## IDEM

'" A ,••• ti'.\{i' 

### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers andOurEnvironment. Mitchell E. 

### DanielsJr, 100 North Senate Avenue Governor Indianapolis, Indiana 46204 (317) 232-8603 

### Thomas W. 

### Easterly Toll Free (800) 451-6027 Commissioner www.idem.IN.gov



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

Dear Ms. Hedman: December 3, 2010



### Re: State Implementation Plan Submittal for Indiana Regarding the Greenhouse Gas Tailoring Rule (LSA #10-505); Request for Parallel Processing

Pursuant to Section 110 ofthe 1990 Clean Air Act and Title 13 ofthe Indiana Code, the Indiana Department ofEnvironmental Management (IDEM) submits an amendment to the Indiana state implementation plan (SIP). This SIP amendment consists ofamendments to Indiana's Prevention ofSignificant Deterioration (PSD) rules at 326 lAC 2-2-1 and 326 lAC 2-2-4 concerning the prevention ofsignificant deterioration and Title V greenhouse gas tailoring rule (LSA #10-505(F)). This rulemaking also amends 326 lAC 2-7-1 concerning Title V regulations for greenhouse gases. A request for Title V program approval ofchanges to 326 lAC 2-7-1 will be made in a separate letter.

An additional point ofclarification is that 326 lAC 2-2-1 was recently amended in another rulemaking (LSA #07-372) to add a definition of"replacement unit" and remove references to "clean unit" provisions that were vacated by federal courts some time ago. IDEM will be submitting portions ofthe permit fix-up rulemaking (LSA #07-372) as another amendment to the PSD rules in a separate request.

This rulemaking documentation is being forwarded to the U.S. EPA while the rules are being reviewed by the Indiana Attorney General, presented to the Governor for signature, and filed with the Legislative Services Agency (LSA). The rule was final adopted by the air pollution control board (APCB) on December 1,2010. When the rulemaking (LSA # I0-505) prints as a final rule in the Indiana Register, the SIP submittal will be supplemented with an addendum that includes the final rule as published, the signature page complete with all signatures, and a copy of the transcript from the public hearing.

In order to fill the gap between final adoption and the effective date ofthe rule an equivalent emergency rule was adopted by the board on November 3, 2010. The emergency rule will be effective January 3, 20 11, the date that IDEM plans to file the emergency rule with LSA. Emergency rules are effective for ninety (90) days from filing and can be readopted. The emergency rule also ensures that IDEM will have the necessary greenhouse gas tailoring provisions in place at the state level so that permits can be issued by IDEM with appropriate requirements included starting on January 3, 2011.

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## Ms. Susan Hedman Page 2 of2

In order to assist with your review ofthis state implementation plan submission, the following is a list ofthe supporting documents that are attached:
Supporting Documents

Attachment A: Final rule: LSA Document#10-505 as adopted by the APCB

Attachment B: Signature page signed by the chairmanofthe APCB

Attachment C: Publishers Affidavits

Attachment D: Response to comments from 30 day public commentperiod

AttachmentE: Emergency Rule as adopted by the APCB (IDEM plans to file with LSA on January 3, 2011)

Attachment F: Administrative Checklist (40 CFR 51, Appendix V)
Throughoutthe development ofthese amendments to the existing rule staffofthe Office of Air Quality worked closely with your staffto ensure that any potential problems that might exist with this requested SIP revision would be resolved. I requestthatthe United States Environmental Protection Agency approve these modifications ofIndiana's SIP. Ifyou have any questions regarding this submittal, please contact ScottDeloney, Air Programs Branch Chief, Office ofAir Quality at (317) 233-5694.
Sincerely,

# 8(b-<-<-<:~ Keith Baugues 

## 0 Assistant Commissioner, Office ofAir Quality

KB/sb Attachments: Supporting Documents

cc: John Mooney, U.S. EPA Region 5 (w/enclosures) Steve Rosenthal, U.S. EPA Region 5 (no enclosures) Sam Portanova, U.S. EPA Region 5 (no enclosures) Scott Deloney, IDEM (no enclosures) Christine Pedersen, IDEM (no enclosures) SIP file

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# ADrm #10-505 GHG Tailoring Rule

December I, 2010 326 

### AIR POLLUTION CONTROL BOARD

DRAFT RULE LSA Document #10-505

DIGEST

Amends 326 lAC 2 concerning the prevention ofsignificant deterioration and Title V greenhouse gas tailoring rule (75 FR 31514, June 3, 2010). Effective 30 days after filing with thePublisher.

HISTORY

Section 8Notice: September 1,2010, Indiana Register (DIN: 20100901-1R-326100505FDA). Notice ofHearing: September I, 20I 0, Indiana Register (DIN: 20] 00901 -I.R-3261 00505PHA). Change in Notice ofPublic Hearing: October 20, 2010, Indiana Register (DIM:**20JOI020-1~-3261** 00505CHA). Date ofHearing: December 

### I, 20I

### O.

326 lAC 2-2-1; 326 lAC 2-2-4; 326 lAC 2-7-1



### DRAFT RULE

SECTION 1.326 lAC 2-2-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 2-2-1 Definitions Anthority: IC 13-14-8; IC 13-17-3 Affected: IC 13-15; IC 13-17

Sec. I. (a) The definitions in this section apply throughout this rule.

(b) "Actual emissions" means the actual rate ofemissions ofa regulated new source review (NSR) pollutant from an emissions unit as detennined in accordance with the following: 0) In general, actual emissions as ofa particular date shaH equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive twenty-four (24) month period preceding the particular date and representative of Donnal source operation. The department shall allow the use of 'a different time period upon a determination that 

### it is more representative ofnormal source operation. Actual emissions shall 

## be calculated using th.e

. unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the

selected time period. (2) The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. (3) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. (4) The term shall not apply for calculating a significant emissions increase under section 2(d) ofthis rule or for establishing a PAL under326 lAC 2-2.4. Instead, subsections (e) and (pp) shall apply for those purposes.
(c) IlAdverse impact on visibilitytl means visibility impairment that interferes with the management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe federal Class I area as defined in section] 3 ofthis rule. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time ofvisibility impairment, and how these factors correlate with: (I) times ofvisitoruse ofthe federal Class I area; and (2) the frequency and timing ofnatural conditions that reduce visibility.

(d) "Allowable emissionstl means the emissions rate ofa stationary source calculated using the maximum rated capacity 

### IDrm #10-505 GHG Tailoring Rule

December 1,2010 

### ofthe source (unless asource is subject to enforceable permit limits that restrictthe operating rate orhours ofoperation, orboth) and the most stringent ofthe: (1) applicable standards as set forth in 40 CFR Part 60' and 40 CFR Part 61 *; 

### (2) SIP emissions limitation, includingthose with afuture compliance date; or (3) emissions rate specified as an enforceable permit condition, includingthose with afuture compliance date,

(e) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR 

### panutant, as 

### determined in accordance with the following: (1) Forany existing electric utility steam generating unit, the term means the average rate, in tons peryear, at which the unit actually emitted the pollutant during any consecutive twenty-four (24) month period selected by the owner or 

### operator within the five (5) year period immediately preceding when the own,er or operator begins actual construction ofthe project. The commissioner shall anow the use ofa different time period upon a determination that it is more representative ofnormal source operation. The baseline actual emissions shall be determined in accordange with'the following: (A) The average rate shall include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions to the extent they are affected by the project. (B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while 

### the source was operating above any emission limitation that was IegaHy enforceable during the consecutive twenty-four (24) month period. (C) For a regulated NSR pollutant, when a project involves multiple emissions units, only one (1) consecutive 

### twenty-four (24) month period may be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four (24) month period can be used for each regulated NSR pollutant. (D) The average rate shall notbe based on any consecutive twenty-four (24) month period for which there is

### ~~~~~~~~~~.~~~~_:~a~~~~l::~I~~~ for determining annual emissions, in tons per year, and for adjusting this ( (2) For an existing emissions unit other than an electric utility steam generating unit, the term means the average rate, in tons per year, at which the emissions unit actually emitted the peUutant during any consecutive twenty-four (24) month period selected by the owner or operator within the ten (10) year period immediately preceding either the date 

### the owner or operator begins actual construction ofthe project orthe date acomplete penn

### it 

### application is received by the department for apermit required by this rule, except thatthe ten (10) year period shall not include any period earlier than November 15, 1990. The baseline actual emissions shall be determined in accordance with the following: 

### (A) The average rate shall include fugitive emissions to the extent quantifiable and emissions associa!ed with start-ups, shutdowns, and malfunctions to the extent they are affected by the project. (B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while 

### the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four (24) month period. (C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an 

### emission limitation with which the major stationary source must currently comply had the major stationary

source been required to comply with the limitations during the consecutive twenty-four (24) month period. 

### However, jf

### an emission limitation is part ofamaximum achievable control technology standard that the U.S. EPA proposed or promulgated under 40 CFR Part 63*, the baseline actual emissions need only be adjusted if 

### the department has applied the emissions reductions to an attainment demonstration or maintenance plan ' consistent with the requirements of3261AC 2-3-3(b)(12). (D) For a regulated NSR pollutant, when a project involves multiple emissions units, only one (1) consecutive 

### twenty-four (24) month period may be used to determine·the baseline actual emissions for all the emissions units being changed. A different consecutive twenty-four (24) month period can be used for each regulated NSR pollutant. (E) The average rate shall not be based on any consecutive twenty-four (24) month period for which there is 

### inadequate information available for determining annual emissions, in tons per**year~** 

### and for adjusting this
amount ifrequired by clauses (B) and (C). 

### (3) For anew emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will 

### 2Drm #10-505 OHO Tailoring Rule

December 1,2010 result from the initial construction and operation ofthe unit shall equal zero (0) and thereafter, for all other purposes, shall equal the unit's potential to emit. (4) For a PAL for a stationary source, the baseline actual emissions shall be calculated as follows: (A) For an existing electric utility steam generating unit, in accordance with subdivision (1). (B) For an existing emissions unit except an existing electric utility steam generating unit, in accordance with subdivision (2). (C) For a new emissions unit, in accordance with subdivision (3).

(f) "Baseline area" means the following: (I) Any intrastate area (and every part thereof) designated as attainment or unclassifiable in accordance with 326 lAC 1-4 in which the major stationary source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than one (1) microgram per cubic meter (J.tg/m3) (annual average) ofthe pollutant for which the minor source baseline date is established. (2) Area redesignations under 326 lAC I-4 and Section 107(d)(I)(D) or 107(d)(1 )(E) ofthe CAA cannot intersect or be smallerthan the area ofimpact ofany major stationary source ormajormodification that: (A) establishes a minor source baseline date; or (B) is subject to 40 CFR Part 52.21* and this rule and would be constructed in the same state as the state proposing the redesignation. (3) Any baseline area established originally for the total suspended patticulate (TSP) increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PMlO increments, except that the baseline area shall not remain in effect ifthe U.S. EPA rescinds the corresponding minor source baseline date in accordance with 40 CFR PaJt52.2l(b)( 14)(iv)*

(g) "Baseline concentration" means that ambient concentration level that exists in the baseline area at the time ofthe applicable minor source baseline 'date. A baseline concentration is determined for e'ach pollutant for which a'minor source baseline date is established and shall include the following: (l) The actual emissions, as defined in subsection (b), representative ofsources in existence on the applicable minor

source baseline date except as provided in subdivision (3). (2) The allowable emissions ofmajor stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. (3) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase or increases: (A) Actual emissions, as defined in subsection (b), from any major stationary sours;e on which construction commenced after the major source baseline date. (B) lncreases and decreases of actual emissions, as defined in subsection (b), at any statfonary source

. occurring afterthe minor source baseline date.

(h) "Begin actual construction" means, in general, initiation ofphysical**on~site** construction activities on an emissions unit that are ofa pennanent nature. Such activities include, but are not limited to, the following: (I) Installation ofbuilding supports and foundations. (2) Laying underground pipework. (3) Construction ofpermanent storage structures. With respect to a change in method ofoperations, the term refers to those**on~site** activities otherthan preparatory activities that mark the initiation ofthe change.

(i) "Best available control technology" or lIBACT" means an emlSSlOns limitation, including a visible emISSIons standard, based on the maximum degree ofreduction for each regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification, that the commissioner, on a**case~by~case** basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for the source or, modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofthe pollutant. ln no event shall application ofBACT result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 CFR Part 60* and 40 CFR Part 61 

### *. 

### 3Drm#10-505 GHG Tailoring Rule

December 1,2010 Ifthe commissioner determines that technological or economic limitations on the applicationofmeasurement methodology to a particular emissions unit would make the imposition ofan emissions standard not feasible. a design. equipment, work practice, operational standard, or combination thereofmay be prescribed instead to satisry the requirements for the application ofBACT. The standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of the design, 

### equipment, workpractice, oroperation and shaH provide for compliance

### by meansthat achieve equivalent results.
(j) "Building, structure, facility, or installation" means all ofthe pollutant"emitting activities that belong to the same industrial grouping, are located on one (1) or more contiguous or adjacent properties, and are under the control ofthe same 

### person (orpersons undercommon control) except the activities ofany vessel.**PoHutant~emitting** 

### activities shall be considered as part ofthe same industrial grouping ifthey belong to the same major group, for example, that have the same first two (2) digit code, as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office)*.

(k) "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion;

orpostcombustion stage, at a new or existing facility that 

### will achieve significant reductions in air emissions ofsulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity or process steam that was not in widespread use as ofNovember 15,1990.

(I) "Clean coal technology demonstration projecttl means a project using funds -appropriated under the heading "Department of Energy-Clean Coal Technology", up to a total amount of two billion five hundred million dollars ($2,500,000,000) for commercial demonstration ofclean coal technology or similar projects funded through appropriations for the U.S. EPA. The federal contribution for a qualifying project shall be at least twenty percent (20%) ofthe total cost ofthe 

### demonstration proje'ct. '.-

(m) "Commence", as applied to construction ofa major stationary source or majqf modification, means that the owner


### oroperatorhas aH necessary preconstnJction approvals orpermits and eitherhas: (1) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source to be completed within

a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe source to be completed within a reasonable time.

(n) "Complete" means, in reference to an application for a permit, that the application contains all 'ofthe information necessary for processing the application, Designating an appJ,ication complete for purposes of permit processing does not predude the department from request,ing or accepting any additional infonnation.

(0) "ConstructionH means any physical change or change in the method ofoperation, including: (l) fabrication; (2) erection; (3) installation; (4) demolition; or (5) modification; ofan emissions unit, thatwould resultjn a change in emissions.

(p) "Continuous emissions monitoring system" or "CEMS" means all ofthe equipmentthat may be required to meetthe data acquisition and availability requirements ofthisrule to completethe following: (1) Sample emissions On a continuousbasis. (2) Ifapplicable, condition emissions. (3) Analyze emissions On a continuous basis. (4) Provide a record ofemissions on a continuous basis.

(q) "Continuous emissions rate monitoring system II or "CERMS" means the total equipment required for the 

### 4Drm #10-505 GHG Tailoring Rule

December I, 2010 

### determination and recording ofthe 

### pollutant mass emissions rate in terms ofmass 

### perunit oftime.


### (r) "Continuous parameter monitoring system!> or "CPMS" means all of the equipment necessary to meet the data 

### acquisition and availability requirements ofthis rule to: (I) monitor: 

### (A) process 

### and control device operational parameters; and (B) other information, such as gas flow rate, O 2

### orCO2 

### concentrations; and (2) record the average operational parameter value on acontinuous basis.

(5) 

### "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one_third (1/3) of its potential electric output capacity and more than twenty-five (25) megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the 

### purpose ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility.



### (t) "Emissions unit" means any part ofa stationary source that emits or would have the potential to emit any regulated NSR pollutant. Forpurposes ofthis rule, there are the following two (2) types ofemissions units: 

### (]) A new emissions unit is any emissions unit that is, or 

### will be, newly constructed and that has existed for less than two (2)years from the date the emissions unit first operated. 

### (2) An existing emissions unit is any emissions unit that does not meet the requirements in subdivision (l). 

### A replacement unit is an existing emissions unit.

(u) "Federal land 

### manager" means, with respect to any lands in the United States, the secretary ofthe 

### department with authority over the lands.

(v) "Federally enforceable" means all limitations and conditions that are enforceable by the U.S. EPA, including: (I) those requirements developed pursuant to 40 CFR Part 60* and 40 CFR Part 61 *; (2) requirements within the SIP; and (3) any permit requirements established pursuant to 40 CFR Part 52.21

## * or under regulations approved pursuant to 40 CFR Part 51, Subpart 1*, including operating permits issued under an EPA-approved program that is incorporated into 

### the SIP and expressly requires adherence to any permit issued under the program. ' (w) "Fugitive emissions" means those emissions that could not reasonably pass through astack, chimney, vent, or other functionally equivalentop"ening.

(x) "High terrain" means any area having an elevation nine hundred (900) feet or more above the base ofthe stack·ofa·



### source.
(y) "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the 

### jurisdiction ofthe United States and recognized by the United States as possessing power ofself-government.

(z) "Indian reservation" means any federally recognized reservation established by: (I) treaty; (2) agreement; 

### (3) executive order; or (4) act ofCongress.



### (aa) !lInnovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have asubstantial likelihood ofachieving greater continuous emissions reduction than any control system in currentpractice or ofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or nonair quality environmental impacts.

(bb) "Lowest achievable emission rate" or "LAER" means, for any source, the more stringent rate ofemissions based 

### 5

### Dnn #10-505 GHG Tailoring Rule

December 1,2010



### on the most 

### stringentemissions limitation ofthe 

### following:

. (I) Contained iu the SIP for the class or category ofstationary source unless the owner or operator ofthe proposed 

### stationary source demonstrates that the limitations are notachievable. (2) Achieved in practice by the class or category ofstationary source. This limitation, when applied to a modification,



### means the LAER for the new or modified emissions unit within the stationary source. In no event shall the application of the LAER allow a proposed new or modified stationary source to emit any pollutant in excess ofthe amount 

### allowable under applicable new source standards ofperformance.
(cc) "Low terrain" means any area other than high terrain.



### (dd) "Major modification" means any physical change in, or change in the method ofoperation of, a major stationary



### source that would result in asignificant emissions increase and asignificant net emissions increase ofaregulated NSR pollutant from the major stationary source. The following shall apply: 

### (1) Any significant emissions·increase from any emissions units or net 

### emissions increase at amajor stationary source that is significant for VOC shall be considered significant for ozone. (2) Aphysical change orchange in the method ofoperation shall not include the following: (A) 

### Routine maintenancel 

### repair, and replacement. (B) Use 'ofan alternative fuel orraw material by reason ofan orderunder Sections 2(a) and 2(b) ofthe Energy Supply and Environmental Coordination Act of 1974 or by reason ofa natural gas curtailmentplan pursuant to the Federal PowerAct. (C) 

### Use ofan alternative fuel by reason ofan order under Section 125 ofthe CAA. 

### (D) Use ofan alternative fuel at astearn generating unit to the extent that the fuel is generated from municipal solid waste. 

### (E) Use ofan alternative fuel or raw material 

### by asource thatthe source: (i) was capable ofaccommodating before January 6, 1975, unless the change would be prohibited 

### l.::1.dcr any cjjfcrccabk permit condltlcr:: that was established after

### Ja,'mar; 6, 1975, p:::rSl.miitto: (AA) 

### 40 CFR Part 52.21 

### *; (BB) this rule; (CC) 326 lAC 2-3; or (DO) 

### minor new source review regulations approved pursuant to 40 CFRPart 51.160 through 40 CFR Part 5LI66*; or (ii) is approved to use under any permit issued under 40 CFR Part 52.21

## * orunderthis rule. (F) An increase in the hours ofoperation orin the production rate unless the change would be prohibited under any enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR Part 52.2I

## *

orunder this rule or 326 lAC 2-3. (G) Any changein ownership·at a source. (H) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration 

### project provided thatthe projectcomplies with: (i) the SIP; and (ii) 

### other requirements necessary to attain and maintain the national ambient air quality standards during the project and afterthe project is terminated. (I) 

### The installation or operation ofa pennanent clean coal technology demonstration project that constitutes repowering provided that the project does not result in an increase in the potential to emit ofal)Y regulated pollutantemitted by the unit This exemption shall apply on apollutant-by-pollutant basis. (1) 

### The reactivation ofavery clean coal-fired electric utility steam generating unit. (3) The term shall not apply to aparticularregulated NSR pollutant when the major stationary source is complying with the requirements under 326 lAC 2-2.4 for a PAL for that pollutant Instead, the definition at 326 lAC 2-2.4-2(g) shall apply.


