quality standards are as follows:

(1) Sulfur oxides as sulfur dioxide (S02) requirements are as follows:

(A) For the primary slaAsares, tAe follawiAg values sAall repFeSeAt one (1) hour ambient air quality

standard, the maximum permissible ambient air quality kwe!lr. level shall be

H EigAly (89) ~g/FA:l-(tAFee AUASFedtAS (9.9a) parls peF FAillieA (pPFA)) aAAual aritAFAetis FAeaA Aet to be

eJ~eeeded iA a saleAdaF yeaF.

(ii) TAFee AUAdFed silay live (aGe) ~g/FA:l-(foUrleeA AUAdFedtAs (9.11) ppFA) FAaJ~iFAuFA tweAty fouF (21) AeuF

average sOAseAtratiaA Aat to be e"eeeded FAaFe tAaA eAse peF saleAdaF yeaF. TAe tweAty fouF (21) AOUF

averages sAall be deteFFAiAed fFeFA sussessive AeAe'leriappiAg tAFee (a) AOUF blasllo starliAg at FAidAigAt

easA saleAdaF day. seventy-five (75) parts per billion (ppb). The one (1) hour standard is attained

when the three (3) year average ofthe annual ninety-ninth percentile of the daily maximum one (1)

hour average concentration is less than or equal to seventy-five (75) ppb, as determined in

accordance with 40 CFR 50, Appendix T", added at 75 FR 35595-35597, and measured in the

ambient air as SO by a reference method based on 40 CFR 50, Appendix A", redesignated

Appendix A-2 at 7~ FR 35595 or Appendix A-1*, added at 75 FR 35593-35595, or an equivalent

method designated in accordance with 40 CFR 53", as amended at 75 FR 35597-35601.

(B) For the secondary staAdares, standard, the following value shall represent the maximum permissible

ambient oil' quality kwe!lr.level: one thousand three hundred (1 ,300) ~g/m3 (five-tenths (0.5) ppm)

maximum three (3) hour concentration not to be exceeded more than once per year. The three (3) hour

averages shall be determined from successive nonoverlapping three (3) hour blocks starting at midnight

each calendar day.

(C) S02 vaiues may be converted to ppm using the conversion factor two thousand six hundred twenty

(2,620) ~g/m3 =one (1) ppm.

(2) Totai suspended particulates (TSP) requirements are as follows:

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Indiana Register

(A) For primary standards, the foliowinU values shall represent the maximum permissible ambient air q;;;:;my

levels:

(i) Seventy-five (75) IJg/m3annuai geometric mean.

(ii) Two hundred sixty (2GO) IJg/m3 maximum twenty-four (24) hour average concentration not to be

exceeded more than one (1) day per year.

(S) For secondary standards, the following value shall represent maximum permissible ambient air quality

levels: one hundred fifty (150) IJg/m3 maximum twenty-four (24) hour average concentration not to be

exceeded more than one (1) day per year.

(3) Carbon monoxide (CO) requirements are as follows:

(A) For primary and secondary standards, the following values shall represent the maximum permissible

ambient air quality levels: .

(i) Ten (10) milligrams per cubic meter (mg/m3) (ten thousand (10,000) IJg/m3

) (nine (g) ppm) maximum

eight (8) hour avera:/le concentration not to be exceeded more than once per year.

(ii) Forty (40) mg/m (forty thousand (40,000) IJg/m3) (thirty-five (35) ppm) maximum one (1) hour averaue

concentration not to be exceeded more than once per year.

(S) CO values may be converted to ppm using the conversion factor one thousand one hundred forty-five

(1,145) IJg/m3=one (1) ppm.

(4) Ozone (03) requirements are as follows:

(A) For the one (1) hour ozone standards, the level of the one (1) hour primary and secondary ambient air

quality standards for ozone measured by a reference method based on 40 CFR 50, Appendix D* and

desi!JJ'ated in accordance with 40 CFR 53* is twelve-hundredths (0.12) ppm (two hundred thirty-five (235)

IJg/m ). The standard is attained when the expected number of days per calendar year with maximum hourly

average concentrations above twelve-hundredths (0.12) ppm (two hundred thirty-five (235) IJU/m3) is equal

to or less than one (1) as determined by 40 CFR 50, Appendix H*.

(S) For the eight (8) hour ozone standards, the:

(i) level of the eight (8) hour primary and secondary ambient air quality standards for ozone, measured by a

reference method based on 40 CFR 50, Appendix D* and designated in accordance with 40 CFR 53*, is

eight-hundredths (0.08) ppm, daily maximum eight (8) hour average; and

(ii) eight (8) hour primary and secondary ozone Hmbient air quality standards are met at an ambient air

quality monitoring site when the average of the annual fourth highest daily maximum eight (8) hour average

ozone concentration is less than or equal to eiuht-hundredths (0.08) ppm as determined inaccordanc~with ..

40 CFR 50, Appendix 1*.

(e) OJ values may be converted to ppm using the conversion factor one thousand nine hundred sixty-five·

(1,9Gb) IJg/m3 = 1.0 ppm. .

(5) Nitrogen dioxide (N02

) requirements are as follows: .'

(A) For the primary one (1) hour ambient air quality standard, the maximum permissible ambient air

quality level shall be one hundred (100) ppb, one (1) hour average concentration, measured in the

ambient air as N02

• The one (1) hour standard is attained when the three (3) year average of the

annual ninety-eigfith percentile of the daily maximum one (1) hour average concentration is less

than or equal to one hundred (100) ppb, as determined in accordance with 40 CFR 50, Appendix 5*,

added at 75 FR 6532-6534.

tAl (S) For primary and secondary standards, the follOWing value shall represent the maximum permissible

ambient air quality level: one hundred (100) IJg/m3 (fifty-three thousandths (0.053) ppm) annual arithmetic

mean concentration in a calendar year.

tB1 (C) N0lr values may be converted to ppm using the conversion factor one thousand eight hundred eighty

(1,880) IJg m3 = one (1) ppm.

(G) Pb: For primary and secondary standards, the follOWing value shall represent the maximum permissible

ambient air quality level: fifteen-hundredths (0.15) IJg/m3, arithmetic mean concentration over a thre.e (3)

month period. The standards are attained when the maximum arithmetic three (3) month mean concentration

for a three (3) year period is less than or equal to fifteenth-hundredths (0.15) IJg/m3, as determined in

accordance with 40 CFR 50, Appendix R* and measured in the ambient air as Pb by either:

(A) a reference method based on 40 CFR 50, Appendix G*, and designated in accordance with 40 CFR 53*;

or

(S) an equivalent method designated in accordance with 40 CFR 53*.

(7) PM10: For primary and secondary standards, the following values shall represent the maximum permissible

ambient air quality levels:

(A) Fifty (50) IJg/m3 annual arithmetic mean. The standards are attained when the expected annual

arithmetic mean concentration, as determined in accordance with 40 CFR 50, Appendix K*, is less than or

equal to fifty (50) IJg/m3.

(S) One hundred fifty (150) IJg/m3 maximum twenty-four (24) hour average concentration. The standards are

attained when the expected number of days per calendar year with a twenty-four (24) hour average

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Date: Mar 18.20113:21:59PM EDT DIN: 20110309-IR-326100495FRA Page 2
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• concentration above one hundred fifty (150) ~g/m3, as determined in accordance with 40 CFR 50, Appendix

K,* is equal to or less than one (1).

(8) PM25: For primary and secondary standards, the following values shall represent the maximum

permissiole ambient air quality levels:

(A) Fifteen (15) micrograms per cubic meter (~g/m3) annual arithmetic mean concentration. The standards

are attained when the annual arithmetic mean concentration is less than or equal to fifteen (15) ~g/m3, as

determined in accordance with 40 CFR 50, Appendix N* and measured in the ambient air as PM25 by

either: .

(i) a reference method based on 40 CFR 50, Appendix L*, and designated in accordance with 40 CFR 53*;

or

(ii) an equivalent method designated in accordance with 40 CFR 53*.

(B) Sixty-five (65) ~g/m3 twenty-four (24) hour average concentration. The standards are attained when the

ninety-eighth percentile twenty-four (24) hour concentration is less than or equal to sixty-five (65)

micrograms per cubic meter (~g/m3), as determined in accordance with 40 CFR 50, Appendix Nand

measured in the ambient air as PM 5 by either:

(i) a reference method based on 4tJ CFR 50, Appendix L*, and designated in accordance of 40 CFR 53*; or

(ii) an equivalent method designated in accordance with 40 CFR 53*.

