IDEM

,••• '" ti'.\{i' A

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

Mitchell E. Daniels Jr, 100 North Senate Avenue

Governor Indianapolis, Indiana 46204

(317) 232-8603

Thomas W. 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 of the Indiana Code, the

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

state implementation plan (SIP). This SIP amendment consists of amendments to Indiana's

Prevention of Significant 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 of changes to 326 lAC 2-7-1 will

be made in a separate letter.

An additional point of clarification 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 of the 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 chairman ofthe APCB

Attachment C: Publishers Affidavits

Attachment D: Response to comments from 30 day public comment period

Attachment E: 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)

Throughout the development ofthese amendments to the existing rule staff ofthe 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 request that the United States Environmental

Protection Agency approve these modifications ofIndiana's SIP. If you have any questions

regarding this submittal, please contact Scott Deloney, Air Programs Branch Chief, Office ofAir

Quality at (317) 233-5694.

Sincerely,

8(b-<-<-<:~ Keith Baugues 0

Assistant Commissioner, Office of Air 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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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 the Publisher.

HISTORY

Section 8 Notice: September 1,2010, Indiana Register (DIN: 20100901-1R-326100505FDA).

Notice of Hearing: September I, 20I 0, Indiana Register (DIN: 20] 00901 -I.R-3261 00505PHA).

Change in Notice of Public Hearing: October 20, 2010, Indiana Register (DIM: 20JOI020-1~-3261 00505CHA).

Date of Hearing: December I, 20 IO.

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 of emissions of a 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 of normal 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) of this rule or for

establishing a PAL under 326 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 of the visitor's visual experience of the federal Class I area as defined in section] 3 of this rule. This

determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency,

and time of visibility impairment, and how these factors correlate with:

(I) times ofvisitor use ofthe federal Class I area; and

(2) the frequency and timing of natural conditions that reduce visibility.

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

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ofthe source (unless a source is subject to enforceable permit limits that restrict the operating rate or hours of operation, or both)

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, including those with a future compliance date; or

(3) emissions rate specified as an enforceable permit condition, including those with a future 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) For any existing electric utility steam generating unit, the term means the average rate, in tons per year, 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

of the project. The commissioner shall anow the use of a different time period upon a determination that it is more

representative of normal 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 not be 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 or the date a complete pennit application is received by

the department for a permit required by this rule, except that the 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 of a maximum 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 if required by clauses (B) and (C).

(3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will

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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

smaller than the area ofimpact of any major stationary source or major modification 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 of determining the amount of available 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 of the

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 of sources in existence on the applicable minor

source baseline date except as provided in subdivision (3).

(2) The allowable emissions of major 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 after the minor source baseline date.

(h) "Begin actual construction" means, in general, initiation of physical on~site construction activities on an emissions

unit that are of a pennanent nature. Such activities include, but are not limited to, the following:

(I) Installation of building supports and foundations.

(2) Laying underground pipework.

(3) Construction of permanent storage structures.

With respect to a change in method of operations, the term refers to those on~site activities other than 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 of reduction 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 of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or

innovative fuel combustion techniques for control of the pollutant. ln no event shall application of BACT 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 *.

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Ifthe commissioner determines that technological or economic limitations on the application of measurement methodology to a

particular emissions unit would make the imposition of an emissions standard not feasible. a design. equipment, work practice,

operational standard, or combination thereof may be prescribed instead to satisry the requirements for the application of BACT.

The standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of the design,

equipment, work practice, or operation and shaH provide for compliance by means that achieve equivalent results.

(j) "Building, structure, facility, or installation" means all of the 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 of the same

person (or persons under common control) except the activities of any vessel. PoHutant~emitting activities shall be considered as

part of the 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;

or postcombustion 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 of clean 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%) of the total cost of the

demonstration proje'ct. '.-

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

or operator has aH necessary preconstnJction approvals or permits and either has:

(1) begun, or caused to begin, a continuous program of actual 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 of actual construction of the source to be completed

within a reasonable time.

(n) "Complete" means, in reference to an application for a permit, that the application contains all 'of the 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) "ConstructionHmeans any physical change or change in the method of operation, including:

(l) fabrication;

(2) erection;

(3) installation;

(4) demolition; or

(5) modification;

of an emissions unit, that would resultjn a change in emissions.

(p) "Continuous emissions monitoring system" or "CEMS" means all ofthe equipment that may be required to meet the

data acquisition and availability requirements ofthis rule to complete the following:

(1) Sample emissions On a continuous basis.

(2) If applicable, condition emissions.

(3) Analyze emissions On a continuous basis.

(4) Provide a record of emissions on a continuous basis.

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

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determination and recording ofthe pollutant mass emissions rate in terms ofmass per unit 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, O2 or CO2 concentrations; and

(2) record the average operational parameter value on a continuous 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 of providing 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 of a stationary source that emits or would have the potential to emit any regulated

NSR pollutant. For purposes ofthis rule, there are the following two (2) types of emissions 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 of the 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 a stack, chimney, vent, or other

functionally equivalent op"ening.

(x) "High terrain" means any area having an elevation nine hundred (900) feet or more above the base of the 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 a substantial likelihood of achieving greater continuous emissions reduction than any

control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or

nonair quality environmental impacts.

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

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on the most stringent emissions limitation ofthe following:

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

stationary source demonstrates that the limitations are not achievable.

(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 of the 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 of operation of, a major stationary

source that would result in a significant emissions increase and a significant net emissions increase ofa regulated 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 a major stationary source

that is significant for VOC shall be considered significant for ozone.

(2) A physical change or change in the method of operation shall not include the following:

(A) Routine maintenancel repair, and replacement.

(B) Use 'of an alternative fuel or raw material by reason of an order under Sections 2(a) and 2(b) ofthe Energy

Supply and Environmental Coordination Act of 1974 or by reason of a natural gas curtailment plan pursuant to

the Federal Power Act.

(C) Use of an alternative fuel by reason of an order under Section 125 ofthe CAA.

(D) Use of an alternative fuel at a stearn generating unit to the extent that the fuel is generated from municipal

solid waste.

(E) Use of an alternative fuel or raw material by a source that the source:

(i) was capable of accommodating 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.miit to:

(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 * or under this rule.

(F) An increase in the hours of operation or in 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 52.2 I* or under this rule or 326 lAC 2-3.

(G) Any change in ownership·at a source.

(H) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration

project provided that the project complies with:

(i) the SIP; and

(ii) other requirements necessary to attain and maintain the national ambient air quality standards

during the project and after the project is terminated.

(I) The installation or operation of a pennanent clean coal technology demonstration project that constitutes

repowering provided that the project does not result in an increase in the potential to emit of al)Y regulated

pollutant emitted by the unit This exemption shall apply on a pollutant-by-pollutant basis.

(1) The reactivation ofa very clean coal-fired electric utility steam generating unit.

(3) The term shall not apply to a particular regulated 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) "Major source baseline date'l means the following:

(I) In the case of particulate matter and sulfur dioxide, January 6,1975.

(2) In the case ofnitrogen dioxide, February 8, 1988.

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(ft) "Major stationary source" means the following:

(I) Any ofthe following stationary sources of air pollutants that are located or proposed 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

per year or more of any 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 of charging 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) Sulfur recovery 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 hour heat 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 per year or more of a regulated NSR

pollutant.

(3) Any of the following stationary sources with potential emissions of five (5) tons per year or more of lead 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 of twenty·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 under subdivisions (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 of a 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 or modification and the source does

not belong to any of the categories listed in subdivision (I) or any other stationary source category that, as of August 7,

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1~80, is being regulated under Section III or I 12 ofthe CAA (42 U.S.C. 741 lor 42 U.S.c. 7412).

(7) A major stationary source that 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 of this rule or to 40 CFR Part 52.2 I* submits a complete application under the

relevant regulations, including the feHewing:

(1) The trigger date is the following:

(A) In the case of particulate matter and sulfur dioxide, August 7, 1977.

(B) In the case of nitrogen 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 under this rule; and

(B) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the

case of a major modification, 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 of determining the amount of available PMIO increments, except that the commissioner may rescind a

minor source baseJine date where it can be shown~ to the satisfaction of the 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 ofPM10 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 are part 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 of operation 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 if the 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 * or this 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 of actual emissions exceeds the old

level.

(6) A decrease in actual emissions is creditable only to the extent that:

(A) the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the

new level of actual emissions;

(B) it is enforceable as a practical matter at and after the time that actual construction on the particular change

begins; and

(C) it has approximately the same qualitative significance for public health and welfare as that attributed to the

increase from the particular change.

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(7) An increase that results from the physical change at a source occurs when the emissions unit on which construction

occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown

becomes operational only after a reasonable 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. For the 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 environment prior to recycling, treatment, or disposal, through:

(A) process changes;

(B) product reformulation or redesign; 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 of a 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 of operation or on the type or amount of material combusted, stored, or

processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable as a

practical matter. Secondary emissions do not count in determining the potential to emit ofa stationary source.