### (ee) "Majorsource baseline date'l means the following: (I) 

### In the case ofparticulate matter and sulfur dioxide, January 6,1975. (2) In the case ofnitrogen dioxide, February 8, 1988. 

### 6Drm #10-505 GHG Tailoring Rule

December 1,2010



### (ft) "Major stationary source" means the following: (I) Any ofthe following stationary sources ofair pollutants that are located orproposed to be located in an attainment

or unclassifiable area as designated in 326 lAC I-4 and that emit or have the potential to emit one hundred (100) tons peryear or more ofany regulated NSR pollutant: (A) Fossil fuel-fired steam electric plants of more than two hundred fifty million (250,000,000) British 

### thermal units per hour heat input. (B) Coal cleaning plants (with thermal driers). (C) Kraft pulp mills. (D) Portland cement plants. (E) Primary zinc smelters. (F) Iron and steel mill plants. 

### (G) Primary aluminum ore reduction plants. (H) Primary copper smelters. (I) Municipal incinerators capable ofcharging more than fifty (50) tons ofrefuse pe' day. (J) Hydrofluoric, sulfuric, and nitric acid plants. (K) Petroleum refineries. (L) Lime plants. (M) Phosphate rock processing plants. (N) Coke oven batteries. (0) Sulfurrecovery plants. (P) Carbon black plants (furnace process). (Q) Primary lead smelters. (R) Fuel conversion plants. (S) Sintering plants. (T) Secondary metal production plants. (U) Chemical process plants. (V) Fossil fuel boilers (or combinations thereof) totaling more than two hundred fifty million (250,000,000) 

### British thermal units per hourheat input. ' (W) Taconite ore processing plants. (X) Glass fiber processing plants. (Y) Charcoal production plants. (Z) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels. (2) Any stationary source with the potential to emit two hundred fifty (250) tons peryear or more ofa regulated NSR pollutant. (3) Any ofthe following stationary sources with potential emissions offive (5) tons per year or more oflead or lead 

### compounds measured as elemental lead: (A) Primary lead smelters. (B) Secondary lead smelters. (C) Primary copper smelters. (D) Lead gasoline additive plants. (E) Lead-acid storage battery manufacturing plants that produce two thousand (2,000) or more batteries per day. (4) Any other stationary source with potential emissions oftwenty·five (25) or more tons per year of lead or lead 

### compounds measured as elemental lead. (5) Any physical change occurring at a stationary source not qualirying undersubdivisions (I) through (4) ifthe change would by itselfqualiry as a major stationary source under subdivisions (I) through (4). (6) Notwithstanding subdivisions (I) through (5), a source or modification ofa source shall not be considered a major stationary source if it would qualiry under subdivisions (l) through (5) only if fugitive emissions, to the extent**quantifiable~** 

### are considered in calculating potential to emit ofthe 

### stationary source ormodification and the sourcedoes not belong to any ofthe categories listed in subdivision (I) or any other stationary source category that, as ofAugust 7, 

### 7Drm #10-505 GHG Tailoring Rule

December I, 2010**1~80,** is being regulated under Section III or I 12 ofthe CAA (42 U.S.C. 741 lor42 U.S.c. 7412). (7) A major stationary sourcethat is major for

## voe shall be considered major for ozone.
(gg) "Minor 

### source baseline date" means the earliest date after the trigger date on which a major stationary source or major modification subject to the requirements ofthis rule or to 40 CFR Part 52.2I

## * submits a complete application under the relevant regulations, includingthe feHewing: (1) The trigger date is the following: (A) In the case ofparticulate matter and sulfur dioxide, August 7, 1977. (B) In the case ofnitrogen dioxide, February 8, 1988. (2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (A) the area in which the proposed source or modification would construct is designated as attainment or unclassifiable under 326 lAC I-4 for the pollutant on the date ofits complete application underthis rule; and (B) 

### in the case ofa major stationary source, the pollutant would be emitted in significant amounts, or, in the

case ofa majormodification, there would be a significant net emissions increase ofthe pollutant. (3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for,purposes ofdetermining the amount ofavailable PMIO increments, except that the commissioner may rescind a minor source baseJine date where it can be**shown~** to the satisfaction ofthe commissioner, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a sign,ificant amount ofPM 10 emissions.

(hh) "Necessary preconstruction approvals or permits" means those permits or approvals required under federal air quality control laws and regulations and air quality control laws and regulations that arepart ofthe SIP.

(ii) "Net emissions increase" with respect to any regulated NSR pollutant emitted by a major stationary source, means

..to.", """'11"'".:_.... ,- u

....**~V** ••VVVl.115. (1) The amount by which the sum ofthe following exceeds zero (0): (A) The increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated under section 2(d) ofthis rule

.. (8) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this clause shall be detennined as provided in subsection (e), except that subsection (e)(1)(C) and (e)(2)(D) shall not apply. (2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the following: (A) The date five (5) years before construction ofthe particular change commences. (B) The date that the increase from the particular change occurs. (3) An increase or decrease in actual emissions is creditable only ifthe department has not relied on the increase or decrease in actual emissions in issuing a permit to the source under 40 CFR Part 52.21

## *orthis rule and the pennit is in effect when the increase in actual emissions from the particular change occurs. (4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum aBowable increases remaining available. (5) An increase in actual emissions is creditable only to the extent that a new level ofactual emissions exceeds the old level. (6) A decrease in actual emissions is creditable only to the extentthat: (A) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the

new level ofactual emissions; (B) it is enforceable as a practical matter at and afterthe time that actual construction on the particular change begins; and (C) it has approximately the same qualitative significance forpublic health and welfare as that attributed to the increase from the particular change. 

### 8Drm #10-505 GHG Tailoring Rule

December 1,2010 

### (7) An increase that results from the physical change at asource occurs when the emissions uniton which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after areasonable shakedown period not to exceed one hundred eighty (180) days. (8) Subsection (b)(l) shall not apply for determining creditable increases and decreases.
(jj) 

### nplant-wide applicability limitation" or "PAL" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source. that is enforceable as a practical matter and established source-wide in accordance with this rule. Forthe purposes ofthis rule, a PAL is an actuals PAL.

(kk) "Pollution prevention" means the following: (1) Any activity that eliminates or reduces the release of air pollutants, including fugitive emissions, and other 

### pollutants to the environmentpriorto recycling, treatment, or disposal, through: (A) process changes; (B) productreformulation orredesign; or (C) substitution ofless polluting raw materials. (2) The term does not include: (A) 

### recycling, except certain in-process recycling practices; (B) energy recovery; (C) treatment; or (D) disposal.


### (JJ) 

### "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation or the effect it would have on emissions is enforceable as a practical matter. Secondary emissions do notcount in determiningthe potential to emit ofastationary source.
(mm) "Predictive emissions monitoring system" or "PEMS" means all ofthe 

### equipment necessary to, ona continuous basis: (I) monitor: (A)

### process and control device operational parameters; and (B) other infonnation, such as gas flow rate, O 2 

### or CO2

### concentrations; and (2) calculate and record the mass emissions**rate~** 

### such as pounds perhour.
(nn) "Prevention ofsignificant deterioration program" or "PSD program" means amajor source preconstruction permit program that has been approved by the U.S. EPA and incorporated into the SIP to implement the requirements of40 CFR Part 51.166 or the program in 40 CFR Part 52.21. Any permit issued under the program is a major NSR permit.

(00) 

### "Project" means aphysical change in, or change in the method ofoperation**of~** 

### an existing major stationary source. (pp) UProjected actual emissions" means the following: (I) The maximum annual rate, in tons peryear, at which an existing emissions unit is projected to emit aregulated NSR pollutant in any consecutive twelve (12) month period ofthe five (5) years following the date the unit resumes regular operation after the project, or in any consecutive twelve (12) month period ofthe ten (10) years following the date the 

### unit resumes regular operation, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization ofthe unit would result in a significant emissions increase or a significantnetemissions increase atthe major stationary source. (2) In determining the projected actual emissions under this subsection, before beginning actual construction, the owner
or operator ofthe 

### major stationary source: (A) shall: (i) 

### considerall relevant infonnation, including, butnot limited to: (AA) historical operational data; 

## 9Drm #10-505 GHG Tailoring Rule

December 1,2010 (BB) the company's own representations; (CC) the company's expected business activity and tbe company's highest projections of 

### business activity; (DD) the company's filings with the state or federal regulatory authorities; and (EE) compliance plans underthe approved SIP; (ii) 

### include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and malfunctions to the extent they are affected by the project; and (iii) 

### exclude, in calculating any increase in emissions that result from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive twenty-four (24) month period used to establish the baseline actual emissions under subsection (e) and that are also unrelated to the particular project, including any increased 

### utilization due to product demand growth; or (B) in lieu ofusing 

### the method setput 

### in clause (A), 

### may elect to use the emissionsunit's 

### potential to emit, in
tons peryear, as defined under subsection (II).


### (qq) "Reactivation of a very clean coal-fired electric utility steam 

### generating unit" means any physical change or 

### change in the**met~od** 

### ofoperation**associa~ed** 

### with the commencement ofcommercial operations by acoal·fired 

### utility unit after

aperiod ofdiscontinued operation wherethe unit: (1) has not been in operation for the two (2) year period prior to the enactment ofthe CAA Amendments ofI990, and 

### the emissions from the unit continueto be carried-in the department's emissions inventory atthe time ofenactment; (2) was equipped priorto shutdown with a continuous system ofemissions control that achieves a removal efficiency for sulfur dioxide ofnot less than eighty-five percent (85%) and a removal efficiency for particulates ofnot less than ninety-eight percent (98%); 

### (3) is equipped with low-NOx

### burners priorto the time ofcommencement ofoperations following reactivation; and (4) is otherwise in compliance with the requirements ofthe CAA.


### (rr) "Reasonably available control technology" or "RAeT" 

### means devices, systems, process modifications, or other apparatus ortechniques that are reasonably available taking into account: (l) the necessity 

### ofimposing the controls in orderto attain and maintain anational ambient air quality standard; (2) the social, environmental, and economic impact ofthe 

### controls; and

. (3) alternative means ofproviding 

### for attainment and maintenance ofthe 

### standard.

(ss) "RegulatedNSR pollutant" means any ofthe following: (I) Any: (A) pollutantfor which a national ambient air quality standard has been promulgated; and (B) constituents orprecursors for the pollutanjs identified bythe U.S. EPA. (2) Any pollutantthat is subjectto any standard promulgated under Section III ofthe CAA. (3) Any Class I or J] substance subjectto a standard promulgated under orestablished by Title VI ofthe CAA. (4) Any pollutantthat otherwise is subjectto regulation under the CAA 

### eJ<eef>l tltal as defined in subsection (zz). (5) Notwithstauding subdivisions (1) tbrough (4), any or all HAPs either listed in Section 112 ofthe CAA or added to the list pursuant to Section I 12(b)(2) ofthe CAA, which have not been delisled pursuant to Section I 12(b)(3) ofthe CAA, are not regulated NSR pollutants unless the listed HAP is also regulated as a constituent orprecursor ofa general pollutant listed under Section 108 ofthe CAA. (-31 (6) Notwithstanding subdivision (4), any pollutant listed in subsection (ww)(1)(A) through (ww)(l)(U).

(tt) "Replacementunit" means an emissions unit for which all the criteria listed in subdivisions (I) through (4) are met. 

### No creditable emission reductions shall be generated from shutting down the existing emission unit that is replaced. The following applies: (I) The emissions unit is a reconstructed unit within the meaning of40 CFR 60.J5(b)(I)*, or the emissions unit 

### completely takes the place ofan existing emissions unit. (2) The emissions unit is identical to orfunctionally equivalenttothe replaced emissions unit. (3) The replacement does not alter the basic design parameters, as discussed in 40 CFR 51.165(h)(2), ofthe process 

### 10Dnn #10-505 GHG Tailoring Rule

December I, 20I0 

### unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise pennanently disabled, or permanently barred from operation by 

### a pennit that is· enforceable 

### as a practical matter. Ifthe replaced emissions unitis broughtback into operation, 

### it shall constitute anew emissions unit.

(uu) "Repowering" means replacement of an existing coal-fired boiler with one (I) of the following clean coal technologies: (I) Atmospheric or pressurized fluidized bed combustion. (2) Integrated gasification combined cycle. (3) Magnetohydrodynamics. (4) Direct and indirect coal-fired turbines. (5) Integrated gasification fuel cells. (6) As determined by the 

# u.s. EPA, in consultation with the Secretary ofEnergy, a derivative ofone (I) or more of 

### these technologies, and any other technology capable ofcontrolling multiple combustion emissions simultaneous'y

. with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology 

### in widespread commercial use as of November 

### 15, 1990. The tenn shall also include any oil or gas-fired unit, or both, that has been awarded clean coal technology demonstration funding

as ofJanuary I, 1991, by the Department ofEnergy. The department shall give expedited consideration to permit applications 

### for any source that satisfies the requirements ofthis 

### subsection and is granted an extension under Section 409 ofthe 

### CAA.
(vv) "Secondary emissions" means emissions that would occur asa result ofthe 

### construction or operation ofa major stationary source ormajor modification, but

### do notcome from the major stationa'ry source ormajormodification itself. The tenn includes emissions from any off-site support facility that would notbe constructed or increase its emissions except as aresult of the construction or operation of the major stationary source or major modification. For the purpose of this rule, secondary emissions must be specific, well-defined, quantifiable, and impact the same general area as the source or modification that

causes the secondary emissions. The term does not include any emissions that come directly from a mobile source, such as emissions from: (I) the tailpipe ofa motor vehicle; (2) atrain; or (3) a vessel.

(ww) "Significant" means the following: (l) In'reference 

### to anet emissions increase or the potential ofthe source to emit any ofthe following pollutants, arate ofemissions that would equal or exceed any ofthe following rates: (A) Carbon monoxide: one hundred (100) tons peryear. (B) Nitrogen oxides: forty (40) tons peryear. (C) Sulfur dioxide: forty (40) tons peryear. (D) Particulate matrer: twenty-five (25) tons peryear. (E) PM,,: fifteen (15) tons peryear. (F) Ozone: forty (40) tons per year ofVOC. (G) Lead: six-tenths (0.6) ton per year. (H) Asbestos: seven one-thousandths (0.007) ton peryear. (I) Beryllium: four ten-thousandths (0.0004) tall peryear. (1) Mercury: one-tenth (0.1) ton per year. (K) Vinyl chloride: one (I) ton peryear. (L) Fluorides: three (3) tons per year. (M) Sulfuric acid mist: seven (7) tons peryear. (N) Hydrogen sulfide (H,S): ten (10) tons peryear. (0) Total reduced sulfur (including H,S): ten (10) tons peryear. (P) Reduced sulfurcompounds (including H,S): ten (10) tons per year. (Q) Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibellzo-p-dioxins and dibenzofurans): thirty-five ten-millionths (0.0000035) or 3.5 x 10.6 ton peryear. 

### JJ

### Dnn #10-505 GHG Tailoring Rule

December 1, 20I0 (R) Municipal waste combustormetals (measured as particulate matter): fifteen (15) tons peryear. (S) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): forty (40) tons peryear. 

### (T) Municipal solid waste landfills emissions (measured as nonmethane organic compounds): fifty (50) tons 

### peryear. (V) 

### Ozone-depleting substances (ODS): one hundred (100) tons peryear. (V) 

### Pollutant greenhouse gases (GHGs): as specified in subsection (zz). 

## M (W) 

### Any regulated NSR pollutant otherthan the pollutants listed in this subsection: any emission rate. (2) Any emissions rate or any net emissions increase associated with a major stationary source or major modification that: (A) would be constructed within ten (10) kilometers ofa Class I area; and (B) has an impact on the area equal to or greaterthan one (I) microgram percubic meter (24-houraverage).

(xx) "Significant emissions increase" means, for a regulated NSR ponutant, an increase in emissions that is significant,



### as defined in subsection (ww), 

### forthat pollutant.
(yy) "Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant. A stationary source·does not include emissions resulting from an internal combustion engine used for transportation purposes or from a nemoad engine or nonroad vehicle.


### (zz) "Subject to regulationtl 

### means, for any airpollutant, thatthe pollutantis subjectto either a provision in the CAA, or a nationally applicable regnlation codified by the U.S. EPA in 40 CFR, Chapter I, Subchapter C, that requires 

### actual control ofthe quantity ofemissions ofthat pollutant, and that the control requirement bas taken effect and is operative to control, limit, or restrict the quantity ofemissions ofthat pollutant released from that regulated activity, except as follows: (1) 

### Crccn!:wm;c**g~u;es** 

### (CHCs), the <":h'**poH::tm~t** 

### dct1ned :n**4~** 

### CFR 86.1818",12(<":)*, as added by 

### 75 FR 25686 (May 7, 2010), as the aggregate group of six (6) greeuhouse gases shall not be subject to regulation except as provided in subdivisions (4) and (5). Pollutant GHGs includes the following: (A) Carbou dioxide. (B) Nitrous oxide. (C) 

### Methane. (D) Hydrofluorocarbous. (E) Perfluoroearbons. (F) Sulfur hexafluoride. (2) For purposes of subdivisions (3) through (5), "tons per year (tpy) CO, equivalent 'emissions (CO,e)" shall represent an amount ofGHGs emitted and shall be calculated as follows: (A) Multiply the mass amount of emissious in tpy for each of the six (6) greenhouse gases in the pollutant GHGs by the gas's associated global warming potential published in 40 CFR 98, Subpart A, Table A-I (Global Warming Potentials)*, as added by 74 FR56395 (October30,2009). (B) Sum the resultant value from clause (A) 

### for each gas to compute a tpy CO,e. 

### (3) "Emissions increase", as used in subdivisions (4) and (5), means thatboth a significant emissions increase as calculated usiug the procedures in 40 CFR 51.166(a)(7)(iv)* and a significant net emissions increase as defined in subsections (Ii) 

### and (ww) occur. Forthe pollutant GHGs, au emissions increase shall be based on tpy CO,e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "siguificaut" is defined as seveuty-fivethousand (75,000) tpy CO,e instead ofapplying the valuein subsection (ww)(l)(W). 

### (4) BeginningJanuary 2, 2011, the pollutant GHGs is subjectto regulation iflhe stationary sourceis: (A) a new major stationary source for a regulated NSRpollutant that is not GHGs and will emit or will have the potential to emit seventy-five thousand (75,000) tpy CO,e ormore; or (B) an existing major stationary source for a regulated NSRpollutantthatis not GHGs and will have an 

### emissions increase of a regulated NSR pollutant, and an emissions increase of seventy-five thousand (75,000) tpy CO,e ormore. (5) BeginningJuly 1,2011, in addition totheprovisions in subdivision (4), the pollutantGHGs shall be subjectto 

### 12Drm #10-505 GHG Tailoring Rule

December 

### J, 2010 

### regulation at: (A) 

### a new stationary source that 

### will emit or will 

### have the potential to emit one hundred thousand (100,000) tpy CO,e or more; or (B) an existing stationary source that emits or has the potential to emit one hnndred thousand (100,000) 

### tpy COze or more, when such stationary source undertakes a physical change or change in the method of operation that will 

### result in an emissions increase of seventy-five thousand (75,000) tpy COze 

### or
more.
(aaa) "Temporary clean coal technology demonstration project" means a clean coal technology demonstration projectthat:

. (1) is operated for a period offive (5) years or less; and (2) complies with the SIP and other requirements necessary to attain and maintain the national ambient air quality standards during the project and afterthe project is terminated.

*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol StreetNW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office ofAir Quality, Indiana Government CenterNorth, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 326lAC2-2-I;filedMar 10, 1988, 1:20p.m.: IIIR 2391;filedApr 13, 1988,3:35p.m.: IIIR 3022;filedJan 6,1989,3:30p.m.: 121R 1I02;filedJun 14, 1989, 5:00p.m.: 121R 2020;filedNov 25, 1998, 12:13p.m.: 22 IR 997; erratafiledMay 12, 1999, 11:23 a.m.: 22 IR 3105;filedOct 23, 2000, 9:47 a.m.: 241R 668; filedMar23,2001,3:03p.m.: 241R 2412;filedDec 20,2001,4:30p.m.: 251R 1557;filedMar9,2004,3:45p.m.: 

### 27 IR 2216; filedAug 10,2004,3:35p.m.: 

### 27 IR 3889;filed Octl, 2010, 

### 3:48p.m.: 20101027-IR-326070372FRA)

.