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

Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the

Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North,

Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Board; 326 lAC 1-3-4: filed Mar 10, 1988, 1:20 p.m.: 11 IR 2378; filed Apr 13, 1988, 3:35

p.m.: 111R 3020; readopted filed Jan 10, 2001, 3:20 p.m.: 241R 1477; filed May 21,2002, 10:20 a.m.: 251R

3055; filed Mar 9, 2004, 3:45 p.m.: 27 IR 2224; filed Dec 20,2004, 2:15 p.m.: 281R 1471; filed Mar 6,2006,3:00

p.m.: 291R 2179; filed Sep 24,2010, 1:44 p.m.: 20101020-IR-326100127FRA: filed Feb 9,2011,10:29 a.m.:

20110309-IR-326100495FRA)

LSA Document#1 0-495(F)

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: 20100818-IR-326100495FDA

Hearing Held: December 1, 2010

Approved by Attorney General: January 20, 2011

Approved by Governor: February 4, 2011

Filed with Publisher: February 9,2011, 10:29 a.m.

Documents Incorporated by Reference: Primary National Ambient Air Quality Standards for Nitrogen Dioxide, 75

FR 6532 through 75 FR 6534, February 9, 2010; Primary National Ambient Air Quality Standards for Sulfur

Dioxide, 75 FR 35592, June 22,2010

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

OPPTA, MC 60-041GCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800)

988-7901, ctap@idem.in.gov

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

Ombudsman, MC 50-01 IGCN 1307, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386,

bbaughn@idem.in.gov

Posted: 0310912011 by Legislative Services Agency

An html version of this document.

Date: Mar 18.20113:21:59PM EDT DIN: 20110309-IR-326100495FRA Page 3
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Rule #:

Agency:

.Subject:

ADOPTED:

Rule Signature Page

LSA #IO-495(F) .

Air Pollution Control Board

Development of Amendments to Rules Concerning the National Ambient Air

Quality Standards for Nitrogen Dioxide and Sulfur Dioxide

By:

Jam i er, M.D.

Chairman

Air Pollution Control Board

APPROVED'.ftl.)....I,'~

By:

APPROVED:

By:

Mitchell

71A

E. Daniels,

0

Jr..

~~*-. - . -

Governor, State ofIndiana

ACCEPTED FOR FILING:

By:

TITLE 326 AIR POLLUTION CONTROL BOARD

LSA Document #1O-495(FR)

Filed with Publisher: February 9, 2011, 1O:29a.m.

. By: Rlw

Date:_f_l-_l-,-"_l.:-O_·--~

Date:

Date:_.2_/11_111__

Date: _
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Indiana Register

TITLE 326 AIR POLLUTION CONTROL BOARD

FINDINGS AND DETERMINATION OF THE COMMISSIONER

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

LSA Document #10-495

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING THE NATIONAL AMBIENT AIR QUALITY

STANDARDS FOR NITROGEN DIOXIDE AND SULFUR DIOXIDE

PURPOSE OF NOTICE

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

amendments to 326 lAC 1-3-4 concerning the national ambient air quality standards for nitrogen dioxide and

sulfur dioxide. IDEM is soliciting written comment on the draft rule language and will schedule a public hearing

before the Air Pollution Control Board (board) for consideration of adoption of these rules.

CITATIONS AFFECTED: 326 lAC 1-3-4.

AUTHORITY: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11.

STATUTORY REQUIREMENTS

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

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

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

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

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

hearing prior to adoption of the rule) remain under this procedure.

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

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

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

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

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

(1 ) the rule constitutes:

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

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

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

federal law or rule;

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

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

clarify the existing rule; and

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

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

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

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

and

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

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

BACKGROUND

The Clean Air Act requires the United States Environmental Protection Agency (U.S. EPA) to set primary and

secondary National Ambient Air Quality Standards (NAAQS) for the six common air pollutants considered harmful

to public health and the environment including lead, ground-level ozone, carbon monoxide, nitrogen dioxide,

sulfur dioxide, and particulate matter. For each of these pollutants, the Clean Air Act requires U.S. EPA to set the

health-based or "primary" standards at a level judged to be "requisite to protect the public health with an adequate

margin of safety" and establish secondary standards that are requisite to protect public welfare from "any known

or anticipated effects associated with the pollutant in the ambient air" including effects on crops, vegetation,

wildlife, buildings and national monuments, and visibility. The law requires U.S. EPA to review these standards

once every five years to determine whether revisions to the standards are appropriate. In 2010, U.S. EPA issued

a revised primary NAAQS for nitrogen dioxide in the February 9,2010, Federal Register pUblished at 75 FR 6474

and issued a revised primary NAAQS for sulfur dioxide in the June 22, 2010, Federal Register published at 75 FR

35520.

Nitrogen dioxide (N02

) belongs to a family of highly reactive gases called nitrogen oxides. These gases form

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Indiana Register

when fuel is burned at high temperatures and come principally from motor vehicle exhaust and stationary fuel

combustion sources such as electric utilities and industrial boilers. A suffocating, brownish gas, NOz is a strong

oxidizing agent that reacts in the air to form corrosive nitric acid, as well as toxic organic nitrates. It also plays a (

major role in the atmospheric reactions that produce ground-level ozone.

NO can irritate the lungs and lower resistance to respiratory infections such as influenza. Exposure to low

levels ofNO

z may cause increased bronchial reactivity and make young children more susceptible to respiratory

infections, wnile long-term exposure to high levels of NOz can lead to chronic bronchitis. Studies also show a

connection between short-term exposure and increased visits to emergency departments and hospital admissions

for respiratory illnesses, particularly in at-risk populations including children, the elderly, and asthmatics.

U.S. EPA first established standards for NOz in 1971, setting both a primary standard (to protect health) and

a secondary standard (to protect the public welfare) at 100 micrograms per cubic meter (53 parts per billion

(ppb)), averaged annually. This standard was reviewed by U.S. EPA in 1985 and 1996 and was retained. The

U.S. EPA has determined, based on new studies, that the 1971 primary annual average NOz standard of 53 ppb

alone is not sufficient to protect public health with an adequate margin of safety. Therefore, with the final rule

published in the February 9, 2010, Federal Register, U.S. EPA strengthened the NAAQS for NOz' to increase

protection of public health, by adding a new one-hour NOz standard at 100 ppb and retaining the annual average

NO

z

standard at a level of 53 ppb.

In addition to establishing an averaging time and level, U.S. EPA is also setting a new "form" for the standard.

The form is the air quality statistic used to determine if an area meets the standard. The form for the 1-hour NOz standard is the 3-year average of the 98th percentile of the annual distribution of daily maximum 1-hour average

concentrations.

This new standard will protect public health by limiting people's exposures to short-term peak concentrations

of NO , which primarily occur near major roads, and by limiting community-wide NO concentrations to levels

belowlhose that have been linked to respiratory-related emergency department visits and hospital admissions in

the United States. It is consistent with the recommendations of the majority of the Clean Air Scientific Advisory

Committee (CASAC). CASAC provides independent advice to the U.S. EPA on the relevant scientific and

technical information and on the standards. This action does not impact the secondary NOz standard, set to

protect public welfare, of an annual average standard of 53 ppb.

U.S. EPA is also establishing new ambient air monitoring and reporting requirements for NOz in order to

determine compliance with the new standard. In urban areas, monitors are required near major roads as well as

in other locations where maximum concentrations are expected. Additional monitors are required in large urban

areas to measure the highest concentrations of NOz that occur more broadly across communities. Working with (

the states, U.S. EPA will site a subset of monitors in locations to help protect communities that are susceptible

and vulnerable to NO -related health effects.

Sulfur dioxide (S6 ) is one of a group of highly reactive gases known as sulfur oxides. SO is the component

of greatest concern anJ is used as the indicator for the larger group of gaseous sulfur oxides. the largest sources

of SOz emissions are from fossil fuel combustion at power plants and other industrial facilities. Smaller sources of

SOz emissions include industrial processes, such as extracting metal from ore, and the burning of high sulfur

containing fuels by locomotives, large ships, and nonroad equipment.

Short-term exposure to SOz' ranging from five minutes to 24 hours, has been linked to an array of adverse

respiratory effects including narrowing of the airways which can cause difficulty breathing (bronchoconstriction)

and increased asthma symptoms. Studies have also shown a connection between short-term exposure and

increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk

populations including children, the elderly, and asthmatics.

U.S. EPA first established standards for SO in 1971, setting a 24-hour primary standard at 0.14 parts per

million (ppm) (140 ppb) and an annual average slandard at 0.03 ppm (30 ppb) to protect health. U.S. EPA also

set a 3-hour average secondary standard at 0.5 ppm (500 ppb) to protect public welfare. This standard was last

reviewed by U.S. EPA in 1996 and was retained. The U.S. EPA has determined, based on new studies, that the

1971 24-hour and annual primary standards are not sufficient to protect public health with an adequate margin of

safety. Therefore, with the final rule published in the June 22, 2010, Federal Register, U.S. EPA strengthened the

NAAQS for SOz by establishing a new 1-hour standard at a level of 75 ppb to reduce people's exposure to high

short-term (five minutes to 24 hours) concentrations of SOz. U.S. EPA is revoking the two existing primary

standards of 140 ppb evaluated over 24-hours and 30 ppb evaluated over an entire year because they will not

add additional public health protection given a 1-hour standard at 75 ppb.