(mm) "Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to, ona continuous

basis:

(I) monitor:

(A) process and control device operational parameters; and

(B) other infonnation, such as gas flow rate, O2 or CO2 concentrations; and

(2) calculate and record the mass emissions rate~ such as pounds per hour.

(nn) "Prevention ofsignificant deterioration program" or "PSD program" means a major source preconstruction permit

program that has been approved by the U.S. EPA and incorporated into the SIP to implement the requirements of 40 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 a physical change in, or change in the method of operation of~ an existing major stationary source.

(pp) UProjected actual emissions" means the following:

(I) The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR

pollutant in any consecutive twelve (12) month period of the five (5) years following the date the unit resumes regular

operation after the project, or in any consecutive twelve (12) month period of the ten (10) years following the date the

unit resumes regular operation, if the project involves increasing the emissions unit's design capacity or its potential to

emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a

significant net emissions increase at the 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) consider all relevant infonnation, including, but not limited to:

(AA) historical operational data;

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(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 under the 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 of using the method set put in clause (A), may elect to use the emissionsunit's potential to emit, in

tons per year, 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 of operation associa~ed with the commencement of commercial operations by a coal·fired utility unit after

a period ofdiscontinued operation where the unit:

(1) has not been in operation for the two (2) year period prior to the enactment of the CAA Amendments of I990, and

the emissions from the unit continue to be carried -in the department's emissions inventory at the time of enactment;

(2) was equipped prior to shutdown with a continuous system of emissions control that achieves a removal efficiency

for sulfur dioxide of not less than eighty-five percent (85%) and a removal efficiency for particulates of not less than

ninety-eight percent (98%);

(3) is equipped with low-NOx burners prior to the time of commencement of operations 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 or techniques that are reasonably available taking into account:

(l) the necessity ofimposing the controls in order to attain and maintain a national ambient air quality standard;

(2) the social, environmental, and economic impact ofthe controls; and .

(3) alternative means of providing for attainment and maintenance ofthe standard.

(ss) "Regulated NSR pollutant" means any ofthe following:

(I) Any:

(A) pollutant for which a national ambient air quality standard has been promulgated; and

(B) constituents or precursors for the pollutanjs identified by the U.S. EPA.

(2) Any pollutant that is subject to any standard promulgated under Section III ofthe CAA.

(3) Any Class I or J] substance subject to a standard promulgated under or established by Title VI ofthe CAA.

(4) Any pollutant that otherwise is subject to 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 of the 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 or precursor of a 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) "Replacement unit" 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 of 40 CFR 60.J5(b)(I)*, or the emissions unit

completely takes the place of an existing emissions unit.

(2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(3) The replacement does not alter the basic design parameters, as discussed in 40 CFR 51.165(h)(2), of the process

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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. If the replaced

emissions unit is brought back into operation, it shall constitute a new 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 of Energy, a derivative of one (I) or more of

these technologies, and any other technology capable of controlling 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 ofNovember 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 of January I, 1991, by the Department of Energy. 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 of the CAA.

(vv) "Secondary emissions" means emissions that would occur asa result ofthe construction or operation of a major

stationary source or major modification, but do not come from the major stationa'ry source or major modification itself. The tenn

includes emissions from any off-site support facility that would not be constructed or increase its emissions except as a result 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 of a motor vehicle;

(2) a train; or

(3) a vessel.

(ww) "Significant" means the following:

(l) In 'reference to a net emissions increase or the potential ofthe source to emit any ofthe following pollutants, a rate

of emissions that would equal or exceed any of the following rates:

(A) Carbon monoxide: one hundred (100) tons per year.

(B) Nitrogen oxides: forty (40) tons per year.

(C) Sulfur dioxide: forty (40) tons per year.

(D) Particulate matrer: twenty-five (25) tons per year.

(E) PM,,: fifteen (15) tons per year.

(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 per year.

(I) Beryllium: four ten-thousandths (0.0004) tall per year.

(1) Mercury: one-tenth (0.1) ton per year.

(K) Vinyl chloride: one (I) ton per year.

(L) Fluorides: three (3) tons per year.

(M) Sulfuric acid mist: seven (7) tons per year.

(N) Hydrogen sulfide (H,S): ten (10) tons per year.

(0) Total reduced sulfur (including H,S): ten (10) tons per year.

(P) Reduced sulfur compounds (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 per year.

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

(S) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): forty (40) tons

per year.

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

per year.

(V) Ozone-depleting substances (ODS): one hundred (100) tons per year.

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

M (W) Any regulated NSR pollutant other than 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 of a Class I area; and

(B) has an impact on the area equal to or greater than one (I) microgram per cubic meter (24-hour average).

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

as defined in subsection (ww), for that 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 air pollutant, that the pollutant is 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 of the quantity of emissions of that pollutant, and that the control requirement bas taken effect and is

operative to control, limit, or restrict the quantity of emissions of that 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 of GHGs 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 FR 56395 (October 30,2009).

(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 that both 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. For the 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-five thousand (75,000) tpy CO,e instead of applying the value in subsection (ww)(l)(W).

(4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation iflhe stationary source is:

(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 or more; or

(B) an existing major stationary source for a regulated NSR pollutant that is 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 or more.

(5) Beginning July 1,2011, in addition to the provisions in subdivision (4), the pollutant GHGs shall be subject to

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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

project that: .

(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 after the project is terminated.

*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732

North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of

Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue,

Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 lAC 2-2-I;filed Mar 10, 1988, 1:20 p.m.: IIIR 2391;filed Apr

13, 1988,3:35 p.m.: IIIR 3022;filedJan 6,1989,3:30 p.m.: 121R 1I02;filed Jun 14, 1989, 5:00p.m.: 121R 2020;filed Nov

25, 1998, 12:13 p.m.: 22 IR 997; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3105;filed Oct 23, 2000, 9:47 a.m.: 241R 668;

filed Mar 23,2001,3:03 p.m.: 241R 2412;filed Dec 20,2001,4:30 p.m.: 251R 1557;filed Mar 9,2004,3:45 p.m.: 27 IR 2216;

filed Aug 10,2004,3:35 p.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 of ambient air quality

in the area that the major stationary source or major modification would affect for each ofthe following pollutants:

(1) For a source. each regulated NSR pollutant that 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 of that pollutant from the source or the net emissions increase of that

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 of this section with respect to monitoring for a

particular pollutant if either ofthe following apply:

(A) The emissions increase of the pollutant from a new source or the net emissions increase of the 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) Sulfur dioxide: 13 ~g/m', 24-hour average.

(v) Ozone: No de minimis air quality level is provided for ozone; however, any net increase of one

hundred (100) tons per year or more of VOC subject to PSD would be required to provide ozone

ambient air quality data.

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(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-hour average.

(ix) Fluorides: 0.25 flg/m" 24-hour average.

(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 of the pollutant in the area affected by the source or modification are less than the

concentrations listed in clause (A) or the pollutant is not listed in ,Iause (A).

(3) The requirements of this 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 of determining whether emissions of that pollutant would cause or contribute to a violation of the 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 of at

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 data that is required shall have been gathered over at least that shorter period.

(4) The owner or operator of the proposed major stationary source or major modification of VOC 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 under this subsection.

(5) The owner or operator of a 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 or modification may have, or is having, on air quality in any area.

(6) The owner or operator of a major stationary source or major modification shall comply with the requirements of 40

CFR Part 58, Appendix B* during operation ofmonitoring stations for purposes ofcomplying with this 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 of Environmental 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 Street NW, Washington, D.C. 2040J or are available for review and copying at the Jndiana Department of

Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue,

Indianapolis, Jndiana 46204. (Air Pollution Control Board; 326 lAC 2-2-4; filed Mar 10, 1988, 1:20p.m.: 11 lR 2396;filedApr

13.1988,3:35 p.m.: JJ lR 3026;filedJan 6, 1989, 3:30 p.m.: 12 lR J099;filed Mar 23,2001,3:03 p.m.: 24 lR 2420;filed Dec

20,2001,4:30 p.m.: 25 lR 1565;filedAug 10, 2004, 3:35 p.m.: 27 lR 3901;filed Oct 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

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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 or unless the context dearly 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 of emissions in tons per year of any regulated pollutant emitted from a

Part 70 source over the preceding calendar year or any other period detennined by the commissioner to be

representative of normal source operation.

(3) "Affected source" shall have the meaning given to it in the regulations promulgated under Title 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 of the 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 of the CAA that implements the relevant

requirements oflhe CAA, including any revisions to that plan promulgated in 40 CFR 52*.

(B) Any term or condition of any preconstruction permits issued under regulations approved or promulgated

through rulemaking under Title I, including Part Cor D ofthe CAA.