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

326 lAC 2-2-4 Air quality analysis; requirements Authority: IC 13-14-8; IC 13-17-3 Affected: IC 13-15; IC 13-17

Sec. 4. (a) Any application for a permit under the provisions ofthis rule shall contain an analysis ofambient air quality in the areathat the major stationary source or major modification would affect for each ofthe following pollutants: (1) For a source. each regulated NSR pollutantthat the source would have the potential to emit in a significant amount. (2) For a modification, each regulated NSR pollutant for which the modification would result in a significant net emissions increase.

(b) Exemptions are as follows: () The requirements ofthis section shan not apply to a major stationary source or major modification with respect to a particular ponutant 

### if the allowable emissions ofthat pollutant from the source or the net emissions increase ofthat pollutant from the modification would: fA) impact no Class I area and no area where an applicable increment is known to be violated; and (8) be temporaly. (2) A source or modification shall be exempt from the requirements ofthis section with respect to monitoring for a particularpollutant ifeither ofthe following apply: (A) The emissions increase ofthe pollutant from a new source or the net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following: (I) Carbon monoxide: 575**~glm',** 8-hour average. (Ii) Nitrogen dioxide: I4**~glm',** annual average. (iii) PM,,: 10**~glm3,** 24-hour average. (iv) Sulfurdioxide: 13**~g/m',** 24-hour average. (v) Ozone: No de minimis air quality level is provided for ozone; however, any net increase ofone hundred (100) tons per year or more ofVOC subject to PSD would be required to provide ozone ambient air quality data. 

### 13Drm#10-505 GHG Tailoring Rule

December 1, 2010 (vi) Lead: 0.1 flg/m', 3-month average. (vii) Mercury: 0.25 flg/m" 24-hour average. (viii) Beryllium: 0.001 flg/m', 24-houraverage. (ix) Fluorides: 0.25 flg/m" 24-houraverage. (x) Vinyl chloride: 15 flg/m', 24-hour average. (xi) Total reduced sulfur: 10 mg/m" I-hour average. (xii) Hydrogen sulfide: 0.2 flg/m', I-hour average. (xiii) Reduced sulfur compounds: 10 Jlg/m', l·hour average. (B) The concentrations ofthe pollutant in the area affected by the source or modification are less than the concentrations listed in clause (A) orthe pollutant is not listed in ,Iause (A). 

### (3) The requirements ofthis section shall not apply to a major stationary source or major modification with respect to pollutaut GHGs. (c) All monitoring required by this section shall be done in accordance with the following provisions: (1) With respect to any pollutant for which no ambient air quality standard designated in 326 lAC 1-3 exists, the analysis shall contain such air .quality monitoring data as the commissioner determines is necessary to assess ambient air quality for that pollutant in any area that the emissions ofthat pollutant would affect. (2) wiih respect to any pollutant (other than nonmethane hydrocarbons) for which an ambient air quality standard as designated in 326 lAC 1-3 exists, the analysis shall contain continuous air quality monitoring data gathered for the purpose ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or 

### any maximum allowable increa,se. (3) Jn general, the continuous air quality monitoring data that is required shall have been gathered over a period ofat least one (1) year preceding receipt ofthe application, except that, ifthe commissioner determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year (but not less than four (4) months), the datathat is required shall have been gathered over at leastthat shorterperiod. (4) The owner or operator ofthe proposed major stationary source or major modification ofVOC who satisfies all 

### conditions of40 eFR 

### Part 51, Apper::dix S, Secticr:: 1'/* may provide post-approval monitoring data for ozone in Heu of providing preconstruction data as required underthis subsection. (5) The owner or operator ofa major stationary source or major modification shall. after construction ofthe source or modification. conduct such ambient monitoring as the commissioner determines is necessary to determine the effect of the emissions that the source ormodification may have, or is having, on air quality in any area. (6) The owner or operator ofa major stationary source or major modification shall comply with the requirements of40 CFR Part 58, Appendix B* during operation ofmonitoring stations forpurposes ofcomplying withthis section. (7) All air quality monitoring shall be done in accordimce with state and federal monitoring procedures as set forth in the following references: May J987 U.S. EPA, "Ambient Air Monitoring Guidelines for Prevention of Significant Deterioration" (EPA 45014-87·007)* and the May 1999, "Indiana Department ofEnvironmental Management, Office ofAir Management Quality Assurance Manual*".

*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol StreetNW, Washington, D.C. 2040J or are available for review and copying at the Jndiana Department of Environmental Management, Office ofAir Quality, Indiana Government CenterNorth, Tenth Floor, 100 North Senate Avenue, Indianapolis, Jndiana46204. 

### (AirPollution ControlBoard; 326

### lAC2-2-4;

### filedMar 10, 1988, 

### 1:20p.m.: 11 

### lR 2396;filedApr 13.1988,3:35p.m.: JJ

### lR 3026;filedJan 6, 1989, 

### 3:30p.m.: 12

### lR J099;filedMar23,2001,3:03p.m.: 24

### lR 2420;filedDec 20,2001,4:30p.m.: 

### 25 lR 1565;filedAug 10, 2004, 

### 3:35p.m.: 

### 27lR 3901;filedOct 

### 1, 2010, 

### 3:48p.m.: 20l0l027-1R326070372FRA)

SECTION 3. 326 lAC 2-7-1 IS AMENDED TO READ AS FOLLOWS:

326 lAC 2-7-1 Defiuitions Authority: 

### Ie 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 1341_2

Sec. 1. For purposes ofthis rule, tbe definition given for a term in this rule shall control in any conflict between 326 

### 14 

## (Dnn #10-505 GHG Tailoring Rule

December 1,2010 lAC 1-2 and this rule

.. In addition to the definitions provided in IC J3-1 1-2,326 lAC 1-2, and 326 lAC 2-1.1, the following 

### definitions apply throughout this rule unless expressly stated otherwise orunless the contextdearly implies otherwise: (I) 

### "Acid rain program" means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV ofthe CAA, 40 CFR 72*, and 40 CFR 75* through 40 CFR 78*,58 FR 3590*, and regulations implementing Sections 407 and 410 ofthe CAA. 

### (2) "Actual emissions" means the actual rate ofemissions in tons per year ofany 

### regulated pollutant emitted from a Part 70 source over the preceding calendar year or any other period detennined 

### by the commissioner to be 

### representative ofnormal source operation. (3) "Affected source" shall have the meaning given to it in the regulations promulgated underTitle IV oflhe CAA. (4) "Affected states" means all states: 

### (A) whose air quality may be affected and are contiguous to the state oflndiana; or (8) that are within fifty (50) miles oflhe permitted source. (5) "Affected unit" shall have the meaning given to it in the regulations promulgated under Title IV ofthe CAA. (6) "Applicable requirement" means all ofthe following as they apply to emissions units in a Part 70 source (including requirements that have been promulgated or approved by the U.S. EPA through rulemaking at the time of permit 

### issuance but have future effective compliance dates): (A) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by the U.S. EPA through rulemaking under Title 

### I ofthe CAA that implements the relevant requirements oflhe CAA, including any revisions to that plan promulgated in 40 CFR 52*. 

### (B) Any term or condition ofany preconstruction permits issued under regulations approved or promulgated through rulemaking underTitle I, including Part CorD ofthe CAA. (C) Any standard or other requirement under Section I I

### I ofthe CAA, including Section I II(d) ofthe CAA: 

### (D) Any standard or other requirement under Section]]2 ofthe 

### CAA, including any requirement concerning accidentprevention under Section 

### I 12(r)(7) oflhe CAA. (E) Any standard or other requirement ofthe acid rain program under Title IV ofthe CAA or the regulations promulgated thereunder. (F) Any requirements established under Section 504(b) or J14(a)(3) ofthe CAA. (G) Any standard or otherrequirement under Section I26(a)(l) and 126(c) ofthe CAA. 

### (H) Any standard or other requirement governing solid waste inc.ineration under Section J29 

### ofthe CAA. (l) 

### Any standard or other requirement for consumer and commercial products under Section 183(e) ofthe CAA. (J) Any standard orotherrequirement for tank vessels under Section 183(1) ofthe CAA. (K) Any standard or other requirement of the. Code of Federal Regulations promulgated to protect stratospheric ozone under Title VI ofthe CAA, unless the U.S. EPA has determined that the requirements 

### need not be contained in aPart70 permit. (L) Any national ambient air quality standard or increment or visibility requirement under Part C ofTitle J

### of the CAA, but only as it would apply to temporary sources permitted under Section 504(e) ofthe CAA. 

### (7) "Area source" means any stationary source ofHAPs that is not a major source. The term does not include motor vehicles ornonroad vehicles subject to regulation underTitle II ofthe CAA. (8) "Clean Air Act" or "CAA" means the Clean Air Act, as amended (including the Clean Air Act Amendments of 1990 (P.L.IOI-549)), 42 U.S.C. 7401, et seq. (9) "Code ofFederal Regulations" or "CFR", unless otherwise provided, has the same meaning as set forth in 326 lAC 1-1-3. (l0) "Designated representative" shall have the meaning given to it in Section 402(26) ofthe CAA and the regulations promulgated thereunder. (ll) "Draft Part 70 permit" means the version of a Part 70 permit for which the commissioner offers public 

### participation and notice to affected states under section 17 ofthis 

### rule. (12) "EmergencyH means any situation, including acts ofGod, arising from sudden and reasonably unforeseeable events beyond the reasonable control ofthe source that: (A) 

### requires immediate corrective action to restore nonnal operation; and (B) causes the source to exceed an emission limit under a Part 70 permit due to unavoidable increases in emissions attributable to the emergency. 

### 15Drm #10-505 GHG Tailoring Rule

December 1,2010 

### Theterm shall not include noncompliance to the extent caused 

### by improperly designed equipment, failure to implement

an adequate preventivemaintenance plan, careless orimproperoperation, or operatorerror. (13) "Emission limitation or standard" means any ofthefollowing as defined underthe CAA: (A) A federally enforceable emission limitation or standard.

. (B) A standard ofperformance. (C)A 

### means ofemission limitation. An emission limitation or standard may be expressed in tenus ofthe pollutant, expressed either as aspecific quantity, rate, or concentration ofemissions (for example, pounds ofsulfur dioxide (S02) per hour, pounds of sulfur dioxide (S02) per mmBtu, or kilograms ofVOC per liter Cifapplied coating solids) or as the relationship ofuncontrolled to 

### controlled emissions (for example, percent capture and destruction efficiency ofVOe 

### or percent reduction ofS02). 

### An emission limitation or standard may also be expressed either as a work practice process or other form of design, 

### equipment operation, or operation and maintenance requirement. (14) "Emissions allowable under the Part 70 permit" means a federally enforceable Part 70 permit term or condition 

### detennined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirementt9 which the source would otherwise be subject. (15) "Emissions unit" means any part or activity ofa stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under Section 112(b) ofthe CAA. The term is not meant to alter or affect the definition ofunit for purposes ofTitle IV ofthe CAA. (Hi) "Federally enforceable state operating permit" or "FESOP" ineans a permit issued under 326 lAC 2-8. (17) "Final Part 70 permit" means the version ofa Part 70 permit issued by the commissioner that has completed all 

### review procedures required by sections] 7 and 18 

### ofthis rule. (18) "Fugitive emissions" means emissions that could not reasonably pass through a stack, chimney, vent,or other functionally equivalent opening. 

### (19) IIGeneral Part 70 permitll 

### means a Part 70 permit that is applicable to a class or-category of sources or modifications thereto, whcthc. o. not undei Comm0i'i 0wncrship or C0iitrv:, that arc Subject to similar applicable 

### requirements. (20) "Health-based emission limit" means any enforceable condition the sole purpose ofwhich is to protect public 

### health orwelfare without regard to technical achievabiJity; including, but not limited to, any requirement in a permit based on: (A) an emission standard for HAPs promulgated under40 CFR 61 *, including 326 lAC 14; (B) conditions to prevent significant deterioration ofair quality established under 40 CFR 52.21*, including 326 lAC 2-2-5 and 3261AC 2-2-6 but excluding conditions based on BACT; (C) limits relied upon in a formal attainment demonstration supporting a SIP approved by the U.S. EPA under Section lJO(a)(2)(K) ofthe CAA, with the exception oflimits based on RACT for sources ofVOCs in areas 

### designated attainment for ozone in accordance with the CAA; or (D) conditions established as residual risk standards under 42 U.S.C. 7412(1). (21) "Insignificant activity" has any of the meanings, subject to clauses (A) through (D), specified in clauses (E) through (K) as follows: (A) Detailed information concerning emissions from activities or equipment listed in clauses (E) through (K) 

### is notrequired in apennit application submitted under thisrule'or 326 lAC 2-8; however, additional emissions information mustbe provided upon requestby the departm'ent. (B) Notwithstanding any other requirements in this rule, the applicant shall include all emissions sources and 

### quantifY emissions if

### needed to determine: (i) 

### major source status; (ii) compliance with any applicable requirement; or (iii) the applicability ofany applicable requirement. 

### Identification ofan activity or equipment as insignificant underthis section does not preclude the inclusion of the activity orequipment in acompliance plan or protocol as appropriate. (C) Notwithstanding any other provision ofthis rule or 326 lAC 2-6, emissions from activities defined as 

### insignificant in this subdivision or trivial in subdivision 

### f4G1 (41) need not be included in a source's annual emission statementrequired by 326 lAC 2-6.

### 16 

## (
'.Drm #10-505 GHG TailoringRule

December I, 2010 (D) A change in a source's insignificant or trivial activities or the addition ofan insignificant activity ortrivial activity shall not constitute a modification for purposes ofsections 10.5 and] 2 ofthis rule, 

### ifthe new activity

or modified activity: (i) meets the definition ofinsignificant activity ofthis subdivision or trivial activity ofsubdivision (4{J1j (41); 

### Oi) has all applicable requirements and associated monitoring in the current permit; and (iii) is not a modification under any provision ofTitle I ofthe CAA. The department may request that the source update its list of insignificant activities as 

### paJi of its annual compliance celtification. (E) An emission unit or activity whose potential uncontrolled emissions meet the exemption levels specified in 326 lAC 2-1.1-3(e)(I) or the exemption levels specified in the following, whichever is lower: (i) For lead or lead compounds measured as elemental lead, the exemption level is six-tenths (0.6) ton peryear or three and twenty-nine hundredths (3.29) pounds per day. (ii) For carbon monoxide (CO), the exemption limit is twenty-five (25) pounds per day. (iii) For sulfur dioxide, the exemption level is five (5) pounds per hour or twenty-five (25) pounds per day. (iv) For VOC, the exemption limit is three (3) pounds per hour or fifteen (15) pounds per day. (v) For ·nitrogen oxides (NO,); the exemption limit is five (5) pounds per hour or twenty-five (25) pounds per day. (F) For an emission unit or activity with potential uncontrolled emissions of palticulate matter with an aerodynamic diameter less than or equalto ten (10) micrometers (PM IO), the exemption level is either five (5) pounds per hour ortwenty-five (25) pounds per day. (G) For units with potential uncontrolled emissions ofHAPs, that are not listed as insignificant in clauses (H) through (L) ordefined as trivial in subdivision f4il), (41), an insignificant activity is any ofthe following: (i) Any unit, not regulated by a NESHAP, emitting greater than one (1) pound per day but less than five (5) pounds per day or one (1) ton peryear ofa single HAP. (ii) Any unit, not regulated by a NESHAP, emitting greater than one (1) pound per day but less than twelve and five-tenths (12.5) pounds per day or two and five-tenths (2.5) tons per year of any combination ofHAPs. The source shall provide a description of the insignificant activity, including identification of the HAPs emitted and any applicable requirements. A source may rely on MSDS sheets, product labels, other manufacturer's information, or other technical and scientific judgement for identification of HAPs. Insignificant activities that are part ofa multistep process line shall be repolted as such on the operating permit application, and the source shall include a description ofthe function and components ofthe process line on the operating permit application. Insignificant activities that perform equivalent functions shall be grouped, and the function and number ofthose units shall be included on the operating permit application. (H) Emissions from a laboratory as defined in this clause. As used in this clause, "laboratory" means a place or activity devoted to experimental study or teaching, or to the testing and analysis ofdrugs, chemicals, chemical compounds or other substances, or similar activities, provided that the activities described in this clause are conducted on a laboratory scale. Activities are conducted on a laboratory scale if the containers used for**~eactions,** transfers, and other handling ofsubstances are designed to be easily and safely manipulated by one (I) person. Ifa facility manufactures or produces products for profit in any quantity, it shall not be considered to be a laboratory under this clause. Support activities necessary to the operation of the laboratory are considered to be part of the laboratory. Support activities do not include the provision of power to the laboratory from sources that provide power to multiple projects or from sources that would otherwise require**permitting~** such as boilers that provide powerto an entire facility. (I) Emissions from research and development activities as defined in this clause. As used in this**clause~** "research and development activities" means activities conducted under close supervision of technically trained personnel that are not engaged in the manufacture ofproducts for sale, exchange for commercial**profit~** or distribution, except in a de minimis manner and the primary purpose ofwhich is to: (i) test more efficientproduction processes; (ii) test methods for preventing orreducing adverse environmental impacts; or 

### 17

### Drm #10-505 GHG Tailoring Rule

December 1, 2010 (iii) 

### conductresearch and.development into new processes and products: Support activities necessary to the research and development activities are considered to be part ofthe 

### research and development activities. Support activities do not include the provision ofpowerto the research and development activities from sources that 

### provide power to multiple projects or from sources that would otherwise require permitting, such as boilers that provide powerto asource or solid waste disposal units, such
as incinerators. 

### (J) Emissions from educational and teaching activities as defined in this clause. As used in this clause, 

### r'educational and teaching activities" means activities conducted 

### at public and nonpublic schools and postsecondary educational institutions for**educational~** 

### vocational, agricultural, occupational, employment, or technical training purposes provided the activities do not include the production ofan intetmediate or final product for sale or exchange for commercial profit or distribution. Support activities necessary to the educational and teaching activities are considered to be part ofthe 

### educational and teaching activities. Support activities do not include·the provision ofpower to the educational and teaching activities from sources that provide power to multiple projects or from sources that would otherwise require permitting, such as boilers that provide powerto asource or solid waste disposal units, such as incinerators. (K) Any ofthe following listed activities: (i) Combustionrelated activities, as follows: (AA) 

### Space beaters, process heaters, heattreat furnaces, or boilers using the following fuels: 

### (aa) Natural gas-fired combustion sources with heat input equal to or less than ten million (10,000,000) British thermal units perhour. (bb) Propane or liquified petroleum gas or butane-fired combustion sources with heat input equal to or less than six million (6,000,000) British tbermal units per hour. (cc) Fuel oil-fired combustion sources with heat input equal to or less than two million (2,000,000) British thermal units per hour and firing fuel containing equal 

### to or less than**five~tenths** 

### percent (0.5%) sulfurby 

### '.ve:ght. (dd) Wood-fired combustion sources with heat input equal to or less than one million (1,000,000) British thermal units per hour and not burning treated wood or 

### chemically contaminated wood. (BB) Equipment powered by diesel fuel fired or natural gas fired internal combustion engines ofcapacity equal to or less than five hundred tbousand (500,000) British thermal units per hour except wbere total capacity of equipment operated by one (1) stationary

source as defined by subdivision (38) exceeds two million (2,000,000) British thermal units perhour. (CC) Combustion source flame safety purging on start-up. (ii) Fuel dispensing activities, as follows: (AA) 

### A gasoline fuel transfer dispensing operation handling less tban or equal to one thousand three hundred (1,300) gallons per day and filling storage tanks having a capacity equal to or less than ten thousand five hundred (10,500) gallons. Such storage tanks may be 

### in afixed location oron mobile equipment. (BB) Apetroleum fuel otherthan gasoline dispensing facility, having a storage tank capacity less than or equal to ten thousand five bundred (10,500) gallons, and dispensing three thousand five hundred (3,500) gallons perday orless. (iii) 

### The following VOC and HAP storage containers: (AA) Storage tanks with capacity less than or equal to one thousand (l,000) gallons and annual throughputs equal to orlessthan twelve thousand (12,000) gallons. (BB) Vessels storingthe following: (aa) Lubricating oils. (bb) Hydraulic oils. (cc) Machining oils. (dd) Machining fluids. (iv) Refractory storage notrequiring airpollution control equipment. 

### 18 

# (Drm#10-505 GHG Tailoring Rule

December 1,2010 (v) Equipment used cxelusively for the following: (AA) Packaging the following: (aa) Lubricants. (bb) Greases. (BB) Filling drums, pails, or otherpackaging containers with the following: (aa) Lubricating oils. (bb) Waxes. (cc) Greases. 