U.S. EPA is also setting a new form for the standard. This new form is the 3-year average of the 99th

percentile of the annual distribution of daily maximum 1-hour average concentrations. U.S. EPA is also revising

the ambient air monitoring requirements for SOz. States will need to make adjustments to the existing monitoring

network in order to ensure that monitors meeting the network design regulations for the new 1-hour SOz standard

are sited and operational by January 1, 2013.

This new standard will protect public health by reducing hospital admissions, emergency room visits, work .

days lost due to illness, and cases of aggravated asthma and chronic bronchitis, among other benefits. It is (

Date: Dec 29,2010 1:40:08PM EST DIN: Z0100818-IR-3Z6100495FDA PageZ
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consistent with the advice and recommendations of CASAC. This action does not impact the secondary SOz

standard, set to protect public welfare.

In this rulemaking, IDEM is proposing to amend 326 lAC 1-3-4 to incorporate sections of the rule published in

the February 9, 2010, Federal Register, 75 FR 6531, to revise the primary NMQS for NOz and to incorporate

sections of the rule published in the June 22, 2010, Federal Register, 75 FR 35592-35593, to revise the primary

NMQS for SOz. By incorporating the federal regulations to revise the primary NMQS for NOz and SOz' this

rulemaking helps to ensure that state rules are consistent with federal regulations.

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

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

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

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

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

Potential Fiscal Impact

Because this is an incorporation of existing federal law, no impact beyond that already

imposed by the federal law is imposed by this rulemaking. Therefore, there will be no fiscal impact from the

implementation of this rulemaking.

Public Participation and Workgroup Information

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

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

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

Small Business Assistance Information

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

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

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

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

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

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

For purposes of IC 4-22-2-28.1 , the Small Business Regulatory Coordinator for this rule is:

Alison Beumer

IDEM Compliance and Technical Assistance Program - OPPTA

MC 60-04 IGCS W041

100 North Senate Avenue

Indianapolis, IN 46204-2251

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

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is:

Ryan Asberry

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 232-8962

smallbizombudsman@iedc.in.gov

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

duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(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:

Brad Baughn

IDEM Small Business Assistance Program Ombudsman

MC 50-01 IGCN 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386

bbaughn@idem.in.gov

FINDINGS

The commissioner of IDEM has prepared findings regarding this rulemaking on the incorporation of federal

regulations that amends 326 lAC 1-3-4 concerning the national ambient air quality standards for nitrogen dioxide

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

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

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

Date: Dec 29,2010 1:40:08PM EST DIN: 20100818-IR-326100495FDA Page 3
Indiana Register

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

(3) The public will benefit from prompt adoption of this rule because it will ensure that state rules are

consistent with federal regulations. (

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

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

comment period and first public hearing.

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

Thomas W. Easterly

Commissioner

Indiana Department of Environmental Management

REQUEST FOR PUBLIC COMMENTS

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

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

#10-495(APCB) NO and SO NMQS

Manda Clevenger iJail Code 61-50

Rule and State Implementation Plan Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204

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

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

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

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

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

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or hand delivered by September 17, 2010.

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

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

DRAFT RULE

SECTION 1. 326 lAC 1-3-4, PROPOSED TO BE AMENDED AT 201 00317-IR-3261 00127FDA, SECTION 1,

IS AMENDED TO READ AS FOLLOWS:

326 lAC 1·3-4 Ambient air quality standards

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

Affected: IC 13·15; IC 13·17

Sec. 4. (a) All measurements of air quality that are expressed as mass per unit volume, other than for the

particulate matter (PM ) standards contained in subsection (b)(8) and lead (Pb) standards contained in

subsection (b)(6), sha~'5e corrected to a reference temperature of twenty-five (25) degrees Celsius and a

reference pressure of seven hundred sixty (760) millimeters of mercury (one thousand thirteen and two-tenths

(1,013.2) millibars), as micrograms per cubic meter (~g/m\ Measurements of PM2S' for purposes of comparison

to the standards contained in subsection (b)(8), and Pb, for purposes of comparison to the standards contained in

subsection (b)(6), shall be reported based on actual ambient air volume measured at the actual ambient

temperature and pressure at the monitoring site during the measurement period.

(b) Ambient air quality standards are as follows:

(1) Sulfur oxides as sulfur dioxide (S02) requirements are as follows:

(A) For the primary slaAsaFss, IAe feliewiA§ val~es sAali Fe~FSseAI one (1) hour ambient air quality

standard, the maximum permissible ambient air quality levels; level shall be

(i) Ei§Aly (89) ~§IFRa-(IAFee A~AsFesiAs (9.93) ~arts ~eF FRillioA (~~FR)) aAA~al aFilAFRetia FReaA Aollo Ile

enaeases iA a aaleAsaF yeaF.

(Ii) TAree A~AsFes sMy five (3fl§) ~§IFRa-(fe~rteeA A~AsFSsIAS (9.14) ~~FR) FRa,dFR~FR IweAty IO~F (24) AO~F ('

aveFa§e oOAoeAlFalioA Aollo Ilo olEaoesos FROFe IAaA OAae ~eF aaleAsaF yeaF. TAe IweAly 10m (24) AO~F

Date: Dec 29.2010 1:40:08PM EST DIN: 20100818-IR-326100495FDA Page 4
Indiana Register

aveFa§es sRall be determiAed Ifem sueeessive AeAeveFiappiA§ tRme (3) Reur bleel,s startiA§ at misAi§Rt

easR saleAsar say. seventy-five (75) parts per billion (ppb). The one (1) hour standard is attained

when the three (3) year average of the annual ninety-ninth percentile of the daily maximum one (1)

hour average concentration is less than or equal to seventy-five (75) ppb, as determined in

accordance with 40 CFR 50, Appendix 1*, added at 75 FR 35595-35597, and measured in the

ambient air as SO by a reference method based on 40 CFR 50, Appendix A*, redesignated

Appendix A-2 at 7~ FR 35595 or Appendix A-1*, added at 75 FR 35593-35595, or an equivalent

method designated in accordance with 40 CFR 53*, as amended at 75 FR 35597-35601.

(B) For the secondary slaAsards, standard, the following value shall represent the maximum permissibie

ambient air quality lev€ls+ level: one thousand three hundred (1,300) IJg/m3 (five-tenths (0.5) ppm)

maximum three (3) hour concentration not to be exceeded more than once per year. The three (3) hour

averages shall be determined from successive nonoverlapping three (3) hour blocks starting at midnight

each calendar day.

(C) S02 values may be converted to ppm using the conversion factor two thousand six hundred twenty

(2,620) IJg/m3 = one (1) ppm.

(2) Total suspended particulates (TSP) requirements are as follows:

(A) For primary standards, the following values shall represent the maximum permissible ambient air quality

levels:

(i) Seventy-five (75) IJg/m3 annual geometric mean,

(ii) Two hundred sixty (260) IJg/m3 maximum twenty-four (24) hour average concentration not to be

exceeded more than one (1) day per year.

(B) For secondary standards, the following value shall represent maximum permissible ambient air quality

levels: one hundred fifty (150) IJg/m3 maximum twenty-four (24) hour average concentration not to be

exceeded more than one (1) day per year,

(3) Carbon monoxide (CO) requirements are as follows:

(A) For primary and secondary standards, the following values shall represent the maximum permissible

ambient air quality levels:

(i) Ten (10) milligrams per cubic meter (mg/m3) (ten thousand (10,000) IJg/m3

) (nine (9) ppm) maximum

eight (8) hour averajle concentration not to be exceeded more than once per year.

(Ii) Forty (40) mg/m (forty thousand (40,000) IJg/m3

) (thirty-five (35) ppm) maximum one (1) hour average

concentration not to be exceeded more than once per year.

(B) CO values may be converted to ppm using the conversion factor one thousand one hundred forty-five

(1,145) IJg/m3 =one (1) ppm,

(4) Ozone (03) requirements are as follows:

(A) For the one (1) hour ozone standards, the level of the one (1) hour primary and secondary ambient air

quality standards for ozone measured by a reference method based on 40 CFR 50, Appendix D* and

desi~nated in accordance with 40 CFR 53* is twelve-hundredths (0.12) ppm (two hundred thirty-five (235)

IJg/m ), The standard is attained when the expected number of days per calendar year with maximum hourly

average concentrations above twelve-hundredths (0.12) ppm (two hundred thirty-five (235) IJg/m3

) is equal

to or less than one (1) as determined by 40 CFR 50, Appendix H*.