(C) Any standard or other requirement under Section I II ofthe CAA, including Section I I I(d) of the CAA:

(D) Any standard or other requirement under Section]]2 of the CAA, including any requirement concerning

accident prevention under Section I 12(r)(7) oflhe CAA.

(E) Any standard or other requirement of the acid rain program under Title IV of the 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) of the

CAA.

(J) Any standard or other requirement for tank vessels under Section 183(1) of the CAA.

(K) Any standard or other requirement of the. Code of Federal Regulations promulgated to protect

stratospheric ozone under Title VI of the CAA, unless the U.S. EPA has determined that the requirements

need not be contained in aPart 70 permit.

(L) Any national ambient air quality standard or increment or visibility requirement under Part C of Title Jof

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 of HAPs that is not a major source. The term does not include motor

vehicles or nonroad vehicles subject to regulation under Title 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 of Federal 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) of the 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.

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The term shall not include noncompliance to the extent caused by improperly designed equipment, failure to implement

an adequate preventive maintenance plan, careless or improper operation, or operator error.

(13) "Emission limitation or standard" means any ofthe following as defined under the CAA:

(A) A federally enforceable emission limitation or standard. .

(B) A standard of performance.

(C) A means of emission limitation.

An emission limitation or standard may be expressed in tenus ofthe pollutant, expressed either as a specific quantity,

rate, or concentration of emissions (for example, pounds of sulfur dioxide (S02) per hour, pounds of sulfur dioxide

(S02) per mmBtu, or kilograms of VOC per liter Cif applied coating solids) or as the relationship of uncontrolled 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

requirement t9 which the source would otherwise be subject.

(15) "Emissions unit" means any part or activity of a 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 of unit 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 of a 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 of which is to protect public

health or welfare without regard to technical achievabiJity; including, but not limited to, any requirement in a permit

based on:

(A) an emission standard for HAPs promulgated under 40 CFR 61 *, including 326 lAC 14;

(B) conditions to prevent significant deterioration of air 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) of the 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 not required in a pennit application submitted under this rule'or 326 lAC 2-8; however, additional emissions

information must be provided upon request by the departm'ent.

(B) Notwithstanding any other requirements in this rule, the applicant shall include all emissions sources and

quantifY emissions ifneeded to determine:

(i) major source status;

(ii) compliance with any applicable requirement; or

(iii) the applicability of any applicable requirement.

Identification of an activity or equipment as insignificant under this section does not preclude the inclusion of

the activity or equipment in a compliance plan or protocol as appropriate.

(C) Notwithstanding any other provision of this 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 statement required by 326 lAC 2-6.

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(D) A change in a source's insignificant or trivial activities or the addition of an insignificant activity or trivial

activity shall not constitute a modification for purposes of sections 10.5 and] 2 ofthis rule, ifthe new activity

or modified activity:

(i) meets the definition of insignificant activity of this subdivision or trivial activity of subdivision

(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

per year 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 (PMIO), the exemption level is either five (5)

pounds per hour or twenty-five (25) pounds per day.

(G) For units with potential uncontrolled emissions of HAPs, that are not listed as insignificant in clauses (H)

through (L) or defined 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 per year of a 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 of a multistep process line shall be repolted as such on the operating permit

application, and the source shall include a description of the function and components of the 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 of drugs, 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. If a 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 power to 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 efficient production processes;

(ii) test methods for preventing or reducing adverse environmental impacts; or

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(iii) conduct research and.development into new processes and products:

Support activities necessary to the research and development activities are considered to be part of the

research and development activities. Support activities do not include the provision of power to 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 power to a source 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 of an 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 of power 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 power to a source or solid waste disposal units, such as incinerators.

(K) Any ofthe following listed activities:

(i) Combustion related activities, as follows:

(AA) Space beaters, process heaters, heat treat 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 per hour.

(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%) sulfur by '.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 of capacity 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

per hour.

(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 a fixed location or on mobile equipment.

(BB) A petroleum fuel other than 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 per day or less.

(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 or less than twelve thousand (12,000) gallons.

(BB) Vessels storing the following:

(aa) Lubricating oils.

(bb) Hydraulic oils.

(cc) Machining oils.

(dd) Machining fluids.

(iv) Refractory storage not requiring air pollution control equipment.

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(v) Equipment used cxelusively for the following:

(AA) Packaging the following:

(aa) Lubricants.

(bb) Greases.

(BB) Filling drums, pails, or other packaging containers with the following:

(aa) Lubricating oils.

(bb) Waxes.

(cc) Greases.

(vi) Production related activities" including the 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 a vapor pressure equal to or less than:

(aa) two (2.0) kilo Pascals (fifteen (15) millimeters of mercury 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 of ultraviolet 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 of one (I) inch plate

or equivalent per year.

(bb) Using eighty (80) tons or less ofwelding consumables per year.

(vii) Activities associated with the following recovery systems:

(AA) Rolling oil recovery systems.

(BB) Ground water oil recovery wells.

(viii) Solvent recycling systems with batch capacity less than or equal to one hundred (100) gallons.

(Ix) Water based activities, including the following:

(AA) Activities associated with the treatment of wastewater streams with an oil and grease

content less than or equal to one percent (1%) by volume.

(BB) Water run-off ponds 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

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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 excluding HAPs.

(FF) Noncontact cooling tower systems with eitber ofthe following:

(aa) Natural draft cooling towers not regulated under a NESHAP.

(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, including the following:

(AA) Replacement or repair of electrostatic precipitators, bags in baghouses, and filters in

other air filtration equipment.

(BB) Heat exchanger cleaning and repair.

(CC) Process vessel degassing and cleaning to prepare for internal repairs.

(xi) Trimmers that: .

(AA) do not produce fugitive emissions; and

(BB) are equipped with a dust collection or trim material recovery device, such as a bag

filter or cyclone.

(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 for soEd raw materia!, !!!c!!..!di!!g the fo!!ow!ng:

(aa) Coal or coke conveying of less 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

after August 31,1983.

(BB) Uncovered coal or coke conveying of less 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 of buildings, 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 of gas lines.

(BB) Purging of vessels..

(xviii) Flue gas conditioning systems and associated chemicals, such as the following:

(AA) Sodium sulfate.

(BB) Ammonia.

(CC) Sulfur trioxide.

(xix) Equipment used to collect any material that might be released during a malfunction, process

upset, or spill cleanup, including the following:

(AA) Catch tanks.

(BB) Temporary liquid separators.

(CC)Tanks.

(DD) Fluid handling equipment.

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(xx) Blowdown for the following:

(AA) Sight glass.

(BB) Boiler.

(CC) Cooling tower.

(DD) Compressors.

(EE) Pumps.

(xxi) Furnaces used for melting metals other than 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 a design 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 coalescer media 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 of outlet 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.

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(bb) Quarterly inspection reports, when vented to the atmosphere.

(cc) Visible observation reports.

(dd) Records of corrective 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 per minute.

(BB) The baghouse does not emit particulate matter with a diameter less than ten (10)

microns in excess of one-hundredth (0.01) grain per dry standard cubic feet of outlet 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 abnormal emissions 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 owner or operator keeps 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 of corrective actions.

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

FOi purposes of clauses (B) ar:.d (C), th:.:: term sh"H ::ich.lGC any group of stnt:om::ry sources that are located en 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 purposes of defining major source in clause

(B) or (C), a stationary source or group ofstationary sources shall be considered part of a 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 of the 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 of the 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 if at 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 a contiguous area and under common control that emits or has the potential to emit, in

the aggregate:

(AA) ten (10) tons per year (tpy) or more of any HAP that has been listed in Section 112(b)

oftheCAA;

(BB) twenty-five (25) tpy or more of any combination ofsuch HAPs; or

(CC) such lesser quantity 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

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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 a more than de minimis manner.

(iii) For radioquclides, major source shall have the meaning specified by the U.S. EPA by rule.

(B) A major stationary source of air pollutants, as defined in Section 302 of the CAA, that directly emits or

has the potential to emit, one hundred (100) tpy or more of any regulated air pollutant subject to regulatiou

(including any major source offugitive emissions of any such pollutant, as determined by the U.S. EPA by

rule). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major

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

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 of municipal incinerators, capable of charging 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 per hour heat 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 of more than two hundred fifty million (250,000,000)

British thermal.units per hour heat input.

(xxvii) Any other stationary source category regulated under Section III or 112 of the 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 I ofthe CAA, including the following:

(i) For ozone nonattainment areas, sources with the potential to emit:

(AA) one hundred (100) tpy or more of VOC or oxides of nitrogen in areas classified as

marginal or moderate;

(BB) fifty (50) tpy or more ofVOC or oxides of nitrogen 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 of nitrogen oxides shall not apply with respect to any source for which the U.S. EPA has made a

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finding, under Section 182(1)(1) or 182(1)(2) of the CAA, that requirements under Section J82(1) of

the CAA do not apply. .