### (vi) Production related activities" includingthe foHowing: (AA) Application of: (aa) oils; (bb) greases; 

### (cc) lubricants; and (dd) nonvolatile material;



### as temporary protective coatings. 

### (BB) Machining where an aqueous cutting coolant continuously floods the machining interface. (CC) Degreasing operations that do nnt exceed one hundred forty-five (145) gallons per twelve (12) months, except ifsubject to 326 lAC 20-6. 

### (DD) Cleaners and solvents characterized as having avaporpressure equal to or less than: (aa) two (2.0) kilo Pascals (fifteen (15) millimeters ofmercury or three-tenths (0.3) pound per square inch) measured at thirty-eight (38) degrees Centigrade (one hundred (100) degrees Fahrenheit); or (bb) seven-tenths (0.7) kilo Pascal (five (5) millimeters of mercury or one-tenth (0.1) pound per square inch) measured at twenty (20) degrees Centigrade (sixtyeight (68) degrees Fahrenheit); 

### the use ofwhich, 

### for all cleaners and solvents combined, does not exceed one hundred fortyfive (145) gallons per twelve (12) months. (EE) The following equipment related to manufacturing activities not resulting in the emission ofJ-lAPs: (aa) Brazing. (bb) Cutting torches. (cc) Soldering. (dd) Welding. (FF) Closed loop heating and cooling systems. (GG) Infrared cure equipment. 

### (HH) Exposure chambers (towers or columns), for curing ofultraviolet inks and ultraviolet 

### coatings where heat is the intended discharge. (II) Any ofthe following structural steel and bridge fabrication activities: (aa) Cutting two hundred thousand (200,000) linear feet or less ofone (I) inch plate



### or equivalentperyear. (bb) Using eighty (80) tons or less ofwelding consumables peryear. 

### (vii) Activities associated with the following recovery systems: (AA) Rolling oil recovery systems. (BB) Groundwater oil recovery wells. (viii) Solvent recycling systems with batch capacity less than or equal to one hundred (100) gallons. (Ix) Waterbased activities, including the following: 

### (AA) Activities associated with the treatment ofwastewater streams with an oil and grease content less than or equal to one percent (1%) by volume. (BB) Water run-offponds for petroleum coke-cutting and coke storage piles. 

### (CC) Activities associated with the transportation and treatment of sanitary sewage, provided discharge to the treatment plant is under the control ofthe owner or operator, that 

### 19Dnn #10-505 GHG Tailoring Rule

December I, 2010 

### is, an on-site sewage treatment facility. This does not include sanitary sludge incineration. 

### (DO) Any operation using aqueous solutions containing Jess than or equal to one percent (I%) by weight ofVOCs excluding HAPs. (EE) Water based adhesives that are less than or equal to five percent (5%) by volume of VOCs excludingHAPs. (FF) Noncontact cooling tower systems with eitberofthe following: (aa) Natural draft coolingtowers not regulated under aNESHAP. (bb) Forced and induced draft cooling tower systems not regulated under a NESHAP. (GG) Quenching operations used with heat treating processes. Oil, grease, or VOC content shall be determined by a test method acceptable to the department and the U.S. EPA. (x) Repair activities, includingthe following: (AA) Replacement or repair ofelectrostatic precipitators, bags in baghouses, and filters in other airfiltration equipment. (BB) Heat exchanger cleaning and repair. (CC) Process vessel degassing and cleaning to prepare for internal repairs. (xi) Trimmers that:

. 

### (AA) do not producefugitive emissions; and (BB) 

### are equipped with a dust collection or trim material recovery device, such as a bag filter orcyclone. (xii) Stockpiled soils from soil remediation. activities that are covered and waiting transport for disposal. (xiii) Paved and unpaved roads and parking lots with public access. (xiv) Conveyors as follows: 

### (A.<\..) Covered conveyors forsoEd raw materia!, !!!c!!..!di!!gthe 

### fo!!ow!ng: (aa) Coal or coke conveying ofless than or equal to three hundred sixty (360) tons per day. (bb) Limestone conveying of less than. or equal to seven thousand two hundred 

### (7,200) tons per 

### day for sources other than mineral processing plants constructed afterAugust 31,1983. (BB) Uncovered coal or coke conveying ofless than or equal to one hundred twenty (120)
tons per day. (CC) Underground conveyors. (DD) Enclosed systems for conveying plastic raw material and plastic finished goods. (xv) Coal bunker and coal scale exhausts and associated dust collector vents.

. (xvi) Asbestos abatement projects regulated by 326 lAC 14-10. 

### (xvii) Routine maintenance and repair ofbuildings, structures, or vehicles at the source where air emissions from those activities would not be associated with any production process, including the

.following: (AA) Purging ofgas lines. (BB) Purging ofvessels

.. (xviii) Fluegas conditioning systems and associated chemicals, such as the following: (AA) Sodium sulfate. (BB) Ammonia. (CC) Sulfurtrioxide. 

### (xix) Equipment used to collect 

### any material that might be 

### released during a malfunction, process upset, or spill cleanup, includingthe following: (AA) Catch tanks. (BB) Temporary liquid separators. (CC)Tanks. (DD) Fluid handling equipment. 

## 20Drm #10-505 GHG Tailoring Rule

December 1,2010 (xx) Blowdown for the following: (AA) Sight glass. (BB) Boiler. (CC) Coolingtower. (DD) Compressors. (EE) Pumps. (xxi) Furnaces used for melting metals otherthan beryllium with a brim full capacity equal to or less than four hundred fifty (450) cubic inches by volume. 

### (xxii) Activities associated with emergencies, including the following: (AA) On-site fire training approved by the department. (BB) Emergency generators as follows: (aa) Gasoline generators not exceeding one hundred ten (110) horsepower. (bb) Diesel generators not exceeding one thousand six hundred (1,600) horsepower. 

### (cc) Natural gas turbines or reciprocating engines not exceeding sixteen thousand (16,000) horsepower. (CC) Stationary fire pump engines. 

### (xxiii) Grinding and machining operations controlled with fabric filters, scrubbers, mist collectors, wet collectors, and electrostatic precipitators with adesign grain loading ofless than or equal to three one-hundredths (0.03) grains per actual cubic foot and a gas flow rate less than or equal to four thousand (4,000) actual cubic feet per minute, including the following: (AA) Deburring. (BB) Buffing. (CC) Polishing. (DO) Abrasive blasting. (EE) Pneumatic conveying. (FF) Woodworking operations. (xxiv) Purge double block and bleed valves. 

### (xxv) Filter or coalescermedia changeout. (xxvi) Vents from ash transport systems not operated at positive pressure. (xxvii) Mold release agents using low volatile products (vapor pressure less than or equal to two (2) kilo Pascals measured at thirty-eight (38) degrees Centigrade). (xxviii) Farm operations, except concentrated animal feeding operations as defined in 40 CFR 122.23. (xxix) Woodworking equipment controlled by a baghouse provided that the following criteria are 

### met: (AA) The baghouse does not exhaust to the atmosphere greater than one hundred twentyfive thousand (125,000) cubic feet per minute. (BB) The baghouse does not emit particulate matter with a diameter less than ten (l0) microns in excess ofthree-thousandths (0.003) grain per dry standard cubic feet ofoutlet air. (CC) Opacity from the baghouse does not exceed ten percent (10%). (DO) The baghouse is in operation at all times that the woodworking equipment is in use. (EE) Visible emissions from the baghouse are observed daily using procedures in 

### accordance with 40 CFR 60, Appendix A, Method 22* and normal or abnormal emissions

are recorded. In the event abnormal emissions are observed for greater than six (6) minutes in duration, the following shall occur: (aa) The baghouse shall be inspected. (bb) Corrective actions, such as replacing or reseating bags, are initiated, when necessary. (FF) The baghouse is inspected quarterly when vented to the atmosphere. (GG) The owner or operator keeps the following records: 

### (aa) Records documenting the date when the baghollse redirected indoors or to the atmosphere. 

### 21Drm #10-505 GHG Tailoring Rule

December 1, 20I0 (bb) Quarterly inspection reports, when vented to the atmosphere. (cc) Visible observation reports. 

### (dd) Records ofcorrective actions. (xxx) Woodworking equipment controlled by a baghouse provided that the following criteria are met: (AA) The baghouse does not exhaust to the atmosphere greater than forty thousand (40,000) 

### cubic feet perminute. (BB) The baghouse does not emit particulate matter with a diameter less than ten (10) microns in excess ofone-hundredth (0.01) grain per dry standard cubic feet ofoutlet air. (CC) Opacity from the baghouse does not exceed ten percent (10%). (DD) The baghouse is in operation at all times that the woodworking equipment is in use. (EE) Visible emissions from the baghouse are observed daily using procedures in accordance with 40 CFR 60, Appendix A, Method 22* and normal or abnormal emissions



### are recorded. In the event 

### abnormalemissions are observed for greater**t~an** 

### six (6) minutes in duration, the following shall occur: (aa) The baghouse shall be inspected. (bb)**~orrectjve** actions, such as replacing or reseating bags, are initiated, when necessary. (FF) The baghouse is inspected quarterly when vented to the atmosphere. (GG) The owneror operatorkeeps the following records: (aa) Records documenting the date when the baghouse redirected indoors or to the atmosphere. (bb) QuarterlY inspection reports, when vented to the atmosphere. (cc) Visible observation reports. (dd) Records ofcorrective actions. 

### (22) "Major source" means any stationary source or any group ofstationary sources as described in this subdivision. 

### FOi purposes ofclauses (B) ar:.d (C), th:.:: term sh"H ::ich.lGC any group ofstnt:om::ry sources that are located en one (1)


### ormore contiguous or adjacent properties 

### and are undercommon control ofthe 

### same person (or persons undercommon control) belongingto asinglemajor industrial**grouping~** 

### In addition, forthe purposes ofdefining major source in clause (B) or (C), a stationary source or group ofstationary sources shall be considered part ofa single industrial grouping if 

### all ofthe pollutant-emitting activities at the source or group ofstationary sources on contiguous or adjacent properties belong to the same major group (that is,. all have the same two (2) digit code) as described in the Standard Industrial Classification Manual, 1987*. For purposes of clauses (B) and (C), any stationary source (or group of stationary 

### sources) that supports another source, where both are under common control ofthe same person (or persons under cominon control) and are located on contiguous or adjacent properties, shall be considered a support facility and part of the same .source regardless ofthe two '(2) digit SIC code for that support facility. A stationary source (or group of

. stationary sources) is considered a support facility to a source ifat least fifty percent (50%) ofthe output ofthe support facility is dedicated to the source. The term includes the following: (A) A major source under Section 112 ofthe CAA, which is defined as follows: (i) 

### For pollutants other than radionuclides, any stationary source or group of stationary sources located within acontiguous area and under common control that 

### emits or has the potential to emit, in the aggregate: (AA) ten (10) tons peryear (tpy) or more ofany HAP that has been listed in Section 112(b) oftheCAA; (BB) twenty-five (25) tpy ormore ofany combination ofsuch HAPs; or (CC) such lesserquantity as the U.S. EPA may establish by rule. (H) Notwithstanding item (i): 

### (AA) .emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether the units or stations are major sources; and (BB) research and development activities may be considered separately for purposes of 

### 22Drm #10-505 GHG Tailoring Rule

December 1, 20I0 

### determining whether a major source is present and need not be aggregated with collocated stationary sources unless the research and development activities contribute to the product 

### produced or service rendered 

### by the collocated sources in amorethan de minimis manner. (iii) Forradioquclides, major source shall have the meaning specified by the U.S. EPA by rule. (B) A major stationary source ofair pollutants, as defined in Section 302 ofthe CAA, that directly emits or has the potential to emit, one hundred (100) tpy or more ofany regulated air pollutant subject to regulatiou (including any major source offugitive emissions ofany such pollutant, as determined by the U.S. EPA by 

### rule). The fugitive emissions ofastationary source shall notbe considered in determining whether it 

### is amajor stationary source for the purposes of Section 302(j) ofthe CAA unless the source belongs to one (I) ofthe 

### following categories 

### ofstationary sources:

. (i) Coal cleaning plants (with thermal dryers). (ii) Kraft pulp mills. (iii) Portland cement plants. (iv) Primary zinc smelters. (v) Iron and steel mills. 

### (vi) Primary aluminum ore reduction plants. (vii) Primary copper smelters. 

### (viii) Municipal**incinerators~** 

### or ·combinations ofmunicipal incinerators, capable ofcharging more than fifty (50) tons ofrefuse per day

.

. (ix) Hydrofluoric, sulfuric, or nitric acid plants.

(x) Petroleum refineries. (xi) Lime plants. (xii) Phosphate rock processing plants. (xiii) Coke oven batteries. (xiv) Sulfur recovery plants. (xv) Carbon black plants (furnace process). (xvi) Primary lead smelters. (xvii) Fuel conversion plants. (xviii) Sintering plants. (xix) Secondary metal production plants. (xx) Chemical process plants. (xxi) Fossil fuel boilers (or combination thereof) totaling more than two hundred fifty million (250,000,000) British thermal units perhourheat input. (xxii) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand (300,000) barrels. 

### (xxiii) Taconite ore processing plants. (xxiv) Glass fiber processing plants. (xxv) Charcoal production plants. (xxvi) Fossil fuel fired steam electric plants ofmore than two hundred fifty million (250,000,000) 

### British thermal.units perhourheat input. (xxvii) Any other stationary source category regulated under Section III or 112 ofthe CAA and for which the U.S. EPA has made an affirmative determination under Section 302(j) ofthe CAA. (C) A major stationary source as defined in Pm1 D ofTitle Iofthe CAA, includingthe following: (i) 

### For ozone nonattainment areas, sourceswith 

### the potential to emit: (AA) one hundred (100) tpy or more ofVOC or oxides ofnitrogen in areas classified as 

### marginal ormoderate; (BB) fifty (50) tpy or more ofVOC or oxides ofnitrogen in areas classified as serious; (CC) twenty-five (25) tpy or more of VOC or oxides of nitrogen in areas classified as 

### severe; or (DD) ten (10) tpy or more ofVOC or oxides ofnitrogen in areas classified as extreme; except that the references in this item to one hundred (100), fifty (50), twenty-five (25), and ten (10) tpy ofnitrogen oxides shall not apply with respect to any source for which the U.S. EPA has made a 

## 23Drm #10-505 GHG Tailoring Rule

December 1,2010 finding, under Section 182(1)(1) or 182(1)(2) ofthe CAA, that requirements under Section J82(1) of the CAA do not apply.

. (ii) For ozone transport regions established under Section 184 ofthe CAA, sources with the potential
to emit fifty (50) or more tpy ofVOC. (iii) 

### Forcarbon monoxide nonattainment areas: (AA) that are classified as serious; and (BB) 

### in which 

### stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the U.S. EPA;

sources with the potential to emit fifty (50) tpy or more ofcarbon monoxide. 

### (iv) For particulate matter PM IO 

### nonattainment areas classified as serious, sources with the potential
to emit seventy (70) tpy or more ofPM". (23) "Part 70 permit" or "permit" means any Part 70 permit or group ofPart 70 permits authorizing the operation ofa 

### Part 70 source that is issued, renewed, amended, or revised underthis rule. (24) "Part 70 pennit modificationr ' 

### means arevision to aPart 70 permitthat meets therequirements ofsection" 

### 12 ofthis rule.

. (25) "Part 70 permit program costs" means all reasonable (direct and indirect) costs required to develop and administer



### a Part 70 

### permit program, as set forth in section]9 ofthis rule (whether the costs are incurred by 

### the commissioner or other state or local agencies that do not issue Part 70 permits directly, but that support Part 70 permit issuance or 

### administration). (26) "Part 70 

### permitrevision" means any Part70 permit modification oradministrative Part 70 pennit amendment. (27) "Part 70 program" means the operating permit program established by this rule and approved by the U.S. EPA under40CFR 70*

.. 

### (28) "Part 70 source" means any source subjectto the permitting requirements as provided in section 2 ofthis 

### rule. (29) tlPotentiaI to emit" means the maximum capacity ofastationary source to emit any air pollutantunder its physical and operational design. Any physical or operational limitation on the capacity ofa source to emit an air pollutant, h.cluding air poHut:on control equipment and rcstrjctions on hours of**opernt~on** or type or amount of materia! combusted, stored, or processed shall be treated as part ofits design ifthe limitation is enforceable by the U.S. EPA. -This term does not alter or affect the use ofthis term for any other purpose under the CAA, (or the term "capacity

factor" as used in Title IV ofthe CAA) (orthe regulations promulgated thereunder). (30) "Proposed Part 70 permit" means the version of a Part 70 permit that the commissioner proposes to issue aqd forwards to the U.S. EPA forreview in compliance with section 18 ofthis rule. (31) "Regulated air pollutant" means any ofthe following: (A) Nitrogen oxides orany

## vbc. (B) Any pollutant for which a national ambient air quality standard has been promulgated. (C) Any pollutantthat is subjectto any standard promulgated under Section III ofthe CAA. (D) Any Class Ior Class Il substance subject to a standard promulgated under or established by Title VI ofthe CAA. (E) Any pollutant subject to a standard promulgated under Section 112 ofthe CAA or other requirements established under Section 112 ofthe CAA, including Section lI2(g), I 12(j), and 112(r) ofthe CAA, includiug the following:

. (i) Any pollutant subject to requirements under Section 112(j)ofthe CAA. Ifthe U.S. EPA fails to promulgate a standard by the date established under Section 112(e) oftbe CAA, any pollutant for which a subject source would be major shall be considered to be regulated on the date eighteen (18) months afterthe applicable date established under Section 112(e) ofthe CAA. (ii) Any pollutant forwhich the requirements ofSection 1I2(g)(2) ofthe CAA have been met, but only with respect to the individual source subject to Section 112(g)(2) oftbe CAA. (32) "Regulated pollutant that is used only for purposes ofsection 19 ofthis rule" means any regulated air pollutant, exceptthe following:

. (A) Carbon monoxide.

(B) Any pollutantthat is a regulated airpollutant solely because it is a Class I or Class Il substance subject to a standard promulgated underorestablished by Title VI ofthe CAA. (C) Any pollutant that is a regulated airpollutant solely because it is subject to a standard or regulation under 

## 24Drm #10-505 GHG Tailoring Rule

December 

### J, 2010 Section ]]2(r) ofthe CAA. (D) Any pollutant emitted by an insignificant or trivial activity as defined in this rule. (33) "Renewal" means the process by which a Part 70 permit is reissued at the end ofits term. (34) "Responsible official" means the following: (A) For a corporation: (i) a president; (ii) a secretary; (iii) a treasurer; (iv) avice president ofthe corporation in charge ofaprincipal business function; (v) any other

### person who performs similar 

### policy ordecision making 

### functions for the 

### corporation; or (vi) a duly authorized representative of any person listed in this clause if the representative is responsible for the overall operation of one (1) or more manufacturing, production, or operating facilities applying for or subjectto a Part 70 permit and eitherthe: (AA) facilities employ more than two hundred fifty (250) persons Orhave gross annual sales

or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or (BB) delegation of authority to the representative is approved in advance by the commissioner. (B) For a partnership or sole proprietorship, a general partner or the proprietor, respectively. (C) For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official. As used in this clause, "principal executive officer of a federal agency" includes the chief executive officer having responsibility for the overall operations ofa principal geographic unit ofthe agency, for example, a regional administrator ofthe U.S. EPA. (D) For affected sources: (i) the designated representative for actions, standards, requirements, orprohibitions under Title IV of the CAA or the regulations promulgated thereunder; and (ii) the designated representative for any otherpurposes under a Part70 permit. (35) "Risk management plan" means a plan specified by Section I 12(r) ofthe CAA. (36) "Section 502(b)(I0) changes" means changes that contravene an express Part 70 permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable Part 70 permit terms and conditions that are monitoring (including test methods), record keeping, reporting, or compliance certification requirements. ·(37) ltState" means any non.federal permitting authority, including any local agency,_interstate association, or statewide .program. 'The tenn shall have its conventional meaning where the meaning is clear from the context. For purposes of the acid rain program, the term shall be limited to authorities within the forty-eight (48) contiguous states and the District ofColumbia as provided in Section 402(14) ofthe CAA. (38) "Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutantlisted under Section J12(b) ofthe CAA. 

### (39) "Subjectto regulation" means, for any airpollutant, that the pollutantis subject to either a provision in the CAA, or a nationally applicable regulation codified by the U.S. EPA in 40 CFR, Chapter I, Subchapter C, that 

### requires actual control ofthe quantity ofemissions ofthat pollutant, and that the control requirement has taken effect and is operative to control, limit, or restrict the quantity ofemissions ofthat pollutant released from that regulated activity, except as follows: (A) Greenhouse gases (GHGs), tbe air pollutant defined in 40 CFR 86.1818-12(a)*, as added by 75 FR 25686 (May 7, 2010), as the aggregate group of six (6) greenhouse gases shall not be subject to 

### regulation unless, as ofJuly 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit one hnndred thonsand (100,000) tpy CO, equivalent emissions (CO,c) or more. Pollntant GHGs includes the following: (i) Carbon dioxide. (ii) Nitrous oxide. (iii) Methane. (iv) Hydrofluorocarbons. 