(B) For the eight (8) hour ozone standards, the:

(i) level of the eight (8) hour primary and secondary ambient air quality standards for ozone, measured by a

reference method based on 40 CFR 50, Appendix D* and designated in accordance with 40 CFR 53*, is

eight-hundredths (0,08) ppm, daily maximum eight (8) hour average; and

(Ii) eight (8) hour primary and secondary ozone ambient air quality standards are met at an ambient air

quality monitoring site when the average of the annual fourth highest daily maximum eight (8) hour average

ozone concentration is less than or equal to eight-hundredths (0.08) ppm as determined in accordance with

40 CFR 50, Appendix 1*.

(e) 02 values may be converted to ppm using the conversion factor one thousand nine hundred sixty-five

(1,960) IJg/m3 = 1,0 ppm,

(5) Nitrogen dioxide (N02

) requirements are as follows:

(A) For the primary one (1) hour ambient air quality standard, the maximum permissible ambient air

quality level shall be one hundred (100) ppb, one (1) hour average concentration, measured in the

ambient air as NO., The one (1) hour standard is attained when the three (3) year average of the

annual ninety-eigfith percentile ofthe daily maximum one (1) hour average concentration is less

than or equal to one hundred (100) ppb, as determined in accordance with 40 CFR 50, Appendix S*,

added at 75 FR 6532-6534,

tAt (B) For primary and secondary standards, the following value shall represent the maximum permissible

ambient air quality level: one hundred (100) IJg/m3 (fifty-three thousandths (0.053) ppm) annual arithmetic

mean concentration in a calendar year.

(B1 (C) N02 values may be converted to ppm using the conversion factor one thousand eight hundred eighty

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Indiana Register

(1 ,880) ~g/m3 - one (1) ppm.

(6) Pb: For primary and secondary standards, the following value shall represent the maximum permissible

ambient air quality level: fifteen-hundredths (0.15) ~g/m3, arithmetic mean concentration over a three (3) (

month period. The standards are attained when the maximum arithmetic three (3) month mean concentration

for a three (3) year period is less than or equal to fifteenth-hundredths (0.15) ~g/m3, as determined in

accordance with 40 CFR 50, Appendix Wand measured in the ambient air as Pb by either:

(A) a reference method based on 40 CFR 50, Appendix G*, and designated in accordance with 40 CFR 53*;

or

(8) an equivalent method designated in accordance with 40 CFR 53*.

(7) PM10: For primary and secondary standards, the following values shall represent the maximum permissible

ambient air quality levels:

(A) Fifty (50) ~g/m3 annual arithmetic mean. The standards are attained when the expected annual

arithmetic mean concentration, as determined in accordance with 40 CFR 50, Appendix K*, is less than or

equal to fifty (50) ~g/m3.

(8) One hundred fifty (150) ~g/m3 maximum twenty-four (24) hour average concentration. The standards are

attained when the expected number of days per calendar year with a twenty-four (24) hour average

concentration above one hundred fifty (150) ~g/m3, as determined in accordance with 40 CFR 50, Appendix

K,* is equal to or less than one (1).

(8) PM2

.5: For primary and secondary standards, the following values shall represent the maximum

permissltlle ambient air quality levels:

(A) Fifteen (15) micrograms per cubic meter (~g/m3) annual arithmetic mean concentration. The standards

are attained when the annual arithmetic mean concentration is less than or equal to fifteen (15) ~g/m3, as

determined in accordance with 40 CFR 50, Appendix N* and measured in the ambient air as PM25 by

either: .

(i) a reference method based on 40 CFR 50, Appendix L*, and designated in accordance with 40 CFR 53*;

or

(Ii) an equivalent method designated in accordance with 40 CFR 53*.

(8) Sixty-five (65) ~g/m3 twenty-four (24) hour average concentration. The standards are attained when the

ninety-eighth percentile twenty-four (24) hour concentration is less than or equal to sixty-five (65)

micrograms per cubic meter (~g/m3), as determined in accordance with 40 CFR 50, Appendix Nand

measured in the ambient air as PM 5 by either:

(i) a reference method based on 4b CFR 50, Appendix L*, and designated in accordance of 40 CFR 53*; or (

(Ii) an equivalent method designated in accordance with 40 CFR 53*.

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

Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the

Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North,

Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Board; 326 lAC 1-3-4: filed Mar 10, 1988, 1:20 p.m.: 11 IR 2378; filed Apr 13, 1988, 3:35

p.m.: 111R 3020; readopted filed Jan 10, 2001, 3:20 p.m.: 241R 1477; filed May 21,2002, 10:20 a.m.: 251R

3055; filed Mar 9, 2004, 3:45 p.m.: 27 IR 2224; filed Dec 20, 2004, 2:15 p.m.: 281R 1471; filed Mar 6, 2006, 3:00

p.m.: 29 IR 2179)

Notice of Public Hearing

Posted: 08/18/2010 by Legislative Services Agency

An html version of this document.

(

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-, . .Prescribed by State Board ofAccounts

XI16 Indiana Dept ofEnvironmental Mgmt

(Governmental Unit)

5534701

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

TO __-,E=cV"-A=-N",S-,-V1",L=L",E-=C-=O-=U-"R=IE=-R=&=-,-PR",E=S,,,S,,-__

ATTACH

copy OF

CLIPPING

HERE

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

PUBLISHER'S CLAI~~{Jj) LINE COUNT ,

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

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

advertisement is set) - number of equiValent lines, ' 332

Head - number of lines 0

Body - number of fines 332

Tail- number oHines 0

Total number of lines in notice 332

COMPUTATION OF CHARGES

166 lines, 2 columns wide equals

cents per line

Additional charges for notices containing rule or tabularWork

of above amount) "

Charge for extra proofs of publication ($1.00 for each prool,in'exCess

of two) "',

TOTAL AMOUNT OF CLAIM

DATA FOR COMPUTING COST " '

Width of single column in picas

Number of insertions -,,;-.,.',.-'-_-C

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

NstandcoJ;re<;l, that the amount,cIliimed is legally due, afterallowing all J~st credits, and that no part of the,same

hasbeen~d; ,

I also certify that the printed malterait~ched hereto is a true cOpY,oithe same column width and type size,

which was duly pUblished in said paper 1 times. '" The d~tes of pUblication being as M,lows:

Date 1111110

, October 20, 2010

TIlle

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Accounting Clerk

ATTACH COpy

OF ADVERTISEMENT

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EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN

Legal Notice of Public Hearing "li • 'j.1

Under 40 CFR 51.102 notice is hereby :-:\:f

given that the Indiana Air Pollution Con,~~

trol Board (board) will hold public hear~l'

logs at its regularly scheduled meetlng~ 1:-

onWedhesday. December 1, 2010. The!f~

meeting will convene at 1:00p.m. aUhe~.;j

Indiana Government Center-south. Co,f'l,'::,

terence Room C, 402 West Washington';:, Street, IndianaPQlis. Indiana. The pur- ~'",~

pose oHhe hearings is to receive pubbcc:l comments prior to the proposed ec: '; :"":~;

tions. All interested persons are lnvlted!£\\

apd will,be,given r~aspna~le oPpo~u'::'j~;< Oily to express tl'!elr views concernmg,] ;~.:,. the proposed actions.,:,.?,

Copies of the draft and proposed rUle'~'/~~' arE~ available to any person uROnre- ,'"i;;~

quest and are available for public in·' '. t'!!,

spectlon at the following locations: :"lP.,.,.".. Indiana D,epartment of Envirom:ne!1ta",.~)

Management, Office of Air Quality, In··f"~ diana Government Center-North; 100,-::;,:.,

North Senate Avenue, 10th floor-East. ".~-;~ winQ, 1r'!9ianapo!.is, Indiana 46204·. "', ".:.~

, Legtslaxlve Services Agency, IndIana, _''-'.' 'f.•• ' Government Center-North, 100 North.;..)}

Senate Avenue, Room N201,.lndianapo,:.. lis, Indiana 46204, . :;;,,~

Indiana Department of Environment~!yifx~ Management, Northwe.st l)ffice:, ~3~~tr~~, Louisiana Street, Mernllvllle, Indlana,dM!

46410. .'

Indiana Department of EnVlronmE:

Management, Northern Office, SUit

450,300 N. Michigan Street, South;

Bend. Indiana 46601, Indiana Department of Environme

Management. Southwest Office, 11

North Vincennes Avenue; P.O. Box

Petersbu!g,lndiana 47567-0128.

Indiana Department of Environme

Management, Southeast Office,

West"Sweet Street, Brown

diana 47220-9557.

Indianapolis Central libra

Clair Street. Indianapolis, Indiana

Hamm..ond Public Library, 564 Stat

Street, Hammond Indiana 45320,

Allen County Pubiic library, 900 ~i Plaza, Fort Wayne/Indiana 46802.

Evansville Vanderburgh Public lib

200 SE Martin Luther King Jr. Blvd

Evansville; Indiana 47713.

Board dOQuments may be viewed-' , " downloaded from the Indiana De ment of-Environmental Manageme Web site as early as one week: prior

the m~etinQ at " http://www.m.govlidernl4710.htm.