(ii) For ozone transport regions established under Section 184 of the CAA, sources with the potential

to emit fifty (50) or more tpy ofVOC.

(iii) For carbon 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 PMIO nonattainment areas classified as serious, sources with the potential

to emit seventy (70) tpy or more of PM".

(23) "Part 70 permit" or "permit" means any Part 70 permit or group of Part 70 permits authorizing the operation of a

Part 70 source that is issued, renewed, amended, or revised under this rule.

(24) "Part 70 pennit modificationr

' means a revision to a Part 70 permit that meets the requirements of section" 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 permit revision" means any Part 70 permit modification or administrative Part 70 pennit amendment.

(27) "Part 70 program" means the operating permit program established by this rule and approved by the U.S. EPA

under 40CFR 70*..

(28) "Part 70 source" means any source subject to the permitting requirements as provided in section 2 ofthis rule.

(29) tlPotentiaI to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical

and operational design. Any physical or operational limitation on the capacity of a 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 of its design if the limitation is enforceable by the U.S. EPA.

-This term does not alter or affect the use of this term for any other purpose under the CAA, (or the term "capacity

factor" as used in Title IV ofthe CAA) (or the 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 for review in compliance with section 18 ofthis rule.

(31) "Regulated air pollutant" means any ofthe following:

(A) Nitrogen oxides or any vbc.

(B) Any pollutant for which a national ambient air quality standard has been promulgated.

(C) Any pollutant that is subject to any standard promulgated under Section III ofthe CAA.

(D) Any Class I or 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 of the 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 after the applicable date established under Section 112(e) ofthe CAA.

(ii) Any pollutant forwhich the requirements of Section 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 of section 19 ofthis rule" means any regulated air pollutant,

except the following:

. (A) Carbon monoxide.

(B) Any pollutant that is a regulated air pollutant solely because it is a Class I or Class Il substance subject to a

standard promulgated under or established by Title VI ofthe CAA.

(C) Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under

24
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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) a vice president ofthe corporation in charge ofa principal business function;

(v) any other person who performs similar policy or decision 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 subject to a Part 70 permit and either the:

(AA) facilities employ more than two hundred fifty (250) persons Or have 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 of a principal geographic unit of the agency,

for example, a regional administrator ofthe U.S. EPA.

(D) For affected sources:

(i) the designated representative for actions, standards, requirements, or prohibitions under Title IV of

the CAA or the regulations promulgated thereunder; and

(ii) the designated representative for any other purposes under a Part 70 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 pollutant listed under Section J 12(b) ofthe CAA.

(39) "Subject to regulation" means, for any air pollutant, that the pollutant is 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 of the quantity of emissions of that pollutant, and that the control requirement has taken

effect and is operative to control, limit, or restrict the quantity of emissions of that 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 of July 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.

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(v) Perfluorocarbous.

(vi) Sulfur hexafluoride.

(B) "Tons per year (tpy) CO, equivalent emissions (CO,e)" shall represent an amount of GHGs emitted

and shall be calculated as follows:

(I) Multiply the mass amount of emissions 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 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 or processes, including, but not limited to, any requirement in a permit based 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 of the 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 or modified 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 or 326 lAC 2-8.

(C) Any activity or emission 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 or combination 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 per day.

(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 per day.

(DD) For YOC, potential uncontrolled emissions that are equal to or less than one (I) pound

per day.

(EE) For nitrogen oxides (NO,), potential uncontrolled emissions that are equal to or less

than one (I) pound per day.

(FF) For particulate matter with an aerodynamic diameter less than or equal to ten (10)

micrometers (PMIO), potential uncontrolled emissions that are equal to or less than one (1)

pound per day.

(D) Water related activities, including the following:

(i) Production of hot water for on-site personal use not related to any industrial or production process.

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

activities associated with wastewater treatment.

(iii) Steam traps, vents, leaks, and safety relief valves.

(iv) Cooling ponds.

(v) Laundry operations using only water solutions of bleach 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 of equipment.

(xi) Water jet cutting 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 of any motorized or

nonmotorized vehicle, conveyance, or device.

(ii) Combustion emissions from propulsion of mobile 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 of electric 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 of buildings, structures, equipment, or

vehicles at the source where air emissions from those activities would not be associated with any commercial

production process, including the fonowing:

(i) Activities associated with the repair and maintenance of paved and unpaved roads, including

paving or sealing, or both, of parking 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 of cutting oil in machining operations.

(viii) Nonasbestos insulation installation or removal.

(ix) Tarring, retarring, and repair of building roofs.

(x) Bead blasting of heater tubes.

(xi) Instrument air dryer and filter maintenance.

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(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 of hot 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, or plastic.

(viii) Polishing.

(ix) Routing.

(x) Sanding.

(xi) Sawing.

(xii) Surface grinding.

(xiii) Turning wood, metal, or plastic.

(I) Housekeeping and janitorial activities and supplies, including the 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 or phosphate 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) Blueprint machines, 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, including the 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 or storing liquid substances that do not contain any

VOCorHAP.

(iii) Storage tanks, reservoirs, and pumping and handling equipment ofany 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.

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(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, including the 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 relief devices installed solely for the purpose of minimizing injury to pcrsons or

damage to equipment that could result from abnormal process operating conditions, including the

following:

(AA) Explosion relief vents, 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 of removing 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

equipment used to withdraw materials for analysis.

(ii) Hydraulic and hydrostatic testing equipment.

(iii) Ground water monitoring wells 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) Sampling ofwaste.

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

(ix) Instrument air dryers and distribution.

(0) Use of consumer products and equipment where the product or equipment is:

(i) used at a source in the same manner as normal consumer use; and

Oi) not associated with any production process.

(P) Equipment and activities related to the handling, treating, and processing of animals, including thc

following:

(i) Equipment used 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.

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(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 other materials that do not emit HAPs in the process.

(iv) Laser trimmers that:

(AA) do not produce fugitive emissions; and

(BB) are equipped with a dust collection device, such as a bag filter, cyclone, or equivalent

device.

(v) Application equipment for hot melt adhesives with no VOC in the adhesive formulation.

(vi) Drop hammers or hydraulic presses for forging or metalworking.

(vii) Air compressors and pneumatically operated equipment, including hand tools.

(viii) Compressor or pump 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 salt solutions;

provided appropriate lids and covers are utilized.

(x) Equipment for washing or drying fabricated glass or metal products, ifno:

(AA) VOCs or HAPs are used in the process; and

(BB) gas, oil, or solid 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 steelmaking furnaces 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 emit VOCs or HAPs.

(ii) Condensate drains for natural gas and landfill gas.

(iii) Electric or steam heated drying ovens and autoclaves, including only the heating emissions and

not any associated process emissions. '

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

any regulated air pollutants.

(v) Ozone generators.

(vi) Portable dust collectors.

(vii) Scrubber systems circulating water based .solutions of inorganic salts or bases that are installed

to be available for response to emergency situations.

(viii) Soil borrow pits.

(ix) Manual loading and unloading operations.

(x) Purging ofrefrigeration devices using a combination of nitrogen and CFC-22 (R-22) as pressure

test media.

(xi) Construction and demolition operations.

(xii) Mecha,nical equipment gear boxes and vents that are 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

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December 1, 20 I0

Environmental Management, Office of Air Quality, lndiana Government Center North, Tenth Floor, 100 North Senate Avenue,

Indianapolis, Indiana 46204.

**Copies ofthese documents may be obtained fi'om the Government Printing Office, 732 North Capitol Street NW,

Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management,

Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Poill/lion Controi Board; 326 lAC 2-7-I;fi/ed May 25, 1994, 11:00 a.m.: 17 IR 2249;fi/ed Dec 19, 1995, 3:05p.m.: 191R

1051; erratafi/ed Apr 9,1996,2:30 p.m.: 191R 2045;fi/ed May 31, 1996,4:00p.m.: 191R 2856;fi/ed Apr 22,1997,2:00 p.m.:

20lR 2326; filed Nov 25, 1998, 12:l3 p.m.: 221R 1020; erratafi/ed May 12, 1999, l!:23 a.m.: 22 lR 3106;fi/ed Dec 20,2001,

4:30 p.m.: 251R 1573;fi/ed Oct 1, 2010, 3:48 p.m.: 20101027-1R-326070372FRA)

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Rule:

Agency:

Subject:

Rule Signature Page

LSA #IO-SOS(F)

Air Pollution Control Board

Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring

Rule

::onE~

JamMiI1e;Ji

Chairman

Air Pollution Control Board

APPROVED AS TO FORM AND LEGALITY:

By:

Greg Zoeller

Attorney General, State ofIndiana

APPROVED:

By:

Mitchell E. Daniels, Jr.