## 25Drm #10-505 GHG Tailoring Rule

December 1,2010 (v) Perfluorocarbous. (vi) Sulfur hexafluoride. (B) "Tons per year (tpy) CO, equivalent emissions (CO,e)" shall represent an amount ofGHGs emitted and shall be calculated as follows: (I) Multiply the mass amount ofemissions in tpy for each ofthe six (6) greenhouse gases in the pollutant GHGs by the gas's associated global warming potential published in 40 C)'R 98, Subpart A, Table A-I (Global Warming Potentials)*, as added by 74 FR 56395 (October 30, 2009). (ii) Sum the resultant value from item (i)for each gas to compute a tpy CO,e. 

### f.l9'i (40) "Technology-based emission limit" means any enforceable condition that is derived solely or in part from the capabi,lities ofman-made equipment orprocesses, including, but not limited to, any requirement in a permitbased on: (A) RACT; (B) BACT; (C) maximum achievable control technology (MACT); (D) lowest achievable emissions reduction (LAER); (E) generally available control technology. (GACT); (F) best available retrofit technology (BART); (G) any manufacturers' specifications; or (H) the sources' physical potential to emit; unless the applicable requirement 

### was relied 

### upon in a formal attainment demonstration supporting a SIP approved 

### by the U.S. EPA under Section llO(a)(2)(K)ofthe CAA. f4{)) (41) "Trivial activity" has any ofthe following meanings, subject to clauses (A) and (B), specified in clauses (e) through (S), as follows:'··· (A) A change in a source's trivial activities or the addition of a trivial activity shall not constitute a modification for purposes ofsection 12 ofthis rule, ifthe new activity ormodified activity: 

### (0 meets the definition oftdvia! actfvity cfthis subdivision; (ii) has all applicable requirements and associated monitoring in the current permit; and (iii) is not a modification under any provision ofTitle I ofthe CAA. (B) Trivial activities do not need to be included in a permit application required under this rule or 326 lAC 2- 8, provided that the applicant documents applicable requirements and compliance status as required by section 4 ofthis riJle. Upon request, the applicant shall submit any infonnation necessary to fulfill the requirements of this rule or326 lAC 2-8. (C) Any activity oremission unit: (i) not regulated by a NESHAP, With potential uncontrolled emissions that are equal to or less than

one (I) pound per day on an emission unit basis for any single HAP orcombination ofHAPs; and (ii) for which the potential uncontrolled emissions meet the exemption levels specified in the following: (AA) For lead or lead compounds measured as elemental lead, potential uncontrolled emissions that are equal to or less than one (I) pound perday. (BB) For carbon monoxide (CO), potential uncontrolled emissions that are equal to or less than one (I) pound per day. (CC) For sulfur dioxide, potential uncontrolled emissions that are equal to or less than one (I) pound perday. (DD) For YOC, potential uncontrolled emissions that are equal to or less than one (I) pound perday. (EE) For nitrogen oxides (NO,), potential uncontrolled emissions that are equal to or less than one (I) pound perday. (FF) For particulate matter with an aerodynamic diameter less than or equal to ten (10) micrometers (PM IO), potential uncontrolled emissions that are equal to or less than one (1) pound per day. (D) Waterrelated activities, including the following: (i) Production ofhot water for on-site personal use not related to any industrial orproduction process. 

## 26Drm #10-505 GHG Tailoring Rule

December I, 2010 (ii) 

### Water treatment activities used to provide potable and process water for the plant, excluding any 

### activities associated with wastewatertreatment. (iii) 

### Steam traps, vents, leaks, and safety reliefvalves. (iv) Cooling ponds. (v) Laundry operations using only water solutions ofbleach or detergents. 

### (vi) Demineralized water tanks and demineralizer vents. 

### (vii) Boiler water treatment operations, not including cooling towers. (viii) Oxygen scavenging (deaeration) ofwater. 

### Ox) Steam cleaning operations and steam sterilizers. (x) Pressure washing ofequipment. (xi) Waterjetcutting operations. (E) Combustion aciivities, including the following: (i) Portable electrical generators that can be moved by hand from one (I) location to another. As used 

### in this item, "moved by handll 

### means that 

### it can be moved withoutthe assistance ofany motorized or nonmotorized vehicle, conveyance, or device. (ii) 

### Combustion emissions from propulsion 

### ofmobile sources. (iii) Fuel use relafed to food preparation for on-site consumption. 

### (iv) Tobacco smoking rooms and areas. (v) B·lacksmith forges. 

### (vi) Indoor and outdoor kerosene heaters. (F) Activities related to ventilation, venting equipment, and refrigeration,-including the following: (i) Ventilation exhaust, central chiller water systems, refrigeration, and air conditioning equipment, not related to any industrial or production process, including natural draft hoods or ventilating 

### systems that do not remove air pollutants. (ii) Stack and vents from plumbing traps used to prevent the discharge of sewer gases, handling domestic sewage only, excluding those at wastewater treatment plants or those handling any 

### industrial waste. (iii) Vents from continuous emissions monitors and other analyzers. 

### (iv) Natural gas pressure regulator 

### vents, excluding venting 

### at oB and gas production 

### facilities. (v) Air vents from air compressors. (vi) Vents for air cooling ofelectric motors provided the air does not commingle with regulated air pollutants. (vii)**Vent~** from equipment used to air blow water from cooled plastics strands or sheets. 

### (0) Activities related to routine fabrication, maintenance, and repair ofbuildings, structures, equipment, or vehicles at the source where air emissions from those activities would not be associated with any commercial production process, includingthe fonowing: (i) Activities associated with the repair and maintenance of paved and unpaved roads, including paving or sealing, or both, ofparking lots and roadways. (ii) 

### Painting, including interior and exterior painting of buildings, and solvent use excluding degreasing operations utilizing halogenated organic solvents. (iii) Brazing, soldering, or welding operations and associated equipment. (iv) Portable blast-cleaning equipment with enclosures. 

### (v) Blast-cleaning equipment using water as the 

### suspension agent and associated equipment. (vi) Batteries and battery charging stations except at battery manufacturing plants. (vii) Lubrication, including the following: (AA) Hand-held spray can lubrication. (BB) Dipping metal parts into lubricating oil. (Ce) Manual or automated addition ofcutting oil in machining operations. 

### (viii) Nonasbestos insulation installation orremoval. (ix) Tarring, retarring, and repair ofbuilding roofs. (x) Bead blasting ofheater tubes. 

### (xi) Instrument air dryer and filter maintenance. 

### 27Drm #10-505 GHG Tailoring Rule

December 1,2010 (xii) Manual tank gauging; 

### (xiii) Open tumblers associated with deburring operations in maintenance shops. (H) Activities performed using hand-held equipment, including the following: (i) Application ofhot melt adhesives with no VOC in the adhesive formulation. (ii) Buffing. (iii) Carving. (iv) Cutting, excluding cutting torches. (v) Drilling. (vi) Grinding. (vii) Machining wood, metal, orplastic. 

### (viii) Polishing. (ix) Routing. (x) Sanding. (xi) Sawing. (xii) Surface grinding. 

### (xiii) Turning wood, metal, orplastic. (I) Housekeeping andjanitorial activities and supplies, includingthe following: (i) 

### Vacuum cleaning systems used exclusively for housekeeping or

### custodial activities, or both. (ii) Steam cleaning activities. (iii) Restrooms and associated cleanup operations and supplies. (iv) Alkaline orphosphate cleaners and associated equipmenL (v) Mobile floor sweepers and floor scrubbers. (vi) Pest control fumigation. (J) Office related activities, including the following: (i) Office supplies and equipment. 

### (::) Photocopying equipment and associated supplies. (iii) Paper shredding. (iv) Blueprintmachines, photographic equipment, and associated supplies. (K) Lawn care and landscape maintenance activities and equipment, including the storage, spraying, or 

### application ofinsecticides, pesticides, 'and herbicides. (L) Storage equipment and activities, includingthe following: (i) Pressurized storage tanks and associated piping for the following: (AA) Acetylene.' .'

. (BB) Anhydrous ammonia. (CC) Carbon monoxide. (DD) Chlorine. (EE) Inorganic compounds. (FF) Liquid petroleum gas (LPG). (GG) Liquid natural gas (LNG). (HH) Natural gas. (lI) Nitrogen dioxide. (JJ) Sulfur dioxide. 

### Oi) Storage tanks, vessels, and containers holding orstoring liquid substances that do not contain any VOCorHAP. (iii) Storage tanks, reservoirs, and pumping and handling equipmentofany size containing: (AA) soap; (BB) vegetable oil; (CC) grease; (DD) wax; (EE) animal fat; and (FF) nonvolatile aqueous salt solutions; 

### provided appropriate lids and covers are utilized. 

## 28Dnn #10-505 GHG Tailoring Rule

December 1,2010 

### (iv) Storage ofdrums containing maintenance raw materials. (v) Storage ofthe following: (AA) Castings. (BB) Lance rods. (CC) Any non-HAP containing material in solid form stored in a sealed or covered 

### container. (vi) Portable. containers used for the collection, storage, or disposal of materials provided the 

### container capacity is equal to or less than forty-six hundredths (0.46) cubic meters and the container is closed, except when the material is added or removed. (M) Emergency and standby equipment, includingthe following: (i) 

### Emergency (backup) electrical generators at**residentiallocations~** 

### such as dormitories, prisons, and hospitals. (ii) Safety and emergency equipment except engine driven fire pumps, including fire suppression 

### systems and emergency road flares. (iii) Process safety reliefdevices installed solely for the purpose ofminimizing injury to pcrsons or 

### damage to equipment that could result from abnormal process operating conditions, including the following: (AA) Explosion reliefvents, diaphragms, or panels

.. (BB) Rupture discs. (CC) Safety relicfvalves. 

### (iv) Activities and equipment associated with on-site medical care not otherwise specifically regulated. 

### (v) Vacuum-producing devices for the purpose 

### ofremoving potential accidental releases. (N) Sampling and testing equipment and activities, including the following: 

### (i) Equipment used for quality control/assurance or inspection purposes, including sampling equipmentused to withdraw materials for analysis. (ii) Hydraulic and hydrostatic testing equipment. (iii) 

### Ground watermonitoringwells and associated sample collection equipment. (iv) Environmental chambers not using HAP gases. (v) Shock chambers. (vi) Humidity chambers. (vii) Solar simulators. (viii) Sampling activities;including the following: (AA) Samplingofwaste

.

.(BB) Glove box sampling, charging, and packaging. 

### (ix) Instrument air dryers and distribution. (0) Use ofconsumerproducts and equipment where the product or equipment is: 

### (i) used at asource in the same manner as normal consumer use; and Oi) notassociated with any production process. (P) Equipment and activities related to the handling, treating, and processing of animals, including thc following: (i) Equipmentused exclusively to slaughter animals, but not including the following: (AA) Rendering cookers. (BB) Boilers. (CC) Heating plants. (DD) Incinerators. (EE) Electrical power generating equipment. 

### (ii) Veterinary operating rooms. (Q) Activities generating limited amounts offugitive dust, including the following: 

### (i) Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes under subdivision (22)(B), and any required fugitive dust control 

### plan or its equivalent is submitted. 

## 29

### ·Drm#10-505 GHG Tailoring Rule

December I, 2010 (ii) Soil boring. (iii) Road salting and sanding. (R) Activities associated with production, including the following: (i) Closed, nonvented tumblers used for cleaning or deburring metal products without abrasive blasting. (ii) Electrical resistance welding. (iii) CO2 

### lasers, used only on metals and othermaterials that do not emitHAPs in the process. (iv) Lasertrimmers that: (AA) do notproduce fugitive emissions; and (BB) are equipped with a dust collection device, such as a bag filter, cyclone, or equivalent 

### device. (v) Application equipmentforhot melt adhesives with no VOC in the adhesive formulation. (vi) Drop hammers or hydraulic presses for forging ormetalworking. (vii) Air compressors and pneumatically operated equipment, including hand tools. (viii) Compressor orpump lubrication and seal oil systems. (ix) Equipment used to mix and package: (AA) soaps; (BB) vegetable oil; (CC) grease; (DD) animal fat; and (EE) nonvolatile aqueous saltsolutions; 

### provided appropriate lids and covers are utilized. (x) Equipment for washing ordrying fabricated glass or metal products, ifno: (AA) VOCs or HAPs are used inthe process; and (BB) gas, oil, orsolid fuel is burned. (xi)H<:i.jidHng ofsoHd stcc!, 

### ;;lduding ccHs arid s!abs, cxch.:ding scrnp burn::1g, scarfir:g, and charg:ng 

### into steelmakingfurnaces and vessels. (S) Miscellaneous equipment, but not emissions associated with the process for which the equipment is used, and activities, including the following: (i) Equipment used for surface coating, painting, dipping, or spraying operation, except those that will emitVOCs orHAPs. (ii) Condensate drains for natural gas and landfill gas. (iii) 

### Electric or steam 

### heated drying 

### ovens and 

### autoclaves, including only the heating emissions and notany associated

### process emissions. ' (iv) Salt baths 'using nonvolatile salts, including caustic solutions that do not result in 

### emissions of' any regulated airpollutants. (v) Ozone generators. (vi) Portable dust collectors. 

### (vii) Scrubber systems circulating water based .solutions ofinorganic salts or bases that are installed to be available forresponseto emergency situations. (viii) Soil borrow pits. (ix) Manual loading and unloading operations. (x) Purging ofrefrigeration devices using a combination ofnitrogen and CFC-22 (R-22) as pressure test media. 

### (xi) Construction and demolition operations. (xii) Mecha,nical equipmentgear boxes and ventsthatare isolated from process materials. (xiii) Nonvolatile mold release waxes and agents. 

## f4l7 (42) "U.S. EPA" means the administrator of the United States Environmental Protection Agency or the 

### administrator's designee.

*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 

### 30 (

i'.Dnn #10-505 GHG Tailoring Rule

December 1, 20I0



### Environmental Management, Office ofAir Quality, lndiana Government CenterNorth, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
**Copies ofthese documents may be obtained fi'om the Government Printing Office, 732 North Capitol StreetNW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department ofEnvironmental Management, Office ofAir Quality, Indiana Government CenterNorth, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

### (AirPoill/lion ControiBoard; 326

### lAC2-7-I;fi/edMay25, 

### 1994, 11:00a.m.: 17IR 2249;fi/edDec 19, 1995, 3:05p.m.: 191R 1051; erratafi/edApr9,1996,2:30p.m.: 191R2045;fi/edMay 31, 1996,4:00p.m.: 191R 2856;fi/edApr22,1997,2:00p.m.: 20lR 2326;

### filedNov25, 

### 1998, 12:

### l3p.m.: 221R 1020; erratafi/edMay 12, 

### 1999, l!:23 

### a.m.: 22 

### lR 3106;fi/edDec 20,2001, 4:30p.m.: 251R 1573;fi/edOct 1, 

### 2010, 3:48

### p.m.: 20101027-1R-326070372FRA)



### 31

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## Rule: Agency: Subject: 

# Rule Signature Page

LSA#IO-SOS(F) AirPollutionControl Board Prevention ofSignificantDeterioration and Title V 

## Greenhouse Gas Tailoring Rule

# ::onE~ Jam 

# MiI1e;Ji
Chairman Air Pollution Control Board

APPROVED AS TO FORM AND LEGALITY:



## By: Greg Zoeller Attorney General, StateofIndiana

APPROVED:



## By: Mitchell 

## E. Daniels, Jr. Governor, State ofIndiana

ACCEPTED FOR FILING:



## By: IndianaRegister Legislative Services Agency Date: 

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### 80315-5726503 General FormNo. 99P (Rev. 2009A)



### INDDEPT OF ENVIRONMENTAL MANA

MARION COUNTY, INDIANA To: INDIANAPOLIS NEWSPAPERS 307 N PENNSYLVANIA ST

- PO BOX 145 INDIANAPOLIS, IN 46206-0145

PUBLISHER'S 

## CLAIM

LINE COUNT Display Matter

- (Mustnotexceedtwo actual lines, neitherofwhich shall total more than four solidlines ofthetype inwhich the body ofthe advertisement is set).

- number ofequivalent lines Head

- Numberoflines Body

- Numberoflines Tail

- Numberoflines Total numberoflines in notice

COMPUTATION OFCHARGES 

### 126.0 lines 

### 2.0 columns wideequals 

### 252.0 equivalent lines at 

### .446 cents perline Additional charge for notices containingrule and figure work

### (50 percent ofabove amount) Charges for extraproofs ofpublication 

### ($1.00 foreachproofin excess oftwo) TOTALAMOUNT OF CLAIM 

### $,

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

.00 $

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### "'2=.3""9

DATAFORCOMPUTING COST Width ofsingle column 5.8 ems Numberofinsertions 

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Pursuantto the provisions andpenalties onc 5-II-I

### 0-1, I hereby certify thatthe foregoing account is justand correct, thatthe amount claimed is legally due, after allowing alljustcredits, andthatno partofthe same has beenpaid.

Ialso certify thatthe printed matter attachedhereto is a true copy, ofthe same column width and type size, which was duly published in said paper 

### 1 times. The dates ofpublicationbeing betweenthe dates of:



### 10/29/2010 and 

### 10/29/2010
Additionally, the statement checked below is true and correct:

. Newspaperdoes nothave a Web site. 

## ::;rNewspaperhas a Web site and this public notice was posted onthe same day as itwas published in the newspaper _Newspaperhas a Web site, butdue to a technical problem orerror, public notice was postedon

_

_ Newspaperhas a Web site butrefuses to postthe public notice.

DATE: 

### 10/29/2010 Title: Clerk

### INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN 

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# LEGAL ADVERTISING

An invoice for this ad 

### will be sent at the end of the month. Please forward this ad to person**resp~)Osible** 

### for payment.



# AMOUNT 

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CLARK County, Indiana To: THE EVENING NEWS 221 SPRING STREET JEFFERSONVILLE. IN 47130


### PUBLISHER'S CLAIM General FOllTl No. 99P (Rev. 2009A)

Pursuant to the provisions and penalties of Ie 5-11 1**O~** 1, I hereby certify that the foregoing account is just and correct, that the amount claimed is legallydue, after allowing all just credits, and that no part ofthe same has been paid. COMi;UTNION OF CHARGES 

## 0 

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

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-- numberof equivalent lines Head

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IN THE SUM OF $ _ I have examined Iha within claim and hereby certify as follows:

That it is in properform.

That itis dulyauthenticated as required by law.