The following rules are noticed for

iog and action:

N02 an~ 502 Standards {LSA (#-10

The purpose of this hearing is to public comment on amendments

lAC 1-3-4 that is p'roposed for ad

by the board. This draft rule a the national ambient air quallt i dards for nitrogen dioxlde,(N021 a. sulfur dioxide (802). .,';

For additional information concer this rule contact Manda Clevenger Indiana Department of Environme

Management, Office of Air Quality; Room 1003, Indiana Government

North, 100 North Senate Avenue, In

dianapolis at (317) 232--8229 or I)

(800) 451-6027 (ext, 2-8229J{in India or mcleveng@idem.iQ,gov.

Greenhouse Gas Tailoring (LSA tl10· ,'. 505). The purpose of this hearing is to ;"

receive public comment on amend· ' ; ments to 326 lAC 2, concerning the pre~ ',',

vention of significant detf;!rioration andi ,::

11tle Vgreenhouse gas tailOring 'rule " ",:

that are proposed for adoption bY the ": :':i

board, This draft rule amends language;: in the permitting rules to ensure ,Qreen,;;':~.

house gases are regulatf?;d at the appro":",,,;

priate thresholds. "'~:: For additional information concerning.:: this rule contact Susan Bern at the In- ".

~:ri:~~~~t~~ ~rA\~08~f~~~" /'} Room 'Y003. Indiana Government Cent~l'}

North, 100 North Senate Avenue, In- . :~)

dianapolis at (317) 233·5697 or ,<:i'

(SOO) 451·6027 (ext. 3-5697}(in Indiana);--'~i

or sbe~@idem.in.gov. ;:,;,:!

Compliance Monitoring (lSA#05-330). '<::i:

The purPose of this hearing is to receive:~;.

public comment on amendments to 326(

lAC 3, concerning compliance monitor~";;'j

ing requirements that is proposed for ",;{:: prelimmary adoption by the board. The:'~;

draft rUle clarifies and updates complj· :',;: ance monitoring rule language and I

streamlines certain requirements. . ~~; for additionallOformation con.ooming , ;.,.' this rule contact Susan Bem'at the In-' , diana Inpartment of Environmental ..';

Management, Office of Air Quality, .<~l::

Room 1003: .Indiana Government Center,. North, 100 I'llorth Senate Avenue.ln~ ',':.

dianapolls at (317) 233-5697 or ,..~l,

(aOO) 451-6027 (ext. 3-5697}{in lndianat .' or sbem@idem.in.gov. -.;~;

Fo; these 'hearings, oral statelYlents \oV1!!~~ be heard, but for the accuracy of the "" record, please submit statements in ".' ,l)

writing to the attendant designated to.'W

receive written comments at the publicf.W hearing, , . >~$j

Atranscript of the hearings and all wri~: ten submissions to the board at the pti~ lie hearings sh<i11 be open to public in~ ~;~

spe9\iori at the Indiana Departme!:'t of':' ;1<:

EnVironmental Management; cORles ,:.:",,::t:

may be made available to any persqn' ';;,

upon payment of reproduction costs, : ;;, "" Any person heard or represented at ili~,'~~

heanng:.or requesting notice shall be . ',~;:,

given written notice of the action of the~t'

board, .Z

Christine Pedersen, Chief .-p;. Rule and State Implementation Plan D~~,;'

velopm~nt Sectlon "-"':'

Office ~f Air Quality . ",',~;,

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*******"** ' --I),

Indivl~uals requiril)g. rea,son.able.aeeo~~l

modatlo.ns for partiClp!'ltlon In thIS evem.::: should contact the Indiana Department;,] of Environmental ManaQement, , ,.' "':~;;

Americans with Disabilities Act coordF,;:}t nator af: ' "',!-f.,;,

Attn: ADA Coordinator. .·:·,'..f Indiana Department of Envlronmenta,';;;"

Management .',;,'"::

100 N. Senate Avenue '.',\¥, Indiana'r->olis.IN 46204 '. ,. or call (317)233~17a5. Speech and heat··~,

lng impaired callers may contact the ';";4

agency via the Indiana Relay Service at;T'

1-800-743-3333. Please prOVIde a mlnl~·.'~',

mum of 72, hours= notification. ' ... ;:0

(Courier & Press Oct 20, 2010) 'J;'\.'
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Prescribed by State Board of Accounts

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LINE COUNT

Display Master (Must not exceed two actual lin

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advertisement is set) -- number of equiQ:

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PUBLISHER'S CLAIM ..

COMPUTATION OF CHARGES

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

account is just and correct, that the amount claimed is legally due, after allowing all just credits,

and that no part of the same has been paid.

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

and type size, which was duly pUblished in said paper 1 times.

The dates of publication being as follows:

10/20/2010

.

T. Brown-Smith

~~&~ Date: October 20, 2010 Legal Clerk

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

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That It Is duly authenticated as required by law.

That il is based upon statutory autl'lOrlty.

correct

That it Is apparently

Incorrect

I ceftlfy thallhe within claim Is true aM correct; that the servo

Ices there In itemized aM for which charge Is made were ordered

by me and were necessary to the public business

--------,'-

~',
THE JOURNAL GAZETTE, FT. WAYNE,IN

legal Notice of PUblic Hearing

Und~r 40 CFR 51.1Q2 notice is here~

C

by gIVen that the IndIana Air Pollution ( on~rol Board. (board) will hold public heanflgs at Its regularly scheduled

meettng_on Wednesday. December 1

2010.1he meeting will convene ai

ee

1:OO p.m. at the Indiana Government nter~South, Conference Room C

402. West Washington Street. Indian:

apol!s, In~lana. The, purpos~ of the

heanngs IS to receIVe public com~

mer}ts prior to the proposed actions.

Atl IOtere~ted persons are invited and

Will be given reasonable opportunity to express their views concerning the proposed-actions.

Copies 91 the draft and proposed rules are available to any person UPQfl re~

Quest and are available for public inspection at the following locations:

M

lndiana Department of EnVironmental

d

.anagement, Office of Air Quality\'n. lana Government Center-North, 00

Nprth Senate Avenue. 10th floor-East

wing, Indianapolis, Indiana 46204.

Legislative Services AgencYb Indiana

Government Center-North 1 0 North

Senate Avenue, Room N201, Indianapolis, Indiana 46204.

Indiana Department of EnVironmental

Mal1agement. Northwest Office. 8380 k%~II6~a Street, Merrillville, Indiana

Indiana Department of Env/'ronmental

Mjin8\rement, Northern Of ice, Suite

450, 300 N. 'Michigan Street. South

Bend, Indiana 4660l.

Indiana Department of EnYironmental

Management. Southwest Ottice..... 1120

North Vincennes Avenue, P.u. Box

5f~8. ?etersburg, Indiana 47567-

Indiana Department of Environmental

Management Southeast Office 820

West Sweet Street, Brownstown: Indi- ana 47220-9557.

Indianapolis Central library, 40 East

St. Clair Street, Indianapolis, Indiana

p6204.

S

Hammond Public Library, 564 State

treet, Hammond, Indiana 46320.

Allen County Public library, 900 Ubr6arv. Plaza, Fort Wayne, Indiana

4 802.

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

BlVd., Evansvllle, Indiana 47713.

Board documents may be viewed and

downloaded from the Indiana Department 9f Environmental Management's Web slte,as early as one week prior to

the meetmg at

http://www.ln.gov/idem/4710.htm.

The following rules are noticed for

hearing and action:

N02 and S02 Standards (LSA #1Q495). The purpose of thfs hearing IS

to receive public comment on amendments to 326 lAC 1-3-4 that IS pro- posed for adoption by the board. This

draft rule amends the national ambient air Quality standards for nitrogen dioxide (NQ2) and sulfur diOXIde (S02). ,

. For .additional information concern· 109 thiS rule contact Manda Clevenger aflhe Indiana Department of Environmental Manag~ment. Office of Air

Quality. Room-l003 Indiana

Government Center North, 100 North

Senate Avenue, IndianapOlis at

(317)232·8229 or (800)451-6027 (ext.· 2-8229>On Indiana), or mcleveng@idem.in.go....

Greenhouse Gas Tailoring (LSA #10·

505). The purpose of thiS hearing is

to receIVe pUblic comment on amendments to 326 lAC 2, concerning the

pre...ention of significant deterioration

and Title V greenhouse gas tailoring rule that are proposed for adoption by the board. ThIS draft rule amends Ian·

guage in the permitting rules to en- sure greenhouse gases are regulated at the apP.fopriate thresholds.

FOr additional information concern- ing this rule contact Susan Bern at

the Indiana Department of Environmental Management, Office of Air

Qualitv, Room 1003, Indiana Government Center North, 100 North Senate

Avenue, Indianapolis at (317) 233-

5697 or (800)451-6027 (ext. 3-

5697)On Indiana>. or sbem@fdem.in.gov.

Compliance Monitoring (LSA#05· 330>. The purpose of this hearing is

to receive Qubllc comment on amendments to 326 lAC 3, concerninF: com- pliance monitoring requirements that

IS proPQsed for preliminary adoption by the board. The draft rule clarifies

and updates co:!'pliance monitoring rule ,language an streamlines certain

reQuirements.