Governor, State ofIndiana

ACCEPTED FOR FILING:

By:

Indiana Register

Legislative Services Agency

Date: J'!d-',-',.:.../-c _

Date: _

Date: _

Date: _
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Prescribed by State Board ofAccounts 80315-5726503 General Form No. 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 - (Must not exceed two actual lines, neither ofwhich shall

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

advertisement is set). - number ofequivalent lines

Head - Number oflines

Body - Number oflines

Tail - Number oflines

Total number oflines in notice

COMPUTATION OF CHARGES

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

cents per line

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

of above amount)

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

TOTAL AMOUNT OF CLAIM

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

.00

$__----LII"'2=.3""9

DATA FOR COMPUTING COST

Width ofsingle column 5.8 ems

Number ofinsertions 1.0

Size oftype 1

Pursuant to the provisions and penalties onc 5-II-I0-1, 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,

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

10/29/2010 and 10/29/2010

Additionally, the statement checked below is true and correct:

. Newspaper does not have a Web site.

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

the newspaper

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

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

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

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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 $ \ \~ .~9

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TO INSURE PROPER CREDIT

RETURN THIS FORM WITH REMITIANCE

THANK YOU

INDIANAPOLIS NEWSPAPERS

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Prescribed by State Board of Accounts

.....I.Q.f.tJ1....................... (Governmental Unit)

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 1O~ 1, I hereby certify that the foregoing account is

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

has been paid.

COMi;UTNION OF CHARGES 0

;lOY lines• ....l-.. columns wide eqUalsd.....~qUIValent lines at " ..:7.'- $'CJ

cents per line _

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

Charge for extra proofs of publication ($1.00 for each proof in excess of two) _

TOTAL AMOUNT OF CLAIM

LINE COUNT

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

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

advertisement is set) -- number of equivalent lines

Head - number of lines _

Body - number of lines _

Tail-- nulTIber of lines _

Total number of lines in notice _

"':=7r"015'" $ .':?...z":.a.o......

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Size of type...7....point.

DATA FOR COMPUTING COST

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Additionally, the statement checked below is true and correct:

Date ..... ../0..:/1.1£70.........

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

the newspaper.

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

Newpaper has a Web site but refuses to post the pUblic notice.

.lk~..Ko.y . Legal Clerk

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Claim No. Warrant No. _

IN FAVOR OF

$----

ON ACCOUNT OF APPROPRIATION FOR

Appropriation No.

ALLOWEO ,

IN THE SUM OF $ _

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

That it is in proper form.

That it is duly authenticated as required by law.

That it is based upon statutory authority.

correct

That it is apparently

incorrect

I certify that tha within claim is true and correct; that the servieas there in itemIZed and for which charge is made were ordered

by me and 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 quality standards

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 V greenhouse 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.
((,(
Prescribed by State Board of Accounts General Form No. 99P (Rev. 2009A)

57. -1/ $ .

$ ::5.::2:-:Y[

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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 or tabular work (50 per cent

of above amount) ..

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

of two)

TOTAL AMOUNT OF CLAIM

LINE COUNT

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

total more than four solid Iines.of the type in which the body of the

advertisement is set) .. number of equivalent lines

Head .. number of lines ..

Body .. number of lines •••••••.••••••••••••••••••••.•••••••

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

has been paid.

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

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

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Kate Stephen ..·..·..·!·W·/liff;fI'I~j£iii'Vil·~;asi·d·will@i·

Dateu..ek~r.......l!.......,..'?9./0 Title: Legal Clerk

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

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

the newspaper.

...... Newspaper has a 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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The TImes Media Company

601 W. 45th Avenue. Munster, IN.463:21

Appropriation No.

ALLOWED ' ..' ."

iN THE SUM OF $

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J have examined the within claim and hereby certify as

follows:

That it is in proper form.

That it is duly authenticated as required by law.

That it is based upon statutory authority.

correct

That it is apparently

incorrect

I certify that the within claim is true and correct: that the services there in Itemized and for which charge is made were ordered

by me and were necessary to the public business

/".
THE TIMES MEDIA COMPANY, MUNSTER, IN

legal Notice of Public 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:'

I

scheduled meeting on Wednesda'y~_-C December 1, 2010. The meeting!

will convene at 1:00 p.m. at the 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 at the 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 hearJ - .

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,Ind1ana Government Center North, 100 North,.

Senate Avenue, Indianapolis a~%

(317) 233-5697 or (800) 451-602~~

(ext 3-5697)(in Indiana), or'1!

sbem@jcfemingrot, ",

For these 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 event should 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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The Journal Gazette

Account # 1060944 - 858813

Allen County, Indiana Ind Dept Of Environmental Mgmt

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Additional charges for notices containing ru e

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($1.00 for each proof in excess of two)

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) -- number of equi

Head -- number of lines

Body -- number of lines

Tail-- number of lines

Total number of lines in notice 178

COMPUTATION OF CHARGES

178 lines, 1 column(s) wide equ

178 equivalent lines at $ 0.371 66.04

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DATA FOR COMPUTING COST

Width of single column in picas .... 9.8 Size of type .... 7point.

Number of Insertions .... 1

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

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

and that no part of the same has been paid.

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

and type size, which was dUly published in said paper 1 times.

The dates of publication being as follows:

10/20/2010

.

T. Brown-Smith

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

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

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

IN FAVOR 0;

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That it is In proper form.

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That It Is duly authenticated as requi(Eld by taw.

That It is based upon statutory authority.

correct

That it Is apparently

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I ceftlfy thai the within claim is 'ltue aM correct: that the seiv·

lees there In itemized aM. for which 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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Prescribed by State Board of Accounts

5534701

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

XI16 Indiana Dept of Environmental Mgmt

(Governmental Unit)

To __-'E"'V-'.-A"'N"'S-'-V"'IL"'L=-E..=C..=O..=U"'R"'IE"'R'-C&"'P'-'R'-"E"'S""S'--__ .~

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

PUBLISHER'S CLA;;[fi5~illJ LINE COUNT ,

Display Master (Musl not exceed two actual lines, neither of which shall

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

advertisemeht is set) - number of equivalentline~ , 332

Head - number of lines 0

Body -- number of lines 332

Tail- number oflines 0

Total number of lines in notice 332

73;57

5p8 , Siie oftype_--,-7__point

COMPUTATION OF CHARGES

166 lines, 2 columns wide equals

cents per line

Additional charges for notices containing rule or tabularwork

of above amount) " ,

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

~- '

TOTAL AMOUNT OF CLAIM

DATA FOR COMPUTING COST 'i

Width of single Column In picas

Number of insertions '1

ATIACH

C()PYOF

C.LIPPING

HERE

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

justandcOI;rect, that the amount claimed is legally due, afterallowlng all Just credils, ahd that no part of the,same '

has been paid: • '

I also certify that the printed mailer attached 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

Newspaper does not have a Web site.

Newspaper has a Web site, and thispublionoticev;as posted on ,the same daY as it was published'

in the newspaper. " ,

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

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

Date 1111/10 Trtle • Accounting Clerk

ATIACHCOPY

OF ADVERTISEMENT

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I have exafl.'lined the within claim and hereby certify as

'follows':

That It Is.In properform.

That it is'duly authenticated as required by law.

ttti~~1haOt Is based upon statutoI)' authority.

i~t,ff:~.~at it Is apparently" ~rrec; " :>1~J~<b' Incorrect

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I certify that the'within clair;n is true and correct; that the_~erv­

.~ Initemized and for 'llihich charge.is ,m.ada were orc!ered

and were necessary to Joe public busihess .

!,-.,--~--'--'-

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EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN

Legal Notice of Public He,aring '1; ·r

Under 40 CFR 51.102 notice is h¥reby, -:\;(:; given that the Indiana Air Pollution COI).,:.I

trol Board {board) will hold public hear:"l1

logs at its regularly scheduled meeting'"::) on Wednesday. December 1, 2010. The,,~ meeting will convene at 1:Oo-p.m. aUhe,~.,:

Indiana Government Center-South. Con,'::. ference Room C, 402 West Washington ,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~'

olty to express t'1eir views' concerning:.ji.

1. the proposed actions. "',f

Copies of the draft and proposed rUl~/~I:' are available to any person upon re· """i~ quest and are available for public in-' '. ,,~$'

spection at the following I001tions: ,"f~

Indiana Department of Envlronmental,',~l

Management, Office of Air Quality;ln-.;·~ diana Government Center·North; 100,··: i{

North Senate Avenue, 10th floor-East. ,: ,~':

,wing, Indianapolis, Indiana 46204.. ",. 1 Le9lsla~ive Services Agency, Indiana, 'i~'\,

, Government Center·North.t 100 ~orth.;,.)}. Senate Avenue, Room N2u1.-!ndlsnapp1'!'. i lis, Indiana 46204. ' Indiana Department of Envlronme

ManagGment, Northwest Office"

Louisiana Street, Merrillv1l1e, India

46410. . indiana Department of Envlronm~nt

Managemet:lt Northern Office, SUl~e 450, 300 N. lVIichigan Street, South;'

Bend, Indiana 46601.