That it is based upon statutory authority.

correct That it is apparently incorrect

I certify that tha within claim is true and correct; that the servieas there in itemIZed and forwhich charge is made were ordered by meand were necessary to the publlc 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 at 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 to receive public com- ments prior to the proposed actions. All interested persons are invited and wlU be given reason- able opportunity to express their views can· 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 Government**Center~North,** 100 North Senate Avenue, 10th floor-East wing, Indianapolis, Indiana**~t?g'p4,** _Legislative Serv- "\Ces Agency, Indiana Government CenterNorth, 100 North Senate,
: Avenue, Room N201, Indianapolis, Indiana 46204. Indiana Department of Environmental Management, Northwest Office, 8380 Louisiana Street, Merrillville, IMiana 46410. Indiana Department of Environmental Management, Northern Office, Suite 450, 300 N. Michigan Street, South Bend, Indiana 46601. Indiana Department of Environmental Management, SOUthWC3t Office, 1120 North Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567-0128. Indiana Department of Environmental Management, Southeast Office, 620 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, Fort 

### Wayne, li1diar.a 4CGG"2;-' 'Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Blvd., Evansville, Indiana 47713. Board documents may be viewed and downloaded from the Indiana Department of En· vironmental Management's Web site as early as one week prior to the meet.ing at http://www.in.govlidem/4 710.htm. The following rules are noticed for hearing and action: N02 and 802 Standards (LSA #10-495). The pur· pose 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 qualitystandards for nitrogen dioxide (N02) and sulfur dioxide (S02). For additional information concerning this rule contact Manda Clevenger at the Indiana Department of Environmental Management. Office of Air Quality, Room 1003, Indiana Government Center North. 100 North Senate Avenue, Indianapolis 3t {317} 232· 8229 or (800) 451-6027 (ext.**2~8229)(in** Indiana), ormcleveng@idem.in.gov Greenhouse Gas**Tailor~** Ing (LSA #10-505). The purpose of this hearing is to receive pUblic comment on amendments to 326 lAC 2, concernin9 the prevention of signifl" cant deterioration and Title Vgreenhouse gas tailoring rule that are**pro~** posed -for adoption by the board. This draft rule amends language in the permitting rules to ensure greenhouse gases are regulated at the appropriate thresholds. For additional information concerning this rule contact Susan Bern at the Indiana Department of Environmental Management, Office of Air Quality, Room 1003, Indiana Government Center North, 100 North Senate Avenue, Indianapolis at (317) 233-5697 or (800) 451-6027 (ext 3-5697)(in Indiana), or sbem@idem.in.gov. Compliance Monitoring**(LSA#05~33-0).** The purpose of this hearing is to receive. public comment
on amendments to 326 lAC 3, concerning com· pliance monitoring requirements that is**pro~** posed for preliminary adoption by the board. The draft rule clarifies and updates compliance monitoiing rule language and streamlines certain requirements. For additional information concerning this rule contact Susan Bem at the Indiana Department of Environl1lental Management, OffiDe of i,ir QUality, Room 1003, Indiana Government Center North, 100 North Senate Avenue. Indianapolis at (317) 233-5697 or (800) 451-6027 (ext. 3-5697)(;n 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 hearings shall be open to public inspection at the Indiana**Deoart~ent** of Environme':Jtal Management; copIes may be made available to any person upon Plilyment of 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, Chief Rule and State**Imple~** mentation Plan Development Section Office of Air 9uality Individuals requirIng reasonable accommodations for participation in this event should contact the Indiana, Oepartrrient of Environmental Management, 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

minimum of 72 hours=:**notific~tion.**

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Size oftype 7.0 point. 601·45th Avenue, Munster, IN 46321 To: The Times Media Company



### PUBLISHER'S CLAIM 

# ...........!.Q.SIJ1

. (Governmental Unit)

Lake County, Indiana

DATA FOR COMPUTING COST Width of single column in picas 9p4 Number of insertions 1 COMP}.lTA);ION OF CHARGES 

# l':- .!<:'.r..<Aines,

..../...

.. columns wide equals

# 1"':~'qUiValent lines at 35.4 cents per line

. Additional charges for notices containing rule ortabularwork (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 LINE COUNT Display Master (Must not exceed two actual lines, neither ofwhich shall total more than four solid Iines.of the type in which the body ofthe advertisement is set)

.. number of equivalent lines Head

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.. number of lines •••••••.••••••••••••••••••••.••••••• Tail

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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 ofthe same has been paid.

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

# ~~i.c~.~a~.d.uly.**~U.bli.s~e.d.,nO~~~.e Tli:~s.oZO;'~b~in~.a.s.fo.llo~s:**  .

Additionally, the statement checked below is true and correct:



# _ <d llj·Z 130 

# mOl '

Kate Stephen

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## /liff;fI'I~j£iii'Vil·~;asi·d·will@i· Title: Legal Clerk

# Dateu..ek~r. 

# ......l!...

....,..'?9./0 ...... Newspaper does not 

### have a Web site

.

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.. 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 Website, but due to technical problem or error, public notice was posted on

..

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

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# " & Claim No. Wan'ant No.

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IN FAVOR OF

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ON ACCOUNT OF APEflOPRIATION FOR The TImes Media Company 601 W. 45th Avenue. Munster, IN.463:21
Appropriation No.

ALLOWED '

..' ."

iN THE SUM OF $**~~.** J have examined the within claim and hereby certify as follows:

That it is in properform.

That it is duly authenticated as required by law.

That it is based upon statutory authority.

correct That it is apparently incorrect

I certifythat the within claim is true and correct: that the services there in Itemized and for which charge is made were ordered by me and were necessaryto the public business

/".

## THE TIMES MEDIA COMPANY, MUNSTER, IN

legal Notice ofPublic

### Heari~~~: 

## I Under 40 CFR 51.102 notice I$'<

J hereby given that the Indiana Aii:: 

# I Polluhon Control Board (board) WilE.,; hold pUblic hearings at its regularly:' 

# Ischeduled meeting on**Wednesda'y~_-C** December 1, 2010. The meeting! will convene at 1:00 p.m. atthe Indi".t,! ana Government**Center-Soutfl;~\** Confe.rence Room C, 402**We~t;:** Washtngton Street, Indianapolis.**In~;+it** diana. The purpose of the**heaririQ~'::** is to receive public comments prlob to the proposed actions. All**jnter~:";~:n** ested persons are invited and wltl. be given reasonable opportunity 

### to' express their views concerning**th~,::'** proposed**actions..,~,** Copies of the draft and**propoS~_({** rules are available to any per$O"h, upon request and are available'fci(
: public inspection at the following**lo~** ,,' cations: I * Indiana Department of Environmental Management, Office of Air.' Qualily, Indiana Government Center-North, 100 North Senate Av-

. enue, 10th floor-East wing Indianapolis, Indiana 46204.'**'~<** 

## I * Legislative Services Agency, Indh;

. ana Government**Center~North,** 100«:

, North Senate Avenue, Room N201,:

Indianapolis, Indiana 46204. "'C':

Indiana Department of Environ- :';! mental Management, Northwest**ot.::~** fice, 8380 Louisiana Street Merrillville, Indiana 46410. '

Indiana Department of**Environ~** mental t>.:1anagement, Northern Office, SUlte 450, 300 N. Michigan: j 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, 820 West Sweet Street Browr'l* stown, Indiana 47220*955/* In-

. dianap?lisCentral Library, 40 Ea,sf,.! i St. ClaIr Street, Indianapolis Indian'a:) 46204. '::;

T Hammond Public Library S6M state Street, Hammond,**Indian~,:** 46320.
, ,"

Allen County Public Library, 

### gd LIbrary Plaza, Fort Wayne India 46802. '

- Evansville Vanderburgh Public brary, 200 SE Martin Luther King J BlVd., Evansville, Indiana 47713.

Board documents may be viewe ' and downloaded from the I Department of Environmen Management's Web site as early
one week prior to the meeting http·"WWWingovlidemL4Z1O.btm. l'he followmg rules are noticed f hearing and action:

N02 and S02 Standards (lS #10-(95). The purpose of this hear· ingis to receive public comment <> ' amendments to 326 lAC 1-3-4 t is proposed 'for adoption by t board. This draft rule amends t national ambient air quality standards for nitrogen dioxide (N02) an sulfur dioXide (802).

. .

,_ For**ad~itlonal** information**concem~** !:'Ing thIS rule

- contact Manda, ';'·Plevenger atthe Indiana**Depart~ .(~**  .meot 6f Environmental Manage-

.. l, ment,**Off~ce** of 'Air Quality, Roo :"

1003, IndIana Government Center;: 

# 11I7BIIB1Il11ll:a

__ North, '100 North Senate Avenue;:.; Indianapolis at (317) 232-8229 or

...**(~OO)** 451-6027 (ext.**2~229)~in In~.,~,**  dIana), or mc1ellenQ-@ldemJO.gill(;';i+': Greenhouse Gas Tailoring (l$A.\ #10·505). The purpose of this hear J
- . ing is to receive public comment 6n" amendments to 326 lAC 2,**con~ ~t,**  cerning the prevention of significant:§ deterioration and Title V**greenhou'~~~I'** gas tailoring rule that are**propos~,!!0** for adoption by the board.**TbJ~.;ID** draft rule amends language in**ttl"~,m** permitting rules to ensure green-**ti~.** house gases are regulated at**th~t** appropriate thresholds.**,~"**

For additional information**concem~,** i ing this rule contact Susan Bern af
: the Indiana Department of Environ*.:**}~~**

mental Management, Office of Aik Quality, Room 1003, Indiana Gov- ._':' emment Center North, 100 Nor1:h·': Senate Avenue, Indianapolis at;; (317) 233-5697 or (800) 451-6027." (ext. 3-5697)(in Indiana), 0["' sbem@.idem in goy. ";" Compliance Monitorln.g;: (lSAlt05430). The purpose of this,.- hearing is to receive public com- .;'1& ment on amendments to 326 lAC 3

....\ conceming compliance monitoring::', requirements that is proposed f<itt preliminary adoption by the**board~'·i** The draft rule clarifies and updates compliance monitoring rule lan-

. guage and streamlines certain**re~** quirements. "'of

For additional information**concem~~** ing this rule contact Susan Bern aL, the Indiana Department of Environmental Management, Office of Air· Quality, Room 1003,Ind1anaGovernment Center North, 100 North,. Senate Avenue, Indianapolis**a~%** (317) 233-5697 or (800)**451-602~~** (ext 3-5697)(in Indiana), or'1! sbem@jcfemingrot, ",

Forthese hearings, oral statements; will be heard, but for**th~** accuracy**~U** the record, please submIt slate- \1:; ments in 'Writing to the atlendallt}; designated 10 receive wrltten**com~ \~**  ments at the public hearing.**C~i;** A transcript of the hearings and alL; written submissions to the board at; the public hearings shall be open ,to;t pubhc inspection at the Indiana Oe·\ ; 

### I partment of Environmental**Manage~,:;** 

# I ment; copies may be made availa* t' ble to any person upon payment of.!: reproduction costs. Any person.;, heard or represented at the**hearinQ~~** or requesting notice shall be**given'~** written notice of the action of the;;,i board. .' Christine Pedersen, C Rule and State Implementation P Development Se Office of Air

Individuals requiring reasonable commodatlons for particlpatlo'n this eventshould contact the**Indi~** ! ana Department of Environme

Management, Americans with Oisa billties Act coordinator at:

. Attn: ADA Coordinator Indiana Derartment of Environmenta Management

100 N, Senate Avenue Indianapolis, IN 46204**,~,** or call (317) 233-1785. Speech a04·' hearing impaJred callers may con- " tact the aQency via the IndIana**Re~.:** .. lay ServIce at 1-800-743-333,3:- Please provide a minimum of 12Y hours' notification.**<~\'~ ...::10::12::1~-..::2::03::..4::7=59:.:6:..-** **~,**

# (

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# (Prescribed by State Board ofAccounts



# The Journal Gazette

Account 

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## 1060944

- 858813
Allen County, Indiana 

### Ind Dept Of Environmental Mgmt G N 

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Additional charges for notices containing ru e 

## (50 per cent of above amount) Charge for extra proofs of publication 

## ($1.00 for each proof in excess oftwo) 

### PUBLISHER'S CLAIM

LINE COUNT Display Master (Must not exceed two actual lin total more than four solid tines of the**lyrJlEf=il~~!!!J~E** 

### advertisement is set)

-- numberof equi Head

-- number of lines Body

-- numberof lines Tail-- numberof lines
Total numberof lines in notice 

## 178

COMPUTATION OF CHARGES 

## 178 lines, 

# 1 column(s) wide equ 

## 178 equivalent lines at 

## $ 0.371 66.04 

# w cr: W 

### I

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TOTAL AMOUNT OF CLAIM 

## $ 66.04

DATA FOR COMPUTING COST Width of single column in picas

.... 9.8 Size of type

.... 7point. Numberof Insertions

.... 1

Pursuantto the provisions and penalties of IC 

## 5-11-10-1, I hereby certifythat the foregoing account is just and correct, that the amount claimed is legallydue, after allowing all just credits, and that no part of the same has been paid.

I also certifythat the printed matterattached 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 Legal Clerk October 

## 20,2010 Date: Additionally, Newspaper has a Website and this public notice was posted on the same dayas it

was published in The Journai Gazette.Claim No, Warrant No,

IN FAVOR 0; I have examined Ihe within delln and hereby certify as follows:

That it is In properform.



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### APPROI'RI~TION**~:.:,:~~~**

Appropriation No.**:i:~>**

ALLOWEO

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IN THE SUM OF $.**/~.** That It Is dulyauthenticated as requi(Eld by taw.

That It is based upon statutory authority.

correct That it Is apparently Incorrect

I ceftlfy thai the within claim is 'ltue aM correct: that the seiv· lees there In itemized aM. forwhich charge Is made were ordered by me and were necessary 10 the public business

/.-......"

## THE JOURNAL GAZETTE, FT. WAYNE, IN

legal Notice of PUblic Hearing Undj:lT 40 CFR 51.102 notice is**here~ ~t.glVen**  that the Indiana Air Pollution' \.Mitrol Board. (board) will hold public heanflgs at Its regularly scheduled meeting on Wednesoay, December 1 2010. -The meeting will convene 

### at


## ee 1:OO p.m. at the Indiana Government

oter-South, Conference Room C 402, West Washinmon Street. Indian: apolls, lnplana. The,**purpos~** of the heanngs ,IS to receive Dubhe com- me'1ts prior to the proposed actions. All mtere!}ted persons are invited and will be gIVen reasonable oppqrtunity to express**t~eir** views concernIng the proposed·actIOns. Copies 9f the draft and proposed rules are avaIlable to any person uPon re- quest. and are available for public inspection at the following locations:
Indiana Department of Environmental tv1anagement, Office of Air Quality

.. Indiana Government**Center~North** 100 Nprth Se(late**A~nue,** ,10th floor-£ast Wing, Indianapolis, IndIana 46204. legislative Services Agencl' Indiana Government Center-Nonh 00 North**Sen~te** AVi?nue, Room N201,**Indian~** apolts, Indiana 46204.
Indiana Department of EnYironmental Mal1agement, Northwest Ottice 8380**~%'U1IB~a** Street, Merrillville, {ndiana

Indiana Department of EnVironmental 4 Msaonagement, Northern Office, Suite B ,300, N. 'Michigan Street. South

end, IndIana 4660l.
Indiana Department of Environmental M Nanagef1\ent, Southwest Office

... 1120 orth Vmcennes Avenue, P.v. Box 128h Petersburg, Indiana 47567- 0120.

Indiana Department of Environmental Management. Southeast Office, 820 West Sweet Street, Brownstown,**lndl~** ana 47220-9557. Indianapolis Central library, 40 East St. Clair Street, Indianapolis, Indiana**~6204.**
S Hammond Public library, 564 State treet, Hammond, Indiana 46320.
Allen County Public library, 900 li-**~~Y'02:laza,** Fort Wayne, Indiana

Evansville Vanderburgh Public**li~** brary. 200 SE MartinLuther King Jr. BlVd., Evansville, Indiana 47713.
Board documents may be viewed and downloaded from the Indiana Department of Environmental Management's Web site as early as one weeK prior to the meeting at http://www.ln.gov/idem/4710.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**amend~** ments to 326 lAC**1~3-4** that is pro- posed for adoption by the board. This C1raft rule amends the national ambieDt pir Quality standards for nitrogen diOXide (N02) and sulfur diOXide (S02). '

. For.additional information**concern~** 109 thiS ruJe contact Manda Clevenger at the IndIana Department of Environ· mental Mana/{ement, Office of Air Quality, Room 1003 Indiana Government center North, 100 North Senate Avenue, Indianapolis at (317)232·8229 or (800)451·6027 (ext,. 2-8229Hin Indiana), or mcleveng@idem.1n.gov.
Greenhouse Gas Tailoring (LSA #10- 505), The purpose of tnlS hearing is to recelve.p comment on amendments to 3 C 2. concerning the prevention 0 . , ant deterioration and Title V se gas tailoring rule that are for adoption by the board. ThiS ra t rule amends**lan~** guage in the permitting rules to**en~** sure greenhouse gases are regulated at the appropriate threshOlds.

For additional information concern· ing this rule contact Susan Bern at the Indiana Department of Environmental Mana@ment, Office of Air Quality, Room 1003. Indiana Government center North. 100 North Senate Avenue, Indianapolis at (317)**233~** 5697 or**(800)451~6027** (ext. 3- 5697)(io Indiana), or sbem@idem.in.gov.
Comfliance Monitoring**(LSA#05~** 330

. The purpose of this hearing is to receive pubhc comment on amendments to 326 lAC 3, concerning**com~** pliance monitoring requirements that IS proposed for preliminary adoption by the board. The draft rule clarifies and updates compliance monitoring rule .language and streamlines certain reQuIrements.

FOr additional information**concern~** log this rule contact Susan Bern at the Indiana Department of**Environ~** mental Management. Office of Air Quality. Room 1003/ Indiana Government center North, 00 North Senate Avertue, Indianapolis 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 record! please submit statements in writing 0 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' hearings shall be open to Dubhc inspection at the Indiana**De~** partment of Environmental Management; copies may be made available to alJy person uROn payment of**reprQ~** ductlon costs. Any person heard or represented at the -hearing or request- ing notice shall be given written no- Uce of the action of the board.
Christine Pedersen, Chief Rule and State Implementation Plan Development Section

###  ",** *91!if$'*~tf'ltR~~llty******** Individuals reQ.uiring reasonable**ac~** commodations tor participation in this event should contact the Indiana Department of Environmental Manage- mentij Americans with Disabilities Act coor inator 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~lired** callers may contact the agency via the Indiana Relay**Serv~** ice at 1-800-743-3333. Please pro- vide a minimum of 72 hours=**notifi~** cation. 10-20 85B813

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### by State Board ofAccounts 5534701
General Form No. 99P (Rev. 2009A)

XI16 Indiana Dept of Environmental Mgmt (Governmental Unit) To

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VANDERBURGH County, Indiana PO Box268, Evansville,lN 47702



## PUBLISHER'S

# CLA;;[fi5~illJ
LINE COUNT
, Display Master (Musl not exceed two actual lines, neitherofwhich shall total more than four solid lines ofthe type in which,the body ofthe advertisemeht is set)

- number of**equivalentline~** , 332 Head

- numberoflines 0 Body

-- numberoflines 332 Tail- number oflines 0 Total numberof lines in notice 332

73;57

, Siie oftype_--,-7

__point 5p8 COMPUTATION OF CHARGES 166 lines, 2 columns wide equals cents per line Additional charges for notices containing rule ortabularwork ofabove amount) "
, Charge forextra proofs of publication ($1.00 for each proofin'excess

### ~- ' TOTALAMOUNT OF CLAIM

DATA FOR COMPUTING COST 

### 'i Width ofsingle Column In picas Number ofinsertions '1 ATIACH C()PYOF C.LIPPING

HERE

Pursuantto the provisions and penalties of IC 5-11-10'1, I herebycertifythat theJoregoing account Is justandcOI;rect, that the amount claimed is legallydue, afterallowlng allJustcredils, ahd that no part ofthe,same ' has been paid: • '

I also certifythat the printed mailerattached hereto is a true copy, Gfthe same column width ahd

## jype size, which was duly published in said paper 

### l' 'times. 

### "The**d~tes** ofpublication being, as follows:

October 20, 2010

Newspaperdoes not have a Web site. Newspaperhas a Web site, and thispublionoticev;as posted on ,the same daY as itwas published' in the newspaper. "
, Newspaperhas a Web site, but due to technical problem orerror, pUblic noticewas posted on

...... Newspaperhas a Web site but refuses to postthe pUblic notice.

Date 

### 1111/10 Trtle • Accounting Clerk

ATIACHCOPY OF ADVERTISEMENT HERE

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### Thatitis'dulyauthenticated as required by law.**ttti~~1haOt** Is based upon statutoI)' authority.

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I certify thatthe'within clair;n is true and correct; that**the_~erv­ .~**  Initemized and for'llihich charge.is,m.adawere orc!ered



### andwere necessary

### toJoe public busihess

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### EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN

Legal Notice ofPublic He,aring '1; 

### ·r Under40 CFR 51.102 notice is h¥reby, -:\;(:; given thatthe IndianaAirPollution COI).,:.I trol Board {board) will hold public hear:"l1 logs atits regularly scheduled meeting'"::) onWednesday. December 1, 2010.**The,,~** meetingwill convene at 1:Oo-p.m.**aUhe,~.,:** Indiana Government Center-South. Con,'::. ference Room C, 402 WestWashington ,q Street, IndiansPQlis.lndiana. The pur-**:"~;!** pose ohhe hearings is to receive**pubhc,~.** comments prior to the proposed ae:**,',-,,,~,** tions. All interested persons are lnvlted,!m and will be -given reasonable opportu-**":i~'** oltyto expresst'1eirviews'concerning:.

### ji

. 

## 1

. the proposed actions. "',f Copies ofthe draft and proposed**rUl~/~I:'** are available to any person upon re·**"""i~** quest and are available for public in-' '.**,,~$'** spection atthe following I001tions:**,"f~** Indiana Departmentof**Envlronmental,',~l** Management, Office ofAir**Quality;ln-.;·~** diana GovernmentCenter·North; 100,··: i{ North Senate Avenue, 10thfloor-East. ,:**,~':** ,wing, Indianapolis, Indiana46204.. ",.
1**Le9lsla~ive** Services Agency, Indiana,**'i~'\,**

, Government Center·North.t 100**~orth.;,.)}.**

Senate Avenue, Room N2u1.-!ndlsnapp1'!'. i lis, Indiana 46204. '

Indiana DepartmentofEnvlronme ManagGment, Northwest Office" Louisiana Street, Merrillv1l1e, India 46410.