For additional information concern- ing this rule contact Susan Bern at

the Indiana Department _9f Environmental Management, Ottice of Air

Quality, Room 1003.. Indiana Government Center North. 100 North Senate

Avenue, lndianawlis at (317) 233-

5697 or (800)451·6027 (ext. 3-

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

For these hearings, oral statements

will be heard\ but for the accuracy of

the recordl P ease submit statements

in writing 10 the attendant designated to receive written comments at the

public hearing. A transcrip~ of the hearings and all

written submIssions to the board at

the public' hearings shall be open to

pubhc inspection at the Indiana Department of Environmental Manage- ment; copies may be made available

to at1Y person upon payment of teprQ- duchon costs. Any person heard or represented at the hearing or request- iOg notice shall be given written no- tIce of the action of the board.

Christine Pedersen. Chief

Rule and State Implemen~ation Plan

Development Sectlon

********Pl~f~*2tfl~$1~~U\r******** Individuals reQ~iring reasonable ac· commodations for participation in this

event should contact the Indi.ana Department of Environmental Manage- mentl Americans with Disabilities Act

cooroinator at:

Attn: ADA Coordinator

Indiana Department of Environmental

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 pro· vide a minimum of 72 hours'" notification.

10-20 858813
(((
Prescribed by State Board of Accounts General Form No. 99P (Rev. 2009A)

LINE COUNT

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

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

advertisement is set) - number of equivalent lines

Head •• number of lines •••.•••••••••..••••..••••.••••••••••••.••••••••.

Body·· number of lines i·;.~:- ·

Tail·· number of lines ·'-'-'-'-'-'-'-'-'-.''-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-.''-'-'-'-'-'-.rt~:.-c i . "',' '.i··,f·j···· ,\ ..·· ···..···· Total number of lines in notice , •.••" ,.•.••••....,.." .

57. Lj/ $ .

$ :::o.::7..::Y[

;IF dD317 j'lf.:, Size of type 7.0 point.

601-45th Avenue. Munster. IN 46321

To: The Times Media Company

PUBLISHER'S CLAIM

...........!.Q.S!J4 . (Govemmental Unit)

Lake County, Indiana

DATA FOR COMPUTING COST

Width of single column in picas 9p4

Number of insertions 1

COMP\.jTA);iON OF CHARGES _

.lSe.<Aines• ....1..... columns wide equals l".'~·qUiValent lines at 35.4

centspertine .

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

of above amount) .

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

of two)

TOTAL AMOUNT OF CLAIM

IA

CH

CO<

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

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

has been paid.

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

~~ic~.~a~.d~ly. ~U.bl'.s~e.d.in O~z;I~e:.Tli:~s.0i(;;~b~i.n~.a.s.foll.O~S: .

Additionally. the statement checked below is true and correct:

...... Newspaper does not have a Web site.

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

the newspaper.

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

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

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Kate Stephen . w ·.· ··................

, . t.. 2J . '. ",@@VI1\tSSJ,,/ WI.1I€II

Date di!.f:l::!?cr.. '?Q!U Title: Legal Clerk
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IN FAVOR OF

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ON ACCOUNT OF AP?ROPRIATION FOR

The Times Media Company.

601 W. 45th Avenue. Munster. IN .~6321

Appropriation No. ~-'-~_

ALLOWED "<,.'

IN THE SUM OF$_

/~,

I have examined the within claim and hereby certify as

follows:

That il is in proper form.

That It is duly authenticated as required by law.

That it is based upon statutory authority.

correct

That it is apparently

incorrect

I certify that the within claim is true and correct: that the serv·

ices there In itemized and for which charge is made were ordered

by me and were necessary to the public business

.~
THE TIMES MEDIA COMPANY, MUNSTER, IN

legal Notice of Public Hearing &~

I Under 40 eFR 51.102 notice is':' I

hereby given that the Indiana Air

PollutIOn Control Board (board) will"?

hold public hearings at its regularly' Ischeduled meeting on WednesdaY,,:

I O~ember 1, 2010. The meeting; . wlll convene at 1:00 p.m. at the Indi-! .

ana Government Center.Souttl":\

Conference Room C, 402 Wesi/

\oYashington Street, Indianapolis, In-,;.',i

diana. The purpose of the hearings:~

, is to receive public comments priqf"

to the proposed actions. All inter- ,:~n

ested persons are invited and will

be given reasonable opportunity to

express their views concerning the·'

proposed actions. '

Copies of lh~ draft and propO$~~

rules are available to any pers"on

upon request and are avaifable.'f6r ! public inspection at the following 10-

eations:

I • Indiana Department of Environmental Management, Office of Air

Quality, Indiana Government "

Center·North, 100 North Senate Av·

enue, 10th floor·East wing. indianapolis, Indiana 46204.

! - Legislative Services Agency, Inc;:lk

: ana Govemment Center·North, 100J : North Senate Avenue, Room N201

Indianapolis, Indiana 46204. -', ';

Indiana Department of Environ· ' ,!

mental Management, Northwest Of~ , fice, 8380 Louisiana Street Merri.

IIville,lndiana 46410. '

- Indiana Department of Environ·

mental Management, Northern Office. Suite 450, 300 N. Michigan '

Street! South Bend, Indiana 46601.

• IndIana Department of Environ-,

mental Management, Southwest Of.

fice, 1120 North Vincennes Avenue,

P.O. Box 128, Petersburg Indiana

47567--0128. '

• Indiana Department of Environ-:"'"

mental Management, Southeast df· " fice, B20 "'!est Sweet Street, Brown·

stown, Indrana 47220-9557.• In·

dianap!=>lis Central Library, 40 Ea~t",

St Clarr Street, Indianapolis Indiana,;,

46204. ':~

r Hammond Public Library, 564+

State Street, Hammond, Indiana:

46320, i,~;'

Allen County Public Library, 9d'q;'

LIbrary Plaza, Fort Wayne, Indian<;\J' 46802. ".~

• Evansville Vanderburgh Public U?b

brary, 200 SE Martin Luther King Jrn

Blvd" EvanSVille, Indiana 47713. -~!

'"

ej, Board documents may be viewed·'

and downloaded from the Indialla~ Department of Environmenti,\!3

Management's Web site as early a:s~

one week prior to the meeting a!'~ b1tp:l1wlltw.in.gOJl/klernL4Z.1.. "•.

The following rules are noticed fot~,

hearing and action: ':~

N02 and S02 Standards (Lsd;'

#ltK95). The purpose of this hear~ , ;!',

ing is to receive public comment orF

amendments to 326 lAC 1·3·4 thatr

is proposed 'tor adoption by thfj1

board. This draft rule amends th"

national ambient air quality stand· ,fr;

ards for nitrogen dioxide (N02) and~ sulfur dioxide (002), ' ,,~,

For additional informatlqn concem~ :Jng this ru(e' contact Manda',

i.,Qlevenger at. the Indiana Depart- \,r. ,:, ment 6f EnVIronmental Manage· :'

"'ment, Office of Air Quality Roornt:,

1003, Indiana Government' Cente'~~

IlII1iiJiiiiiiI i!!! I ii lill1

North, '100 North Senate Avenue;'"

Indianapolis at (317) 232·8229 or,

(800) 451·6027 (ext 2-8229)(in In- ,' .. diana), or mcle~ng@idemin goy,>:.;.'

Greenhouse Gas Tailoring (L~Af'

#10-505). The purpose of this hear~' .,

ing is to receive public comment 6n '

amendments to 326 lAC 2, con·,,(

cerning the prevention of significaoHi

deterioration and Tille V greenhou~~l;I'

gas tailoring rule that are propos¢,~,:

for adoption by the board. TI:'j1~Y draft rule amends language in t~'a-(

permitting rules to ensure green- :t:':

house gases are regUlated at thE':l)

appropriate thresholds. "

For additional information concem~

i ing this rule contact Susan Bem at'

: the Indiana Department of Environ·,,';';,

mental Management, Office of Air"

Quality, Room 1003, Indiana Gov· .";'

emment Center North, 100 Norm'

Senate Avenue, Indianapolis at,:

(317) 233-5697 or (BOO) 451-6027:,:

(ext 3·5697)(in Indiana), or"

sbem@jdemingov. .

Compliance Monitorin~g..,

(LSAft05·330). 'The purpose of thrs~,:

hearing is to receive public com· ;':;'.

ment on amendments to 326 lAC 3:-,;

concerning compliance monitorin~:','

requirements that is proposed fori~

preliminary adoption by the board.',;

The draft rule clarifies and updates

compliance monitoring rule lan- ':;<\

guage and streamlines certain re·

qUirements.