Indiana Department of Environment

Management, Southwest Office, 112

NorthVincennes Avenue; P.O. Box " Petersburg, Indiana 47567-0128.

Indiana Department of Environment

Management, Southeast Office, 820'

West'Sweet Street, Brownstown, In7;,

diana 47220-9557. ' -, Indianapolis Central Library, 40 Eas

Clair Street, Indianapolis, India

Hammpnd Public library, 564

Street, Hammond\ Indiana 46320.

Allen County Pub ic Library, 900

Plaza, Fort WayneAndiana 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 of this hearing is to re public comment on amendments to lAC 1-3-4 that Is Rroposed for adopt by the board. This draft rule amen the national ambie:nt air quality sta'

dards for nitrogen dioxide (N02) a~ sulfur dioxide (S02). ,.:: For additional information cancer this rulf# contact Manda Clevenger Indiana Department of Environme

Management, Office of Air Quality

Room 1003: ,Indiana Government

North, 100 North Senate Avenue, In

dianapolis at (317) 232-8229 or (8001451-6027 {ext. 2-8229l(in Indial}

or mcleveng@idem.iQ.gov. ' ":'''''1

Greenhouse Gas Tailoring (lSA #10-

505). The purpose of this hearing is to receive public comment on amend- " ments to 326 lAC 2, concerning the pre~,.'

vention ofsignificant deterioration and'-;::

litle V greenhouse gas tailoring Tule ,. 'p~

that arc proposed for adoption by the ",1

board. This draft rule amends languag~}

in the permitting rules to ensure.green~:'.~

house gases are regulated at the appro":,,,,

priate thresholds. '.:\

For additional information concerning ,:'

this rule contact Susan Bern at the In~ :~;

diana Department of Environmental' .:",~

Management, Office of Air Quality /',,;

Room 1'003, hidiana Government Cen~er;:\' North, 100 North Senate-Avenue,ln- :~-;'

dianapo!is at 13171233~5697or , ::'<

(800) 451·6027Iext. 3-5697l(in Indiana)/\i or sbem@idem.in.gov. ,:~: , ,,~.'

Compliance Monitoring IlSA#05-330). :':I

The pur~ose of this hearing is to receiv(!,.~j

public comment on amendments to 326,<:

IAC'3, concerning compliance monitor~..'.":)

Ing requirements that Is proposed for 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'at the 11'1-' " ~! diana ~partmentof Environmental' , , .. : Management, Office of Air Quality ,:':~

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 but forlhe accuracy of ttte . ',:;1!

record, piease submit statements 10 ':'1.) writing to the attendant designated to':, }1~

receive written comments at the pubiic'.w hearing.' ,,:'~:'~i

A transcript of the hearings and all wrJt$; ten submissions to the board at the pu· lie hearings shall be open to public In· Y:f : spectiol'i atthe Indiana Department of": ,f

Environmental Management; ,coRies ,: -:,)1~~

may be made available to any perso;n' .~;;:,

upon payment of reproduction costs. :I >:,,~

Any person heard or represented at thEit,i ! heanng~r requesting notice shell be , :, ...., : given written notice of the action of t~~,~~ board. . : .... Christine Pedersen, Chief _.};r, Rule and State ImplementatIOn Plan De~,~

velopm~ntSection ',>.-JiOffice of Air Quality "';

**.**;.*tOlH',,****.... .....,,** ,,**... *;,*,.~~ ~*****~***"'*K* ...************..*****ft, ,, ~** ** "';'9.

lndivld.uals requirir;g. rea.son_able.accom:~i modaW""s for parttClpatlOn m thiS eve'1tr:

should contact the Indiana Departme,h.t.\;~ of Environmental ManaQement, _ ,_. I;,~~,

Americans with Disabilitles Act coordf:..iil nator af: ' ""',~&

Attn: ADA Coordinator "!':'~;. Indiana Department of 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 contact the ,," ~l'

agency via the'lndiana Rela'( service.. ~.:.t.h; 1-800-743·3333. Please prOVIde a mlnv/~ mum of 72. hours= notification. ',-;1. (Courier & Press Oct 20, 2010} ";,~.
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ftc #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 of Environmental Management (IDEM) requested public

comment from September I, 2010, through October I, 2010, on IDEM's draft mle language.

IDEM received comments from the following parties:

Indiana Cast Metals Association (INCMA)

United States Steel (USS)

Indiana Energy AssociationlIndiana Utility Group (IUG)

Dominion/State Line Energy Generating Station (DOM)

Duke Energy Indiana, Inc. (DUKE)

Bingham McHale.on behalf of CASE Coalition (CASE)

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

Comment: As proposed, the U.S. EPA's Prevention of Significant Deterioration and

Title V Greenhouse Gas Tailoring Rule (U.S. EPA Tailoring Rule) published on June 3, 2010,

could negatively impact foundries by imposing a significant regulatory burden on them. IDEM

should consider the pending legal challenges to the U.S. EPA Tailoring Rule, as well as the

significant permitting burden imposed on IDEM and industry by including additional sources in

a permitting program when no limits exist to enforce and no feasible control technologies exist

to install. IDEM should postpone amending the rules until other states and the U.S. EPA decide

on a reasonable and logical approach to regulating 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 "subject to regulation" in the Clean Air

Act (CAA) should not include newly classified air pollutants such as GHG emissions. It has been

shown that Congress intended the criteria for prevention ofsignificant deterioration (PSD)

permit requirements for stationary sources to be based only on national ambient air quality

standards (NAAQS) pollutants. Section 161 in Part C ofthe CAA, dictates that each state

implementation plan (SIP) must contain a PSD program and that the program be designed to

prevent significant deterioration of air quality in areas designated as attainment or unclassifiable,

making reference only to NAAQS under Section 107(d). Unlike criteria pollutants listed in the

NAAQS standards, greenhouse gases have been demonstrated to enter the atmosphere and mix

rapidly on a global scale. The objective ofthe PSD permit requirements makes sense only from

the standpoint of emissions having a local or regional impact, and not emissions ofGHGs that

act on a planetary scale. The regulation ofGHG entissions is subject to several legal challenges

I
rtc #10-505

GHG Tailoring Rule

December 1, 2010

from both industry and non-governmental organization (NGO) groups. Because the federal rules

could be remanded or vacated on a host of grounds, it is premature for IDEM to codifY its own

rules based upon federal regulations that are subject to such legal challenges. Should the 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 based upon a federal rule that did not

withstand legal scrutiny. (USS)

Comment: Although Indiana needs to act prudently in following CAA established

deadlines for the regulation ofGRGs, it must not get too far ahead ofitselfin regulating GRGs

beca1!se the D.C. Circuit Court of Appeals may effectuate changes to U.S. EPA's Tailoring Rule,

whether it be a stay ofthe interpretation that GRGs for stationary sources are "subject to

regulation" or some other invalidation ofU.s. EPA's findings andlor regulations. Congress

could also act to change U.S. EPA's path toward regulation of GRGs. 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 at the federal level until the SIP is revised .

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

Comment: The commenter recommends that the proposed timing ofthe rulemaking

effort be deferred for a reasonably short period afterJanuary 2; 2011. The validity ofthe U.S.

EPA Tailoring Rule and other related rulemaking concerning GRGs has been challenged in

numerous actions for judicial review in the federal courts. A delay in adoption of an emergency

rule by the Air Pollution Control Board (APCB) until shortly after January 2,2011, would

provide an opportunity to better gauge the likelihood ofsuccess by the pending legal challenges

or Congressional action. It also would defer putting Indiana in the position ofhaving regulation

ofGRGs in place even though the federal government ultimately may not. A modest delay in

adoption should not endanger IDEM's ability to retain control ofpermitting ofGRGs should that

become necessary because U.S. EPA would not iriitiate its rulemaking to adopt a federal

implementation plan (FIP) in Indiana until a state fails to meets its. deadline. Indiana has a SIPapproved PSD program. The commenter recommends that: .

•. At the November 2, 2010, APCB meeting, .the public be allowed to make

comments onthe proposed rule but that the APCB take no action at this meeting.

• Final action ofthe present Section 8 rulemaking be deferred by noticing a second

public comment period and scheduling a hearing for consideration of adoption at

the January or February, 2011 APCB meeting.

• Adoption of an emergency rule, should IDEM propose that action, be deferred by

the APCB to the January or February, 2011 APCB meeting or later. (DUKE)

Response: In conjunction with this rulemaking (LSA #10-505), IDEM has proposed and

the Air Pollution Control Board (APCB) has adopted an emergency rule that would allow

Indiana to have a state GRG Tailoring Rule in effect on January 3,2011 (the planned filing date

ofthe emergency rule with LSA). A temporarily effective emergency rule may be adopted by the

APCB under IC 4-22-2-37.1.