. indiana Departmentof**Envlronm~nt** Managemet:lt Northern Office,**SUl~e** 450, 300 N. lVIichigan Street, South;' Bend, Indiana 46601. Indiana DepartmentofEnvironment Management, SouthwestOffice, 112 NorthVincennes Avenue; P.O. Box " Petersburg, Indiana47567-0128. Indiana DepartmentofEnvironment Management, Southeast Office, 820' West'Sweet Street, Brownstown, In7;, diana 47220-9557. ' -, Indianapolis Central Library, 40 Eas ClairStreet, Indianapolis, India Hammpnd Public library, 564 Street, Hammond\Indiana 46320. Allen County Pub ic Library, 900 Plaza, FortWayneAndiana 46?02:,· ,,'::: Evansville Vanderburgh Public Llbrar, 200 SE Martin luther King Jr. Blvd.,v! Evansville; Indiana 47713. '

. Board documents may be viewed'art' downloaded from the Indiana Dep ment of-Environmental Manageme Web site as early as one week prior the meetinQ at**http:"~lJww.tn.govlideml4710.htm.** The following rules are noticed for**he<,,,,,~**

### W82a~~J~~2n~tandards (lSA t{10-

### ,1':1~' The purpose ofthis hearing isto re public commenton amendments to lAC 1-3-4 that Is Rroposed for adopt by the board. This draft rule amen the national ambie:nt airquality sta' dards for nitrogen dioxide (N02)**a~** sulfurdioxide (S02). ,.:: For additional information cancer this rulf# contactManda Clevenger Indiana DepartmentofEnvironme Management, Office ofAir Quality Room 1003: ,Indiana Government North, 100 North Senate Avenue, In dianapolis at (317) 232-8229 or (8001451-6027 {ext. 2-8229l(in Indial}

or mcleveng@idem.iQ.gov. ' 

### ":'''''1 Greenhouse Gas Tailoring (lSA#10- 505). The purpose ofthis hearing is to receive publiccommenton amend- " ments to 326 lAC 2, concerning the**pre~,.'** vention ofsignificantdeterioration and'-;:: litle Vgreenhouse gas tailoringTule
,.**'p~** that arc proposed foradoption by the ",1 board. This draft rule amends**languag~}** in the permitting rules to**ensure.green~:'.~** house gases are regulated atthe appro":,,,, priate thresholds. '.:\ Foradditional information concerning ,:' this rule contact Susan Bern atthe**In~ :~;**  diana DepartmentofEnvironmental'**.:",~** Management, Office ofAir Quality /',,; Room 1'003, hidiana Government**Cen~er;:\'** North, 100 North Senate-Avenue,ln-**:~-;'** dianapo!is at**13171233~5697** or , ::'< (800) 451·6027Iext. 3-5697l(in Indiana)/\i
or sbem@idem.in.gov.**,:~:**

,**,,~.'** Compliance Monitoring IlSA#05-330). 

### :':I The**pur~ose** ofthis hearing is to**receiv(!,.~j** public commenton amendments to 326,<: IAC'3, concerning compliance**monitor~** ..'.":) Ing requirements thatIs proposedfor**r..;~\** prellmlOary**a~option** by the ·board.**Tl)~(.,}** draft rUte**~lanfies** and updates comp1r:: 'f
anca monitoring rule lenguage and ' streamlines certain requirements.

. .**~;f** For additionallilformation concerning this rule Contact Susan Bem'atthe 11'1-' "**~!** diana**~partment** ofEnvironmental'
, ,..: Management, Office ofAirQuality**,:':~** Room 1003, Indiana Government**~enter<** North, 100 North Senate Avenue,**In~** ":;' dianapolis at (317) 233-5697 or "', (800)**451-~027** (ext. 3-5697)(11'1**Indianal'<'~l** or sbem@,dem.ln.gov. 

### ,':.r:
Fo; these'hearings, oral 'statements

### Wll!M be heard butforlhe accuracy ofttte

.

### ',:;1! record, piease submit statements 10 ':'1.) writing to the attendantdesignated to':,**}1~** receive written comments atthe pubiic'.w hearing.'**,,:'~:'~i** Atranscript ofthe hearings and allwrJt$; ten submissions to the board atthe pu· lie hearings shallbe opento public In·

### Y:f : spectiol'i atthe Indiana Departmentof": ,f Environmental Management; ,coRies ,:**-:,)1~~** may be made available to any perso;n'**.~;;:,** upon payment ofreproduction costs. : I**>:,,~** Any personheard or represented atthEit,i !**heanng~r** requesting notice shell be
,:,

...., : given written notice ofthe action of**t~~,~~** board.

. :

.... Christine Pedersen, Chief _.};r, Rule and State ImplementatIOn Plan**De~,~ velopm~nt**  Section ',>.-JiOffice ofAir Quality "'; **.**;.*tOlH',,****

.... 

.....,,** ,,**

...***;,*,.~~****~*****~***"'*K*** ...************

..*****ft,**,, ~** **** "';'9. lndivld.uals requirir;g.**rea.son_able.accom:~i** modaW""s for parttClpatlOn m thiS eve'1tr: should contactthe Indiana**Departme,h.t.\;~** ofEnvironmental ManaQement,

_ ,_.**I;,~~,** Americans with Disabilitles Actcoordf:..iil nator af: '**""',~&** Attn: ADA Coordinator**"!':'~;.** Indiana Departmentof**Environmenta.I",~t,** Management

-**.i··~** 100 N. Senate Avenue 

### :.",it; Indianapolls, IN 46204
., :.'
or CfJll (3P) 233-1785. Speech end**he,~,~~:~** iog Impaired callers may contactthe ,,"**~l'** agency viathe'lndiana Rela'( service

..**~.:.t.h;** 1-800-743·3333. PleaseprOVIde a**mlnv/~** mum of72. hours= notification. 

### ',-;1. (Courier & Press Oct20, 2010}**";,~.**

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Iftc #10·505 GHG Tailoring Rule

December], 2010



### TITLE 326 AIR POLLUTION CONTROL BOARD

LSA Document#10-505

SUMMARYIRESPONSE TO COMMENTS FROM IC 13-14-9-8 COMMENT PERIOD The Indiana Department ofEnvironmental Management (IDEM) requested public commentfrom September I, 2010, through October I, 2010, on IDEM's draft mle language. IDEM received comments from the following parties:

Indiana CastMetals Association (INCMA) United States Steel (USS) Indiana Energy AssociationlIndianaUtility Group (IUG) Dominion/State Line Energy Generating Station (DOM) Duke Energy Indiana, Inc. (DUKE) BinghamMcHale.onbehalfofCASE Coalition (CASE)

Following is a summary ofthe comments received and IDEM's responses thereto.

Comment: As proposed, theU.S. EPA's Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule (U.S. EPA Tailoring Rule) published on June 3, 2010, could negatively impactfoundries by imposing a significantregulatory burden on them. IDEM should considerthe pending legal challenges to the U.S. EPA Tailoring Rule, as well as the significantpermitting burden imposed on IDEM and industry by including additional sources in

apermitting program when no limits existto enforce and no feasible control technologies exist to install. IDEM shouldpostpone amendingthe rules until otherstates and the U.S. EPA decide

on areasonable and logical approach toregulating greenhouse gases (GHGs). (INCMA) Comment: In reference to the proposed changes to the definitions in the Indiana Administrative Code (lAC) at 326 lAC 2-2-I, the term "subjectto regulation" in the Clean Air Act (CAA) should not include newly classified airpollutants such as GHG emissions. It 

### has been shownthat Congress intended the criteria forprevention ofsignificant deterioration (PSD) permitrequirements for stationary sources to be based only onnational ambient airquality standards (NAAQS) pollutants. Section 161 in PartC ofthe CAA, 

### dictates that each state implementationplan (SIP) must contain a PSD program and thatthe program be designed to prevent significant deterioration ofair quality inareas designated as attainment orunclassifiable, making reference only to NAAQS under Section 107(d). Unlike criteriapollutants listed in the NAAQS standards, greenhouse gases have beendemonstrated to enterthe atmosphere and mix rapidly on a global scale. The objective ofthe PSD permitrequirements makes sense only from the standpointofemissions having a local orregional impact, and not emissions ofGHGs that act on aplanetary scale. The regulation ofGHG entissions is subjectto several legal challenges Irtc #10-505 GHG Tailoring Rule

December 1, 2010



### from both industry and non-governmental organization (NGO) groups. Because the federal rules couldbe remanded orvacated on ahost ofgrounds, it ispremature for IDEM to codifY its own rules based upon federal regulations that are subjectto such legal challenges. Shouldthe federal regulations be vacated, ifIDEM promulgates its fmal GRG rules as proposed, sources in Indiana would continue to be subject to a state rule that was basedupon a federal rule that did not withstand legal scrutiny. (USS) 

### Comment: Although Indiana needs to actprudently in following CAA established deadlines forthe regulation ofGRGs, itmust not get too far ahead ofitself

### in regulating GRGs beca1!se the D.C. Circuit CourtofAppeals may effectuate changes to U.S. EPA's Tailoring Rule, whetheritbe a stay ofthe interpretation that GRGs for stationary sources are "subject to regulation" or some other invalidation ofU.s. EPA's findings andlorregulations. Congress could also act to change U.S. EPA's path toward regulation ofGRGs. Once Indiana's Tailoring Rule is adopted and it is approved into the SIP, sources will be forced to comply with regulation ofGRGs despite a subsequent stay or invalidation atthe federal level until the SIP is revised

. again. IDEM should not rush this rulemaking. (CASE) 

### Comment: The commenterrecommends that theproposed timing ofthe rulemaking effort be deferredfor a reasonably shortperiod afterJanuary 2; 2011. The validity ofthe U.S. EPA Tailoring Rule and otherrelated rulemaking concerning GRGs has been challenged in

numerous actions forjudicial review in the federal courts. A delay in adoption ofan emergency ruleby the AirPollution Control Board (APCB) until shortly afterJanuary 2,2011, would provide an opportunity to 

### bettergauge the likelihood ofsuccess by the pending legal challenges

orCongressional action. It 

### also would deferputting Indiana in the position ofhaving regulation ofGRGs in place even though the federal governmentultimatelymaynot. A modest delay in adoption should not endangerIDEM's ability to retain control ofpermitting ofGRGs should that become necessarybecause U.S. EPA would not iriitiate its rulemaking to adopt a federal implementationplan (FIP) in Indianauntil a state fails to meets its. deadline. Indiana has a SIPapproved PSD program. The commenterrecommends that:

. •. AttheNovember2, 2010, APCB meeting, .thepublic be allowed to make
comments onthe proposed rulebut thatthe APCB take no action at this meeting.

• Final action ofthe present Section 8 rulemaking be deferredby noticing a second public commentperiod and scheduling ahearing for consideration ofadoption at the January orFebruary, 2011 APCB meeting.

• Adoption ofan emergency rule, should IDEM propose that action, be deferred by the APCB to the January orFebruary, 2011 APCB meeting orlater. (DUKE) 

### Response: In conjunction with this rulemaking (LSA#10-505), IDEM has proposed and the AirPollutionControl Board (APCB) has adopted an emergencyrule that would allow Indiana to have a state GRG Tailoring Rule 

### in effect on January3,2011 (the planned filing date ofthe emergency rule with LSA). A temporarily effective emergency rule may be adopted by the APCB underIC 4-22-2-37.1. U.S. EPA has interpreted the CAA to mean that GRGs will become subjectto regulation underthe PSD permitting requirements when the GRG light duty vehicle rule limiting GRG 2Iie#10-505 GHO Tailoring Rule

December 1,2010



### emissions from cars and light duty trucks takes effect onJanuary 2,2011. Because ofU.s, EPA's interpretation ofthe CAA and the PSD requirements, current and potential new sources of GHGs in Indiana are best served through tailoring the Indiana airpollutionpermitrule threshold requirements to higheremissions ofGHGs consistent with the federal rule. U.S. EPA has indicatedto IDEM thatthe state rule needs to be in effectonJanuary 2, 2011, so that all permit applications are properly evaluated for GHG emissions. Therefore, IDEM's approach is to work with U.S. EPA and move now, ratherthan later, toward the incorporation ofthe U.S. EPA GHG Tailoring Rule into the state rules. Moving with deliberate speedtoward having a state GHG Tailoring Rule in effect ensures that IDEM remains in full control ofits PSD permitting program and reduces the likelihood that airpermits issued afterJanuary 2, 2011 will be subjectto citizen suits. IDEM recognizes thatthe legality ofthe U.S. EPA GHG Tailoring Rule is being challenged, as is the case with many new, majorU.S. EPA regulations. Just as with otherU.S. EPA rules challenged at the federal level, IDEM cannotpredictwhen a federal courtmight rule

orwhat action itmay take. In prior situations involving a courtordered suspension or invalidation ofU.S. EPA regulations, IDEM has consistently acted to provide immediate reliefto affected sources from the corresponding state rule. Ifthe result ofa federal court ruling eliminates the need for a state GHG TailoringRule, IDEM will immediately go through the appropriate process to ensure that state sources are no longer subject to the state GHG Tailoring Rule provisions. The appropriateness ofthe process will depend on when any invalidating federal court orderwould be effective and the extent to which a federal ruling alters the rationale that forms the basis ofthe U.S. EPA GHG Tailoring Rule. IDEM can withdraw this rulemaking (LSA #10- 505) at any time during promulgation and review by the Attorney General and the Governor, but before itis accepted for filing with LSA. IDEM anticipates that this rulemaking will be filed with LSA in February orMarch 20II. The emergency rule was written so thatittoo would expire at the same time LSA #10-505 is withdrawn. Afterthe rule becomes effective, should there be a federal courtruling that eliminates the need for a state OHG Tailoring Rule, IDEM would exercise enforcement discretion until therule

canbe repealed since the underlying authority for those provisions would be non-existent. An emergency rule to temporarily remove GHG provisions until arepeal rulemaking would be effective couldbe another option depending on the details ofthe federal invalidating action. UnderIC 13-15-2-2(e), the boards (including the APCB) may adoptrules to allow the department to issue permits, and the_rules adopted mustbe consistent with federal law for federally authorized ordelegated permitprograms. Ie 13-17-3-4(a)(2) states thatthe APCB shall adopt rules that are necessary for the implementation ofthe federal CAA. Ifthe U.S. EPA Tailoring Rule is vacated, then the state GHG Tailoring Rule would no longerbe in accordance with federal law. Accordingly, IDEM would not have the authority to continue to enforce the state GHG Tailoring rule. A commenter suggests that affected sources would have to comply with the state GHG Tailoring Rule afterit is adopted and approved into the SIP. Ifthe federal rule is subsequently
3rte #10-505 GHG Tailoring Rule

December 1, 2010


### invalidated, U.S. EPA is not likely to enforce GHG provisions in a SIP and Indianawould work with U.S. EPA to revise the SIP as quickly as possible.



### Comment: The validity ofthe U.S. EPA Tailoring Rule and otherU.S. EPA GHG rulemakings is underchallenge bynumerous entities in actions currently pending in federal
courts. This rulemaking shouldbecome automatically ineffective to the extent that the corresponding federal rule(s) are found to be invalid ora moratorium is placed uponU.S. EPA tIuough Congressional action. IDEM should add the following off-ramp language at 326 lAC 2- 2-1 (zz) and 326 lAC 2-7-1(39): (zz) "Subject to regulation" means, for any airpollutant, that thepollutantis subjeci to either a provision in the CAA, or a nationally applicable regulation codified by the U.S. EPA in 40 CFR, ChapterI, SubchapterC, thatrequires actual control ofthe quantity ofemissions ofthatpollutant, and that the control requirementhas taken effect and is operative to control, limit, orrestrict the quantity ofemissions ofthatpollutantreleased from thatregulated activity, except as follows:



# *** (6) Notwithstanding subsections 

### (I) through (5) above, ifthe regulation ofGHGs is found to be invalid by federal court order or Congressional action, GHGs shall
notbe considered "subject to regulation" under this rule. This subsection (6) shall apply reiroaciive1y to the date ofits adoption.



### (39) "Subjecttoregulation" means, forany airpollutant, thatthepollutantis subject
to eitheraprovisionintheCAA, oranationally applicableregulationcodifiedbythe U.S. EPA in 40 CFR, Chapter I, Subchapter C, that requires actual control ofthe quantity ofemissions ofthat pollutant, and that the control requirement has taken effect and is operative to control, limit, orrestrict the quantity ofemissions ofthat pollutant released from thatregulated activity, except as follows:



# *** (3) Notwithstanding subsections 

### (I) through (2) above, iftheregulationofGHGs is found tobeinvalidbyfederal courtorderorCongressional action, GHGs shallnotbe considered "subject to regulation" under this rule. This subsection (3) shall apply retroactively to the date ofits adoption. (IUG) (DOM) (DUKE) 

### Comment: 

### Ifthe Section 8 rulemakingprocessis used, IDEM shouldconsiderwhetherthis affords the state any flexibility should the underlying federal requirement be invalidated. Invalidation ofa relied-upon federal requirement may invalidate the rulemaking action. IDEM should address this issue and should consider whether language can be added to the proposed Section8rulemakingto clarifywhathappens inthe eventtheunderlying federal ruleis invalidated. (CASE) 

### Comment: ThecornrnentersupportsthecommentbylUGtoincludean "off-ramp" intherule which would cause the rule to become ineffective ifthe corresponding federal rule(s) becomes
4rtc #10·505 GHG Tailoring Rule

December 1, 2010



### invalidated. (DUKE) 

### Response: IDEM has not amended the draft rule language to include an "off-ramp." The previous response explains how IDEM will handle the corresponding state GHG Tailoring Rule in the event the federal rule is invalidated. Underthe Section 8 rulemaking process the APCB is limited to adopting the rule as presented in the Section 8 rulemaking notice as published on September I, 2010.



### Comment: The commenterobjects to U.S. EPA's development ofits GHG regulations, including the U.S. EPA Tailoring Rule. Regulation ofGHGs, ifany, shouldbe addressed by national legislation, apart from the CAA, notby regulatory fiat. Specific legislation could effectively focus on any appropriate GHG reduction strategies and negate the potential complication ofPSD and otherpermitting requirements that are inappropriate for GHG issues. The commenter supports the principle that ifGHGs are required to be evaluated in PSD and Title V permits as set outin the U.S. EPA Tailoring Rule, then IDEM should implementthe program and not U.S. EPA. Therefore, the commenterdoes not oppose this rulemaking to the extentthat it is necessary to implementthis program in the absence ofnew federal legislation. (lUG) (DaM) (DUKE)

. 

### Comment: The commenterconcurs that the proposed amendments are consistent with the U.S. EPA Tailoring Rule requirements, and beyond the requirement to obtain a permit, the proposed amendments do not include any emissions standards orcontrol requirements for GHGs. IflDEM does not adopt this rule, U.S. EPA may impose the requirements directly on Indiana sources through a FIP. Such a FIP would result in dual permitting by U.S. EPA and IDEM, which could significantly slow the issuance ofpermits and modifications increasing the costs to Indianabusinesses. The commenter supports theproposed rulemaking. (DaM) 

### Response: IDEM appreciates the support.



### Comment: Indiana's current PSD andTille V Pennit rules donot regnlate GHGs under the existing term "regulated NSR pollutant." Article I,Section 25 oflndiana's Constitution
states that "No law shall be passed,the taking effect ofwhich shall be made to depend upon any authority, except as provided in this Constitution." Thus, Indiana's Constitution prohibits a U.S. EPA rulemaking from changing the applicability oflndiana's PSD and Title V rules. GHGs are notregulatedunder Indiana's PSD and Title V rules because GHGs were not subject to regulation under the CAA at the time these rules were adopted. Although IDEM has acknowledged the Indiana Constitution's constraint, IDEM at the same time is relying upon interpreting Indiana's currentrules as regnlating GHGs (as of 1/2/2011) for its overall plan for responding to U.S. EPA's Tailoring Rule. It is imperative that IDEM acknowledge that new pollutants (GHGs and otherpollutants to be regulated in the future) regulated underthe Clean AirAct do not automatically become "regulatedNSRpollutants" under Indiana law. Even if Indiana amends its state rule to regulate GHGs by January 2, 2011, IDEM must make it clearthat GHGs are notregulated (effective 1/2/2011) underIndiana's approved SIP. (CASE) 

### Response: The current state rules, SIP, and Title V Program approval do not give IDEM 5ric #10-505 GHG Tailoring Rule

December 1,2010



### the authorityto regulate GHGs underthe existing PSD and Part70 programs. In this rulemaking (LSA #10-505), IDEM isproposing adoption ofa state GHG Tailoring Rule and has proposed that this same rulebe adopted as an emergency rule. Adoption ofthe emergency rule would make these additions and amendments effective onJanuary 3, 2011 (iffiled with LSA on January 3, 201 I). IDEM does not interpret Indiana's currentrules as regulating GHGs on January 2, 2011 when the federal rule takes effect. Upon the effective date ofa state GHG Tailoring Rule, IDEM will be authorized to regulate GHGs as that rule allows.