For additional information concem~,j

ing this rule contact Susan Bern at

the Indiana Department of Environmental Management, Office of Air

Quality, Room 1003, Indiana Govemment Center North, 100 North,

Senate Avenue, Indianapolis at~

(317) 233·5697 or (BOO) 451-6027t

(ext. 3-5697)(in Indiana), or};

sham@irjem in gOY

For these hearings, oral statemen.~

will be heard, but for the accuracy ~f-;;:

the record, please submit state·',~:

roents in writing to the atlendant;~

designated to receive written com- "OJ,

meots at the public hearing. :~i

A transcript of the hearings and all:]

written submissions to the board at'

the public hearings shall be open .to':;

public inspection at the Indiana De·,' i

I partment of Environmental Manage-:;

I

ment; copies may be made availa-"

ble to any person Upon payment of;

I

reproduction costs. Any person."

heard or represented at the hearing;

or requesting notice shall be given';!.

written notice of the action of the.;;'!

board,"

Christine Pedersen, C .

Rule and State Implementation P

Development Se

Office of Air

Individuals requiring reasonable

commodations for participation

this event should contact the Indi,

ana Department of Environme

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 ao#-

hearing impaired callers may con- . ':

tact the a~ency via the Indiana Re~/

lay ServIce at H)OO·743-333:S~J::

Please provide a minimum of ,1g1 hours' notification. '(p

10/21 • 20347596 '~!f.;
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Prescribed by Slate Board of Accounts

...... LDErYl . (Governmental Unit)

CLARK County, Indiana

To:

THE EVENING NEWS

221 SPRING STREET

JEFFERSONVILLE. IN 47130

PUBLISHER'S CLAIM

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

...... ,Newspaper does not have a Web site.

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

the newspaper.

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

"~_.~••_~W__ ro.~•..~.~~..~.~....... .

Date ........../o..-!lJ1..Q __ "......,...... Legal Clerk

Additionally, the statement checked below is true and correct:

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

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

has been paid.

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

which was dUly pUblished in said paper ./ times. The dates of publication being as follows:

...........................................!J.~ ..c;f d...O.!() .

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LINE COUNT

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

advertisement is set) ~- number of equivalent lines

Head -- number of lines _

Body - number of lines _

Tail- number of lines _

Total number of lines in notice _

COMPUT!"PON OF CHARGES 0 dOy lines• ...J... columns wide equald....~quiValent lines at ,.,:).("Y() cents per line _

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

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

of two) _

TOTAL AMOUNT OF CLAIM

DATA FOR COMPUTING COST

Width of single column in picas .

Number of insertions .{ .

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A

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IN FAVOR OF

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ON ACCOUNT OF APPROPRIATION FOR

Appropriation No.

ALLOWEO

IN THE SUM OF $'_-,- _

'--/

I have examined the within claim and hereby certify as follows:

That it Is in proper form.

That it is duly authenticated as required by law.

That it is based upon statutory authority.

correct

That it is apparently

incorrect

I certify that the within claim is true and correct; that the sarvices there in itemized and for which charge is made were ordered

by me and were necessary to the public business

-------,-
CLARK COUNTY EVENING NEWS, JEFFERSONVILLE, IN

LEGAL NOTICE of

Public Hearing

Under 40 CFR 51.102

notice is hereby given

that the Indiana Air Pollution Control Board

(board) will hold public

hearings at its regularly

scheduled meeting on Wednesday, December

1,2010. The meeting will

convene al 1:00 p.m. at

the Indiana Government

Center-South, Conference Room C, 402 West

Washington Street, Indianapolis, Indiana. The

purpose of the hearings

is 10 receive public comments prior to the proposed actions. All interested persons are invited

and will be given reasonable opportunity to express theif views con- cerning the proposed actions. Copies of the draft

and proposed rules are available to any person

upon request and are

available tor public inspection at the following

locations: Indiana Depart~

ment of Environmental

Management, Office of

Air Quality, Indiana Gov·

ernment Center·North,

100 North Senate Ave·

nue, 10th floor-East wing,

Indianapolis, Indiana

4q;2P4, vLegislatlve Serv·

'-ices Agency, Indiana

Government Center·

North, 100 North Senate,

Avenue, Room N201, In·

dianapolis, Indiana

46204. Indiana Depart-'

ment of Environmental

Management, Northwest

Office, 8380 Louisiana

Street, Merrillville, Indi~

ana 46410. Indiana Department of Environmen~

tal Management, Northern Office, Suite 450, 300

N. Michigan Street, South

Bend, Indiana 46601. ln~

diana Department of En·

vironmental Manage~

menl, Southwc:;:t OHice,

1120 North Vincennes

Avenue, P.O. Box 128,

Petersburg, Indiana:

47567~0128. Indiana De·:

partment of Environmental Management, South·

east Office, 820 West

Sweet Street, Brownstown, Indiana 47220-

9557. Indianapolis Central Library, 40 East St.

Clair Street, Indianapolis,

Indiana 46204. Hammond Public Library, 564

State Street, Hammond,

Indiana 46320. Allen

Cdunty. Public Library,

900, library Plaza, FOn:

We.yne, :hdia":r.a 4080'2:'

Evansville Vanderburgh

Public Library, 200 SE

Martin Luther King Jr.

Blvd., Evansville, Indiana

47713. Board documents

may be viewed and

downloaded from the In~

diana Department of Environmental Manage~

ment's Web site as early

as one week prior to the

meeting at

htlp:llwww.in.govlidemf4

710.htm. The following

rules are noticed for

hearing and action: N02

and S02 Standards

(LSA #10-495)_ The purpose of this hearing is to

receive public comment

on amendments to 326

lAC 1-3~4 that is pro~

posed for adoption by

the board. This draft rule

amends the national am- bient air quality standards

for nitrogen dioxide

(N02) and sulfur dioxide

(S02). For additional information concerning this

, rule contact Manda Cle~

venger at the Indiana Department of Environmen~

tal Management, Office

of Air Quality, Room

1003, Indiana Government Center North, 100

North Senate Avenue, Indianapolis at (317) 232-

8229 or (800) 451--6027

(ext. 2~8229)(in Indiana),

ormcleveng@idem-in.gov

Greenhouse Gas Tanor~

iog (LSA #10-505). The

purpose ot this hearing is

to receive pUblic com~

ment on amendments to

328 lAC 2, concerning

the prevention of significant deterioration and Title V greenhouse gas tailoring rule that are pro~

posed 'fcir adoption by

the board. This draft rule

amends language in the '

permitting rules to ensure

greenhouse gases are

regulated al the appropriate thresholds. For additional information concerning this rule contact

Susan Bern at the Indiana Department of Envi~­

ronmental Management,

Office of Air Quality,

Room 1003, Indiana

Government Center

North, 100 North Senate

Avenue, Indianapolis at

(317) 233-5697 or (600)

451-6027 (ext. 3-5697)(in

Indiana), Or

sbem@idem.in.gov.

Compliance Monitoring

(LSA#05~330). The purpose of this hearing is to

receive, public comment

on amendments to 326

lAC 3, concerning compliance monitoring requirements that is pro~

posed for preliminary

adoption by the board.

The draft rule clarifies

and updates compliance

monitoring rule language

and streamlines certain

requirements. For additional information COncerning this rule contact

Susan 8em at the In'di· ana Department of Environmental Management,

Ofrice of Air Quality,

Room 1003, Indiana

Government Center

North, 100 North Senate

Avenue, Indianapolis at

(317) 233-5697 or (600)

451~6027 (ext. 3-5697)(io

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 writlen comments af the pUblic hearing. A transcript of the

hearings and all written

submis:.ions to the board

at the public hearings

shall be open to public inspection at the Indiana

Deoart01ent of Environ.

mental Management;

copies may be made

available to any person

upon payment of reproduction costs. Any per~

son heard or represented

at the hearing or request~

ing notice shall be given

written notice of the action of the board. Christine Pedersen, Chief

Rule and State Implementation Plan Development Section Office of Air

Quality Individuals requiring reasonable accom·

modations for participation in this event should

contact the Indiana. Departrrier.tt of Environmen·

tal Ma'nag,ement, Americans with Disabilities Act

coordinator at: Attn: ADA

Coordinator Indiana Department of Environmen~

tal 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

Relay Service at 1~800~

743~3333. Please provide

a minimum of 72 hours=

notification.
(, . \'

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(
Prescribed by State Board ofAccounts 80315-5726503 General Fonn No. 99P (Rev. 2009A)

INDDEPT OF ENVIRONMENTAL MANA

MARlON COUNTY, INDIANA

To: INDIANAPOLIS NEWSPAPERS

307 N PENNSYLVANIA ST - PO BOX 145

INDIANAPOLIS, IN 46206-0145

PUBLISHER'S CLAIM

LINE COUNT

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

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

advertisement is set). - number of equivalent lines

Head - Number oflines

Body - Number oflines

Tail - Number oflines

Total number oflines in notice

COMPUTATION OF CHARGES

126.0 lines 2.0 columns wide equals 252.0 equivalent lines at .446

cents per line

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

of above amount)

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

TOTAL AMOUNT OF CLAIM

$__-,1""12",,.3u. 9

.00

$,__-,1....,12"".3",,9

DATA FOR COMPUTING COST

Width ofsingle column 5.8 ems

Number ofinsertions 1.0

Size oftype 1

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

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

has been paid.