U.S. EPA has interpreted the CAA to mean that GRGs will become subject to regulation

under the PSD permitting requirements when the GRG light duty vehicle rule limiting GRG

2
Iie #10-505

GHO Tailoring Rule

December 1,2010

emissions from cars and light duty trucks takes effect on January 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 air pollution permit rule threshold

requirements to higher emissions ofGHGs consistent with the federal rule. U.S. EPA has

indicated to IDEM that the state rule needs to be in effect on January 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, rather than later, toward the incorporation of the U.S. EPA GHG

Tailoring Rule into the state rules. Moving with deliberate speed toward having a state GHG

Tailoring Rule in effect ensures that IDEM remains in full control ofits PSD permitting program

and reduces the likelihood that air permits issued after January 2, 2011 will be subject to citizen

suits.

IDEM recognizes that the legality ofthe U.S. EPA GHG Tailoring Rule is being

challenged, as is the case with many new, major U.S. EPA regulations. Just as with other U.S.

EPA rules challenged at the federal level, IDEM cannot predict when a federal court might rule

or what action it may take. In prior situations involving a court ordered suspension or

invalidation ofU.S. EPA regulations, IDEM has consistently acted to provide immediate relief to

affected sources from the corresponding state rule. Ifthe result of a federal court ruling

eliminates the need for a state GHG Tailoring Rule, 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

order would 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 it is accepted for filing with LSA. IDEM anticipates that this rulemaking will be filed

with LSA in February or March 20 II. The emergency rule was written so that it too would

expire at the same time LSA #10-505 is withdrawn.

After the rule becomes effective, should there be a federal court ruling that eliminates the

need for a state OHG Tailoring Rule, IDEM would exercise enforcement discretion until the rule

can be repealed since the underlying authority for those provisions would be non-existent. An

emergency rule to temporarily remove GHG provisions until a repeal rulemaking would be

effective could be another option depending on the details ofthe federal invalidating action.

Under IC 13-15-2-2(e), the boards (including the APCB) may adopt rules to allow the

department to issue permits, and the_rules adopted must be consistent with federal law for

federally authorized or delegated permit programs. Ie 13-17-3-4(a)(2) states that the 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 longer be 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 after it is adopted and approved into the SIP. Ifthe federal rule is subsequently

3
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GHG Tailoring Rule

December 1, 2010

invalidated, U.S. EPA is not likely to enforce GHG provisions in a SIP and Indiana would work

with U.S. EPA to revise the SIP as quickly as possible.

Comment: The validity ofthe U.S. EPA Tailoring Rule and other U.S. EPA GHG

rulemakings is under challenge by numerous entities in actions currently pending in federal

courts. This rulemaking should become automatically ineffective to the extent that the

corresponding federal rule(s) are found to be invalid or a moratorium is placed upon U.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 air pollutant, that the pollutant is

subjeci 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 of emissions ofthat pollutant, and that the control

requirement has taken effect and is operative to control, limit, or restrict the

quantity of emissions ofthat pollutant released from that regulated 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

not be considered "subject to regulation" under this rule. This subsection (6) shall

apply reiroaciive1y to the date ofits adoption.

(39) "Subject to regulation" means, for any air pollutant, that the pollutant is 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 of emissions ofthat pollutant, and that the control requirement has taken

effect and is operative to control, limit, or restrict the quantity of emissions ofthat

pollutant released from that regulated activity, except as follows:

***

(3) Notwithstanding subsections (I) through (2) above, ifthe regulation ofGHGs is

found to be invalid by federal court order orCongressional action, GHGs shall not be

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 rulemaking process is used, IDEM should consider whether this

affords the state any flexibility should the underlying federal requirement be invalidated.

Invalidation of a 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

Section 8 rulemaking to clarify what happens in the event the underlying federal rule is invalidated.

(CASE)

Comment: The cornrnentersupportsthe comment by lUG to include an "off-ramp" in the rule

which would cause the rule to become ineffective if the corresponding federal rule(s) becomes

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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. Under the 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 commenter objects to U.S. EPA's development ofits GHG regulations,

including the U.S. EPA Tailoring Rule. Regulation ofGHGs, if any, should be addressed by

national legislation, apart from the CAA, not by regulatory fiat. Specific legislation could

effectively focus on any appropriate GHG reduction strategies and negate the potential

complication ofPSD and other permitting 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 out in the U.S. EPA Tailoring Rule, then IDEM should implement the program

and not U.S. EPA. Therefore, the commenter does not oppose this rulemaking to the extent that

it is necessary to implement this program in the absence ofnew federal legislation. (lUG)

(DaM) (DUKE) .

Comment: The commenter concurs 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 or control 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 of permits and modifications increasing the costs to

Indiana businesses. The commenter supports the proposed rulemaking. (DaM)

Response: IDEM appreciates the support.

Comment: Indiana's current PSD and Tille 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 of which 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

not regulated under 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 current rules 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 other pollutants to be regulated in the future) regulated under the Clean

Air Act do not automatically become "regulated NSR pollutants" under Indiana law. Even if

Indiana amends its state rule to regulate GHGs by January 2, 2011, IDEM must make it clear that

GHGs are not regulated (effective 1/2/2011) under Indiana's approved SIP. (CASE)

Response: The current state rules, SIP, and Title V Program approval do not give IDEM

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GHG Tailoring Rule

December 1,2010

the authority to regulate GHGs under the existing PSD and Part 70 programs. In this rulemaking

(LSA #10-505), IDEM is proposing adoption of a state GHG Tailoring Rule and has proposed

that this same rule be adopted as an emergency rule. Adoption ofthe emergency rule would

make these additions and amendments effective on January 3, 2011 (if filed with LSA on

January 3, 201 I). IDEM does not interpret Indiana's current rules as regulating GHGs on

January 2, 2011 when the federal rule takes effect. Upon the effective date of a 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),lndiana has three years to adopt U.S.

EPA's Tailoring Rule. U.S. EPA refers to these provisions as "our established approach for

determining when States must adopt and submit revised SIPs following changes to the new

source review (NSR) regulations" in the preamble to the Final NSR Implementation Rule for

PM2.5 (73 FR 28321, 28341, May 16, 2008). During this three-year period, Indiana's current

approved SIP would be in place providing Indiana businesses a buffer against immediate

regulation of GHGs. (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 SIP revisions

are to be done sooner. GHGs will be regulated under the CAA on January 2, 20II and permits

issued without GHG provisions after this date could be subject to a citizen suit. IDEM plans to

submit a parallel processing request for a SIP revision soon after board adoption ofthis rule,

otherwise U.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 a part ofthe SIP Call giving states a deadline of 12 months 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 or modifying because

no entity has the authority to issue permits. IDEM does not want to be in a position where)t

cannot issue permits to Indiana sources.

Comment: The commenter understands that IDEM is pursuing these changes through

Section 8 rulemaking to provide the regulated community with the benefit ofprompt adoption of

rules regulating GHGs. IDEM's inconsistent position regarding whether its current SIPapproved rules regulated GHGs (effective 1/2/20II) makes it less than clear whether this

rulemaking is establishing the regulation ofGHGs under Indiana law or is simply tailoring back

the applicability thresholds. This question must be answered. IfIDEM believes its existing SIPapproved rules regulated GHGs (effective 1/2/20II), Indiana sources may feel compelled to

establish rule language and may need additional comment periods to flesh out the necessary

language following IDEM's announcement regarding the same. Affected sources would also

benefit from being able to review and comment on IDEM's response to the U.S. EPA's Proposed

SIP Call as part ofthis rulemaking. A Section 8 rulemaking may not be appropriate because

additional comment periods may be necessary. (CASE)

Response: Please see IDEM's previous response stating that IDEM's current rules do not

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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

of public comment periods 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

significant deterioration and Title V greenhouse gas tailoring rule (75 FR 31514, June 3, 20 I0). 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 of the followiug:

(I) Any:

(A) pollutant for which a national ambient air quality 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 of the CAA.

(3) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe

CAA.

(4) Any pollutant that otherwise is subject to regulation under the CAA as defined in SECTION 3.

(5) Notwithstanding subdivisions (I) through (4), any or all HAPs either listed iu Sectiou 112 ofthe CAA

or added to the list pursuant to Section 112(b)(2) ofthe CAA, which have not been delisted pursuant to

Section II2(b)(3) ofthe CAA, are not regulated NSR pollutants unless the listed HAP is also regulated as

a constituent or precursor of a general pollutant listed under Section 108 of the 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 of the source to emit any of the following

pollutants, a rate of emissions that would equal or exceed any ofthe following rates:

(A) Carbon monoxide: one hundred (100) tous per year.

(B) Nitrogen oxides: forty (40) tons per year.

(C) Sulfur dioxide: forty (40) tons per year.

(D) Particulate matter: twenty-five (25) tons per year.

(E) PM,,: fifteen (15) tons per year.

(F) Ozone: forty (40) tons per year of VOc.