### Comment: Pursuant to 40 CFR 5I.l66(a)(6)(i),lndianahas three years to adoptU.S. EPA's Tailoring Rule. U.S. EPA refers to theseprovisions as "ourestablished approach for determining when States must adopt and submitrevisedSIPs following changes to the new
source review (NSR) regulations" inthe preamble to the Final NSR Implementation Rule for PM2.5 (73 FR 28321, 28341, May 16, 2008). During this three-yearperiod, Indiana's current approved SIP would be in place providing Indianabusinesses abuffer against immediate regulation ofGHGs. (CASE) 

### Response: In accordance with 40 CFR 51.166(a)(6)(i), Indiana has up to thrye years to submit a revision to the SIP. However, in this case, U.S. EPA has determined that SIPrevisions

are to be done sooner. GHGs will be regulated underthe CAA onJanuary 2, 20II and permits issued without GHG provisions afterthis date couldbe subjectto a citizen suit. IDEM plans to submit aparallel processing requestfor a SIPrevision soon afterboard adoption ofthis rule, 

### otherwiseU.S. EPA .may take action to ensure.that authority exists to ii11plei11ent 

### GHO requirements. IflDEM does not move forward with this rulemaking, U.S. EPA will include Indiana as apart ofthe SIP Call giving states a deadline of12months to submit a corrective action SIP. States can shorten this timeframe to make the FlP apply sooner, reducing the time period during which certain GHG sources are precluded from conStructing ormodifying because

no entity has the authority to issue permits. IDEM does not wantto be in aposition where)t
cannot issue permits to Indiana sources.



### Comment: The commenterunderstands that IDEM is pursuing these changes through Section 8 rulemaking toprovide the regulated communitywith the benefitofprompt adoption of rules regulating GHGs. IDEM's inconsistentposition regarding whetherits current SIPapproved rules regulated GHGs (effective 1/2/20II) makes it less than clearwhetherthis rulemaking is establishing the regulation ofGHGs underIndiana law oris simply tailoringback the applicability thresholds. This question mustbe answered. IfIDEM believes its existing SIPapproved rules regulated GHGs (effective 1/2/20II), Indianasources may feel compelled to establishrule language and mayneed additional commentperiods to flesh outthe necessary language following IDEM's announcementregarding the same. Affected sources would also benefitfrom being able to review and commenton IDEM's response to theU.S. EPA's Proposed SIP Call as part ofthis rulemaking. A Section 8 rulemaking may notbe appropriate because additional commentperiods may be necessary. (CASE) 

### Response: Please see IDEM'sprevious response stating thatIDEM's currentrules do not 

### 6 ('rtc #10-505 GHG Tailoring Rule

December 1,2010


### give IDEM the authority to regulate GHGs. This rulemaking (in conjunction with an emergency rule adopted by the APCB), will provide the authority to regulate GHGs at appropriate thresholds, consistent with the U.S. EPA GHG Tailoring Rule. The proposed stale rule is based

on federal law, i.e., the U.S. EPA GHG Tailoring Rule, and IDEM believes the reduced number ofpublic commentperiods is appropriate to establish the correct thresholds into state rules.

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### TITLE 326 AIR POLLUTION CONTROL BOARD
Emergency Rule LSA Document #XX-XXX(E)

DIGEST
Temporarily amends 326 lAC 2-2-1, 326 lAC 2-2-4, and 326 lAC 2-7-1 concerning the prevention of significantdeterioration and Title V greenhouse gas tailoring rule (75 FR 31514, June 3, 20I0). Authority: IC 4-22- 2-37.1 (a)(13). Effective January 3, 2011.

SECTION I. (a) This SECTION supersedes 326 lAC 2-2-I(ss).

(b) "Regulated NSR pollutaut" means any ofthe followiug: (I) Any: (A) pollutant for which a national ambient airquality standard has been promulgated; and (B) constituents or precursors for the pollutants identified by the U.S. EPA. (2) Auy pollutant that is subject to auy standard promulgated under Section I I I ofthe CAA. (3) Any Class I orII substancesubjectto astandardpromulgatedunderorestablishedbyTitleVI ofthe CAA. (4) Any pollutant that otherwise is subject to regulation underthe CAA as defined in SECTION 3. (5) Notwithstandingsubdivisions (I) through (4), any orall HAPs eitherlistediu Sectiou 112oftheCAA

or added to the list pursuantto Section 112(b)(2) ofthe CAA, which have notbeen delisted pursuant to Section II2(b)(3) oftheCAA, are notregulated NSRpollutants unless the listed HAPis also regulatedas
a constituent or precursor ofa general pollutant listed under Section 108 ofthe CAA. (6) Notwithstanding subdivision (5), any pollutant listed in 326 lAC 2-2-I(ww)(I)(A) through (ww)(I)(U).

SECTION 2. (a) This SECTION supersedes 326 lAC 2-2-I(ww).

(b) "Significant" means the following: (1) In reference to a net emissions increase or the potential ofthe source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: 

### (A) Carbon monoxide: one hundred (100) tous peryear. (B) Nitrogen oxides: forty (40) tons per year. (C) 

### Sulfur dioxide: forty (40) tons peryear. (D) Particulate matter: twenty-five (25) tons peryear. (E) PM,,: fifteen (15) tons per year. (F) Ozone: forty (40) tons peryear ofVOc. (G) Lead: six-tenths (0.6) ton peryear. (H) Asbestos: seven one-thousandths (0.007) ton peryear. (I) Beryllium: four ten-thousandths (0.0004) tou per year. (J) 

### Mercury: oue-tenth (0.1) ton per year. (K) Vinyl chloride: one (I) ton per year. (L) Fluorides: three (3) tons peryear. (M) Sulfuric acid mist: seven (7) tons peryear. (N) Hydrogen sulfide (H,S): ten (10) tons peryear. (0) 

### Total reduced sulfur (inclnding H,S): ten (10) tons per year. (P) Reduced sulfur compouuds (including H,S): ten (10) tons peryear. (Q) Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): thirty-fiveteu-millionths (0.0000035) or3.5 x 10.6

### ton per year. (R) Municipal waste combustor metals (measured as particulate matter): fifteen (15) tons per year.

### (S) Municipalwastecombnstoracid gases (measnred as snlfurdioxidean<ll hydrogen chloride): forty (40) tons peryear. (T) Mnnicipal solid waste landfills emissions (measnred as nonmethane <organic compounds): fifty (50) tons peryear. (U) Ozone-depleting snbstances (ODS): one hnndred (100) Ions peryeal'e (V) Pollutanl greenhouse gases (GHGs): as specified in SECTION 3. (W) 

### Any regulated NSR pollnlant olher Ihan the pollutants listed in this SECTION: any emission rate. (2) Anyemissions rateorany netemissions increaseassociated with a majorstati'omarysourceor major 

### modificalion thai: (A) wonld be constructed wilhin ten (10) kilomelers ofa Class I area; amd (B) has an impacl on Ihe area equal to orgreaterIhan one (I) microgralllD percubic meter (24-hour average).

SECTION 3. (a) This SECTION is supplemental to 326 lAC 2-2-1.

(b) "Subjectto regulation" means,foranyairpollutant,thatthe pollutantissubjetcttoeitheraprovision 

### in IheCAA, ora nationally applicable regulation codified by the U.S. EPA in40 CFR, Ch""pter I, SubchapterC, Ihal requires actual control ofIhe quanlity ofemissions ofIhat pollntanl, and Ihatthe cOllltrol requiremenl has taken effectand is operativeto control, limit, or restrictthequantity ofemissions ofthat

### pl1t)lIutant released from 

### that regulated activity, except as follows: (I) Greenhouse gases (GHGs), the air pollutant defined in 40 CFR 86.1818-12(a,»*, as added by 75 FR 25686 (May 7, 2010), as Iheaggregalegroupofsix (6) greenhousegases shall notmesubjecllo regulation excepl as provided in subdivisions (4) and (5). PollutantGHGs includes Ihe follo"",ing: (A) Carbon dioxide. (B) Nitrous oxide. (C) 

### Methane. (D) Hydrofluorocarbons. (E) Perfluorocarbons. (F) Snlfur hexafluoride. (2) For purposes ofsubdivisions (3) through (5), "tons peryear (Ipy) CO, equivallentemissions (CO,e)" shall represent an amounl ofGHGs emitted and shall be calculaled as follows: (A) Multiply the mass amounl ofemissions in Ipy for each ofIhe six (6) g)feenhouse gases in the pollutant GHGs by the gas's associaled global warming potential published in 40 CFR 98, Snbparl A, Table A-I (Global Warming POlentials)*, as added by 74 PR 56395 (October 30, 2009). (B) Sum Ihe resultant value from clause (A) for each gas 10 

### compute a tll'Y CO,e. (3)**~'Emissions** 

### increase", as used in subdivisions (4) and (5), means that both 

### msignificant emissions 

### increase as calculaled using the procedures in 40 CFR 51.166(a)(7)(iv)* and a significant netemissions increase as defined in 326 lAC 2-2-I(ii) and 326 lAC 2-2-I(ww) occur. For th", pollulant GHGs, an emissions increaseshallbebased on tpy CO,e, and shallbecalculated assumingtllte pollulantGHGs is a regulated NSRpollutant, and "significant" is defined as sevenly-fiveIhonsand(75\,000)tpyCO,einstead ofapplying Ihe value in 326 lAC 2-2-I(ww)(I)(W). (4) BeginningJanuary 2, 2011, the pollulanl GHGs is subjectto regulation ifIh",stationary source is: (A) a new majorstalionarysonrce for a regnlated NSRpollutantthatis molGHGs and willemit

or will have the potential to emit seventy-five thousand (75,000) tpy Co"e or more; or (B) an existing majorstationarysourcefor aregulated NSRpollutantthlllltis notGHGs andwill have an emissions increase ofa regulated NSR pollutant, and an emissioms increase ofseventyM 

### five thousand (75,000) Ipy CO,e or more. (5) BeginningJnly 1,2011, 

### in addition to the provisions in subdivision (4), the polllutantGHGs shall be subject 10 

### regulation at: (A) a new stationary source Ihal will emit or will have Ihe potential to emit one hnndred Ihousand (100,000) tpy CO,e or more; or (B) an existing stationary source that emits or has the potenlial to emitWle hnndred 

### 2

### thousand (100,000) tpy CO,e or more, when sueh stationary sonrce nndertakes a physical change or change in the method ofoperation that will result in an emissions increase of 

### seventy-five thonsand (75,000) tpy CO,e or more.

"'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 DepartmentofEnvironmental Management, Office ofAir Qnality, Indiana GovernmentCenter North, Tenth Floor, 100 North Senate Avenne, Indianapolis, Indiana 46204.

SECTION 4. (a) This SECTION is snpplemental to 326 lAC 2-2-4(b).

(b) The requirements of326 lAC 2-2-4 shall not apply to a major stationary sonrce ormajor modification with respect to pollntant GHGs.

SECTION 5. (a) This SECTION supersedes 326 lAC 2-7-1(22).

(b) "Major source" means any stationary source or any group 

### ofstationary sources as described in 

### this SECTION. For purposes ofsubdivisions (2) and (3), the term shall include any group ofstationary

sources that are located on one (1) or more contiguous or adjacent properties and are under common control 

### ofthe same person (or persons under common control) belonging to a single major industrial 

### grouping. In addition, for the pnrposes ofdefining major source in subdivision (2) or (3), a stationary source orgronp of stationary sources shall be considered partofa single indnstrial grouping ifall ofthe pollutantemitting activities at the source or group ofstationary sources on contiguous or adjacent properties belong to the same 

### major group (that is, all have the same two (2) digit code) as described in the Standard Industrial Classification Manual, 1987*. For purposes ofsubdivisions (2) and (3), any stationary source (orgroup of stationary sources) that supports another source, where both are under common control 

### ofthe same person (or persons under common control) and are located on contiguous or adjacent properties, shall be considered



### a support facility aud partofthe same source regardless ofthe two (2) digit SIC code for that support facility. A stationary source (or group ofstationary sources) is considered a support facility to a source ifat least fifty percent (50%) ofthe output ofthe support facility is dedicated to the source. The term includes the following: (I) A major source under Section 112 ofthe CAA, which is defined as follows: (A) Forpollutantsotherthan radionuclides, anystationarysourceorgroup of

### stationarysources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate: (I) 

### ten (10) tons peryear(tpy) ormoreofany HAPthathasbeen listedin Section 112(b) ofthe CAA; (Ii) 

### twenty-five (25) tpy or more ofany combination ofsuch HAPs; or (iii) 

### such lesser quantity as the U.S. EPA may establish by rule. (B) Notwithstanding clause (A): (i) emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not the units are in a contiguous area or under common control, to determine whether' the units or stations

are major sources; and (ii) research and development activities may be considered separately for purposes of determining whether a major source is present and need not be aggregated with collocatedstationarysources unless the research and developmentactivities contribute to the productproduced orservice rendered bythecollocatedsources in amorethan de minimis manner. (C) 

### For radionuclides, majorsource shall have the meaning specified by the U.S. EPA by rule. (2) Amajorstationary source ofairpollutants, as defined in Section 302 oflhe CAA, that directly emits

or has the potential to emit, one hundred (100) tpy or more ofany regulated air pollutant subject to regulation (includingany majorsourceoffugitive emissions ofany such pollutant, as determinedbythe U.S. EPA by rule). The fugitive emissions ofa stationary source shall not be considered in determining 

### 3

### whether it is a major stationary source for the purposes ofSection 302(j) ofthe CAA unless the source belongs to one (I) ofthe following categories ofstationary sources: (A) Coal cleaning plants (with thermal dryers). (B) Kraft pulp mills. (C) 

### Portland cement plants. (D) Primary ziuc smelters. (E) Iron and steel mills. (F) Primary aluminnm ore reduction plants. (G) Primary copper smelters. (H) Municipal incinerators, or combinations ofmunicipal incinerators, capable ofcharging



### more than fifty (50) tons ofrefuse perday. (I) Hydrofluoric, sulfuric, oruitric acid plants. (J) 

### Petroleum refineries. (K) Lime plants. (L) Phosphate rocl< processiug plants. (M) Col<e oven batteries. (N) Sulfur recovery plants. (0) 

### Carbon blacl< plants (furnace process). (P) Primary lead smelters. (Q) 

### Fuel conversion plants. (R) Sintering plants. (S) Secondary metal production plants. (T) Chemical process plants. (U) Fossil fuel boilers (or combination thereot) totaling more than two hundred fifty million (250,000,000) British thermal units per hour heat input. (V) Petroleum storage and transferunits with atotal storage capacityexceedingthree hundred thousand (300,000) barrels. (W) Taconite ore processing plants. (X) Glass fiber processing plants. (Y) Charcoal production plants. (Z) Fossil fuel fired steam electric plants ofmore than two hundred fifty million (250,000,000) British thermalnnits per hour heat input. (AA) Any otherstationarysource category regulated underSection III 

### or 112ofthe CAA and forwhich theU.S. EPAhas madeau affirmativedetermination underSection302(j)oftheCAA. (3) Amajor stationary sonree as defined in Part D ofTitle I ofthe CAA, including the following: (A) For ozone nonattainment areas, sources with the potential to emit: 

### (i) one hundred (100) tpy or more ofVOC or oxides ofnitrogeu in areas classified as marginal or moderate; (i1) 

### fifty (50) tpy ormore ofVOC oroxides ofnitrogen in areas classified as serious; (iii) 

### twenty-five (25) tpy or more ofVOC or oxides ofnitrogen in areas classified as severe; or 

### (iv) ten (10) tpy or more ofVOC oroxides ofnitrogen in areas classified as extreme; except thatthe references in this item to one hundred (100), fifty (50), twenty-five (25), and ten (10)tpyofnitrogen oxides shall notapplywith respectto any sonrce forwhichthe U.S. EPAhas madea finding, underSection 182(t)(1)or 182(t)(2)oftheCAA,thatrequirements underSection 182(t) ofthe CAA do not apply. (B) For ozone transport regions established under Section 184 ofthe CAA, sources with the potential to emit fifty (50) or more tpy ofVOc. (C) 

### Forcarbon monoxide nonattainment areas: (i) that are classified as serions; and (ii) in which stationary sources contribute significantly to carbon monoxide levels as 

### determined under rules issued by the U.S. EPA;

sources with the potential to emit fifty (50) tpy or more ofcarbon monoxide. (D) For particulate matter PMlO nonattainment areas classified as serious, sources with the 

### 4

### potential to emit seventy (70) tpy or more ofPM".

SECTION 6. (a) This SECTION is supplemental to 326 lAC 2-7-1.

(b) "Subjectto regulation" means, for any airpollutant, thatthe pollutantis snbjecttoeithera provision in theCAA, or a nationally applicable regulation codified by the U.S. EPA in 40 CFR, ChapterI, SnhchapterC, that requires actnal control ofthe qnautity ofemissions ofthat pollntant, and thatthe control reqnirement has 

### taken effectand is operativeto control, limit, or restrictthequantity ofemissions ofthat

### pollutant released from that regulated activity, except as follows: (I) Greenhonse gases (GHGs), the air pollutant defined in 40 CFR 86.1818-12(a)*, as added by 75 FR 25686 (May7,2010), as theaggregategroupofsix (6) greenhonsegases shall notbe snbjectto regulation 

### unless, as ofJuly 1,2011, the GHG emissions are atastationary sourceemitting orhavingthe potential to emitone hnndred thonsand (100,000) tpy CO, eqnivalentemissions (CO,e) ormore. PollutantGHGs includes the following: (A) Carbon dioxide. (B) Nitrous oxide. (C) Methane. (D) Hydrolluorocarbons. (E) Perllnorocarbons. (F) Sulfurhexalluoride. (2) "Tons peryear(tpy) CO, eqnivalentemissions (CO,e)" shall represent an amonnt ofGHGs emitted and shall be calcnlated as follows: (A) Multiply the mass amount ofemissions in tpy for each ofthe six (6) greenhousegases in the pollntant GHGs by the gas's associated global warming potential pnblished in 40 CFR 98, Snbpart A, Table A-I (Global Warming Potentials)*, as added by 74 FR 56395 (October 30, 2009). (B) Sum the resultant value from clause (A) for each gas to compute a tpy CO,e.



### *These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Wasbingtou, D.C. 20401 or are available for review and copying at the Indiana DepartmentofEnvironmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.



### SECTION 7. A variance request from the requirements ofthis docnment shall be made in accordance with IC 13-14-8-8.

SECTION 8. This document expires on the effective date ofLSA Document#10-505, the date a withdrawal notice for LSA Document#10-505 is filed with the Publisher, orApril 3, 2011, whichevertakes place first.



### 5

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# I I I I I I I 

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### ADMINISTRATIVE CHECKLIST (40 CFR 5I, Appendix V)

1. The submittal is accompanied by a formal letter ofsubmittal from the governor or his designee.



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

orbody ofregulations; or issued the permit, order, consent agreement ("document"); in final form.

a. Date ofadoption or final issuance:

b. The effective date ofthe plan, ifdifferent from the adoption/issuance date.

3. Evidence that the State has the necessary legal authority under state law to adopt and implementthe plan.

4. A copy ofthe actual regulation or document submitted for approval and incorporation by reference into the plan, including the following:

a. Indication ofthe changes made to the existing approved plan, where applicable.

b. The submittal shall be a copy ofthe official State regulation or document signed, stamped, dated by the appropriate state official indicating that it is fully enforceable by the State. Effective date shall be stated in the document itself.



### 5. Evidence that the State followed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption/issuance ofthe plan.



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

## _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.



### 9. Technical support (ifsource specific rule change). Attachment #

Enclosed

Attachment 

## B (completed signature page will be submitted at a later date)

December 

## I, 20I0

To be determined

IC 13-14-8

Attachment A

To be submitted at a later date

Attachment C

To be submitted at a laterdate

Attachment D

N/A

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