1also certify that \he printed matter attached hereto is a true copy, ofthe same column width and type size,

which was duly published in said paper 1 times. The dates ofpublication being between the dates of:

10/29/2010 and 10/29/2010

Additionally, the statement checked below is true and correct:

Newspaper does not have a Web site.

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

the newspaper

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

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

DATE: 10/29/2010 Title: Clerk
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN

(

(

LEGAL ADVERTISING

An invoice for this ad will be sent at the end of the month.

Please forward this ad to person resp<msible for payment.

AMOUNT $ \ \1.. .~9.

P

L

E

A

S

E

DATE \ 0 . 2 C

\ - \0

TO INSURE PROPER CREDIT

RETURN THIS FORM WITH REMITIANCE

THANK YOU

INDIANAPOLIS NEWSPAPERS

(
E

BEFORE THE STATE OF INDIANA

AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF DECEMBER 1, 2010

ORIGINAL

PROCEEDINGS

before the Indiana Air pollution Control Board,

Dr. James Miner, Chairman, taken before me,

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

the State of Indiana, County of Shelby, at the

Indiana Government Center South, Conference

Center, Room C, 402 West Washington Street,

Indianapolis, Indiana, on Wednesday, December 1,

2010 at 1:04 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:

Dr. James Miner, M.D., Chairman

Thomas Anderson

Randy Staley

Jeffery L. Quyle

Chris Horn

Dr. Phil Stevens

David Benshoof

Howard W. Cundiff, Proxy, State Board of

Health

John Bacone, Proxy, Department of

Natural Resources

Eric Levenhagen, Proxy, Indiana Economic

Development Corporation

IDEM STAFF MEMBERS:

Thomas W. Easterly, IDEM Commissioner

Keith Baugues, Asst. Commissioner

Scott Deloney

Chris Pedersen

Manda Clevenger

Ann Long

Susan Bern

Catherine Mitchell

PUBLIC SPEAKERS:

Ann McIver

Trevor Vance

Stan Pinegar

Patrick Bennett

Miriam Dant

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(Reporter sworn.)

(Dr. Miner arrived.)

MR. ANDERSON: Okay. The purpose of

this hearing is to give all interested persons an

opportunity to comment on the specific topic open

for hearing today. And I want for note that

Dr. Miner has joined us, and also, Mr. David

Benshoof has joined us also.

CHAIRMAN MINER: Tom, how are you?

MR. ANDERSON: Great. How are you?

CHAIRMAN MINER: Just fine.

MR. ANDERSON: We're just starting.

We're basically at the beginning of the

CHAIRMAN MINER: All right.

MR. ANDERSON:

the first rulemaking.

CHAIRMAN MINER:

tardiness.

-- public hearing on

I apologize for my

This is a public hearing before the Air

pollution Control Board of the State of Indiana

regarding adoption of amendments, 326 lAC 1-3-4,

Nitrous Oxide [sic] Sulfur Dioxide Standards.

And I will now introduce Exhibit No.1,
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dioxide.

Thank you, Chris.

CHAIRMAN MINER: All right.

of 53 parts per billion.

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Good afternoon. My

MR. DELONEY: Manda Clevenger.

MS. CLEVENGER:

Manda?

This new standard will protect public

On June 22nd, 2010, EPA strengthened the

On February 9th, 2010, EPA strengthened

wishes to speak to this rule?

Is there someone from the Department who

the draft rule, into the record of the hearing.

the National Ambient Air Quality Standards for

name is Manda Clevenger, and I'm a rule writer

nitrogen dioxide, to increase protection of

with OAQ's Rule and SIP Development Section.

public health, by adding a new one-hour nitrogen

health by limiting people's exposures to

short-term peak concentrations of nitrogen

NAAQS for sulfur dioxide by establishing a new

dioxide standard at 100 parts per billion and

retaining the annual average standard at a level

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1 one-hour standard at a level of 75 parts per

2 billion to reduce people's exposure to high

3 short-term concentrations of S02' EPA revoked the

4 two existing primary standards of 140 parts per

5 billion evaluated over 24 hours and 30 parts per

6 billion evaluated over an entire year because

7 they will not add additional public health

8 protection given the new one-hour standard at 75

9 parts per billion.

10 The S02 standard will protect public

11 health by reducing hospital admissions, emergency

12 room visits, workdays lost due to illness, and

13 cases of aggravated asthma and chronic

14 bronchitis.

15 In this rulemaking, IDEM is proposing to

16 amend 326 lAC 1-3-4 to incorporate the new

17 federal regulations that revise the primary NAAQS

18 for N0 2 and SO, to ensure that the state rules are

19 consistent with federal regulations.

20 The Department now requests that the Board

21 adopt the amendments to 326 lAC 1-3-4.

22 Thank you.

23 CHAIRMAN MINER: Thank you, Manda.
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Board action on adoption of amendments,

326 lAC 1-3-4, Nitrous Oxide [sic] Sulfur Dioxide (

time of staff?

MR. CUNDIFF: So moved.

time?

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I have a motion from

Seeing none, I would

Thank you.

Seeing none, this

We are now ready for

MR. CUNDIFF: Second.

Is there someone present who wishes

CHAIRMAN MINER:

CHAIRMAN MINER:

CHAIRMAN MINER:

CHAIRMAN MINER:

Does the Board have any questions at this

(No response.)

MR. QUYLE: SO moved.

I have not received any cards specific to

(No response.)

(No response.)

Are there any questions for Manda at this

this rule.

to speak at this time?

Rules.

hearing is now concluded.

Mr. Quyle.

entertain a motion for approval of adoption of

the rule.

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yes.

yes.

Mr. Cundiff?

MR. CUNDIFF: Yes.

CHAIRMAN MINER: Mr. Cundiff votes

Mr. Benshoof?

MR. BENSHOOF: Yes.

CHAIRMAN MINER: Mr. Benshoof votes

I will now do a roll-call vote.

CHAIRMAN MINER: And a second from

Mr. Cundiff.

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12 Program?

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MR. LEVENHAGEN: Yes.

CHAIRMAN MINER: I don't have your

15 name; I'm sorry.

MR. LEVENHAGEN: Eric Levenhagen.

(Laughter. )

CHAIRMAN MINER: Mr. Horn?

MR. HORN: Yes.

CHAIRMAN MINER: Mr. Horn votes yes.

Mr. Staley?

CHAIRMAN MINER: All right.

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write that down.

I'll

I know you're not Pamela.
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1 MR. STALEY: Aye.

2 CHAIRMAN MINER: Mr. Staley votes

3 yes.

yes.

Mr. Quyle?

MR. QUYLE: Aye.

CHAIRMAN MINER: Mr. Quyle votes yes.

Dr. Stevens?

DR. STEVENS: Yes.

CHAIRMAN MINER: Dr. Stevens votes

CHAIRMAN MINER:

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Mr. Bacone votes

MR. BACONE: Yes.

Mr. Bacone?

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It's a unanimous

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Mr. Anderson?

MR. ANDERSON: Aye.

CHAIRMAN MINER: Mr. Anderson votes

yes, and I vote yes as well.

decision.

The next item on our agenda is a public

hearing before the Air Pollution Control Board of

the State of Indiana regarding adoption of

amendments, 326 IAC-2, Greenhouse Gas Tailoring

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CERTIFICATE

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

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3 Court Reporter and Notary Public residing in the

4 City of Shelbyville, Shelby County, Indiana, do

5 hereby certify that the foregoing is a true and

6 correct transcript of the proceedings taken by me

7 on Wednesday, December 1, 2010 in this matter and

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transcribed by me.

Lindy

9~~~· L. Meyer, Jr.,

Notary Public in and

for the State of Indiana.

15 My Commission expires October 27, 2016.

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ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V)

I. The submittal is accompanied by a formal letter ofsubmittal

from the governor or his designee.

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

or body ofregulations; or issued the permit, order, 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 ofthe actual regulation or document submitted for

approval and incorporation by reference into the plan,

including the following:

a. Indication ofthe changes made to the existing

approved plan, where applicable.

b. The submittal shall be a copy ofthe official State

regulation or document signed, stamped, dated by

the appropriate state official indicatingthat it is fully

enforceable by the State. Effective date shall be stated

in the document itself.

5. Evidence that the State followed all ofthe procedural

requirements ofthe State's laws and constitution in

conducting and completing the adoption/issuance ofthe plan.

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

proof ofpublication.

_X_ Notice ofPublic Hearing and Publishers' Affidavits

7. Certification that public hearings were held in accordance

with information provided in public hearing notice.

_X_ Transcript from Public Hearing

8. Compilation ofpublic comments and State's response.

No public comments were received.

9. Technical support (ifsource specific rule change).

Attachment #

Enclosed

Attachment B

December I, 2010

March 11,2011

IC 13-14-8

Attachment A

Attachment B

Attachment D

Attachment E

N/A
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