(G) Lead: six-tenths (0.6) ton per year.

(H) Asbestos: seven one-thousandths (0.007) ton per year.

(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 per year.

(M) Sulfuric acid mist: seven (7) tons per year.

(N) Hydrogen sulfide (H,S): ten (10) tons per year.

(0) Total reduced sulfur (inclnding H,S): ten (10) tons per year.

(P) Reduced sulfur compouuds (including H,S): ten (10) tons per year.

(Q) Municipal waste combustor organics (measured as total tetra- through octa-chlorinated

dibenzo-p-dioxins and dibenzofurans): thirty-five teu-millionths (0.0000035) or 3.5 x 10.6 ton per

year.

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

year.
(S) Municipal waste combnstor acid gases (measnred as snlfur dioxide an<ll hydrogen chloride):

forty (40) tons per year.

(T) Mnnicipal solid waste landfills emissions (measnred as nonmethane <organic compounds):

fifty (50) tons per year.

(U) Ozone-depleting snbstances (ODS): one hnndred (100) Ions per yeal'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) Any emissions rate or any net emissions increase associated with a major stati'omary source or major

modificalion thai:

(A) wonld be constructed wilhin ten (10) kilomelers of a Class I area; amd

(B) has an impacl on Ihe area equal to or greater Ihan one (I) microgralllD per cubic meter

(24-hour average).

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

(b) "Subject to regulation" means, for any air pollutant, that the pollutant is subjetct to either a provision

in Ihe CAA, or a nationally applicable regulation codified by the U.S. EPA in 40 CFR, Ch""pter I, Subchapter C,

Ihal requires actual control ofIhe quanlity of emissions ofIhat pollntanl, and Ihat the cOllltrol requiremenl has

taken effect and is operative to control, limit, or restrict the quantity of emissions 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 Ihe aggregale group ofsix (6) greenhouse gases shall not mesubjecllo regulation

excepl as provided in subdivisions (4) and (5). Pollutant GHGs 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 per year (Ipy) CO, equivallent emissions (CO,e)"

shall represent an amounl of GHGs emitted and shall be calculaled as follows:

(A) Multiply the mass amounl of emissions 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 net emissions

increase as defined in 326 lAC 2-2-I(ii) and 326 lAC 2-2-I(ww) occur. For th", pollulant GHGs, an

emissions increase shall be based on tpy CO,e, and shall be calculated assuming tllte pollulant GHGs is a

regulated NSR pollutant, and "significant" is defined as sevenly-five Ihonsand (75\,000) tpy CO,e instead

of applying Ihe value in 326 lAC 2-2-I(ww)(I)(W).

(4) Beginning January 2, 2011, the pollulanl GHGs is subject to regulation if Ih",stationary source is:

(A) a new majorstalionary sonrce for a regnlated NSR pollutant that is mol GHGs and will emit

or will have the potential to emit seventy-five thousand (75,000) tpy Co"e or more; or

(B) an existing majorstationary source for a regulated NSR pollutant thllllt is not GHGs and will

have an emissions increase of a regulated NSR pollutant, and an emissioms increase of seventyM

five thousand (75,000) Ipy CO,e or more.

(5) Beginning Jnly 1,2011, in addition to the provisions in subdivision (4), the polllutant GHGs 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 emit Wle hnndred

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thousand (100,000) tpy CO,e or more, when sueh stationary sonrce nndertakes a physical

change or change in the method of operation 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 Department of Environmental Management, Office of Air Qnality, Indiana

Government Center 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 or major

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 of stationary

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

of the same person (or persons under common control) belonging to a single major industrial grouping. In

addition, for the pnrposes of defining major source in subdivision (2) or (3), a stationary source or gronp of

stationary sources shall be considered part of a single indnstrial grouping if all of the 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 ofsubdivisions (2) and (3), any stationary source (or group 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 part of the same source regardless of the two (2) digit SIC code for that support facility.

A stationary source (or group ofstationary sources) is considered a support facility to a source if at least fifty

percent (50%) of the output of the support facility is dedicated to the source. The term includes the following:

(I) A major source under Section 112 of the CAA, which is defined as follows:

(A) For pollutants other than radionuclides, any stationary source or group ofstationary sources

located within a contiguous area and under common control that emits or has the potential to

emit, in the aggregate:

(I) ten (10) tons per year (tpy) or more of any HAP that has been listed in Section 112(b)

of the CAA;

(Ii) twenty-five (25) tpy or more of any 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

collocated stationary sources unless the research and development activities contribute

to the product produced or service rendered by the collocated sources in a more than de

minimis manner.

(C) For radionuclides, major source shall have the meaning specified by the U.S. EPA by rule.

(2) A major stationary source of air pollutants, as defined in Section 302 oflhe CAA, that directly emits

or has the potential to emit, one hundred (100) tpy or more of any regulated air pollutant subject to

regulation (including any majorsource offugitive emissions of any such pollutant, as determined by the

U.S. EPA by rule). The fugitive emissions of a stationary source shall not be considered in determining

3
whether it is a major stationary source for the purposes of Section 302(j) of the CAA unless the source

belongs to one (I) of the 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 of municipal incinerators, capable of charging

more than fifty (50) tons of refuse per day.

(I) Hydrofluoric, sulfuric, or uitric 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 transfer units with a total storage capacity exceeding three 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 of more than two hundred fifty million (250,000,000)

British thermalnnits per hour heat input.

(AA) Any otherstationary source category regulated under Section III or 112 of the CAA and

for which the U.S. EPA has made au affirmative determination under Section 302(j) ofthe CAA.

(3) A major stationary sonree as defined in Part D ofTitle I of the CAA, including the following:

(A) For ozone nonattainment areas, sources with the potential to emit:

(i) one hundred (100) tpy or more of VOC or oxides of nitrogeu in areas classified as

marginal or moderate;

(i1) fifty (50) tpy or more of VOC or oxides of nitrogen in areas classified as serious;

(iii) twenty-five (25) tpy or more of VOC or oxides of nitrogen in areas classified as

severe; or

(iv) ten (10) tpy or more of VOC or oxides of nitrogen 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 of nitrogen oxidesshall not apply with respect to any sonrce for which the U.S. EPA has

made a finding, under Section 182(t)(1) or 182(t)(2) ofthe CAA, that requirements under Section

182(t) of the CAA do not apply.

(B) For ozone transport regions established under Section 184 of the CAA, sources with the

potential to emit fifty (50) or more tpy of VOc.

(C) For carbon 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 of carbon monoxide.

(D) For particulate matter PMlO nonattainment areas classified as serious, sources with the

4
potential to emit seventy (70) tpy or more of PM".

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

(b) "Subject to regulation" means, for any air pollutant, that the pollutant is snbject to either a provision

in the CAA, or a nationally applicable regulation codified by the U.S. EPA in 40 CFR, Chapter I, Snhchapter C,

that requires actnal control of the qnautity of emissions of that pollntant, and that the control reqnirement has

taken effect and is operative to control, limit, or restrict the quantity of emissions 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 (May 7, 2010), as the aggregate group ofsix (6) greenhonse gases shall not be snbjectto 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, eqnivalent emissions (CO,e) or more. Pollutant GHGs

includes the following:

(A) Carbon dioxide.

(B) Nitrous oxide.

(C) Methane.

(D) Hydrolluorocarbons.

(E) Perllnorocarbons.

(F) Sulfur hexalluoride.

(2) "Tons per year (tpy) CO, eqnivalent emissions (CO,e)" shall represent an amonnt ofGHGs emitted

and shall be calcnlated as follows:

(A) Multiply the mass amount of emissions in tpy for each of the six (6) greenhouse gases 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 Department of Environmental Management, Office of Air Quality, Indiana

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

SECTION 7. A variance request from the requirements of this docnment shall be made in accordance

with IC 13-14-8-8.

SECTION 8. This document expires on the effective date of LSA Document #10-505, the date a

withdrawal notice for LSA Document #10-505 is filed with the Publisher, or April 3, 2011, whichever takes

place first.

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ADMINISTRATIVE CHECKLIST (40 CFR 5 I, 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

or body ofregulations; or issued the permit, order, consent

agreement ("document"); in final form.

a. Date of adoption or final issuance:

b. The effective date ofthe plan, if different

from the adoption/issuance date.

3. Evidence that the State has the necessary legal authority

under state law to adopt and implement the plan.

4. A copy ofthe actual regulation or document submitted for

approval and incorporation by reference into the plan,

including the following:

a. Indication ofthe changes made to the existing

approved plan, where applicable.

b. The submittal shall be a copy ofthe official State

regulation or document signed, stamped, dated by

the appropriate state official 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

proof of publication.

_X_ Notice of Public 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 of public 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, 20 I0

To be determined

IC 13-14-8

Attachment A

To be submitted at a later date

Attachment C

To be submitted at a later date

Attachment D

N/A
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