IDEM 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 

Susan Hedman May 14, 2012 

Regional Administrator 

U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

Re: State Implementation Plan Submittal for Indiana 

Regarding 3261AC l-1-3 (LSA# 11 -472), 2011 CFR 

Update 

Dear Ms. Hedman: 

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

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

implementation plan (SIP). This amendment consists of revisions to lndiana's rules concerning 

references to the Code of Federal Regulations (CFR) accomplished through one rulemaking. IDEM 

requests that the United States Environmental Protection Agency (U.S. EPA) approve 326 lAC 1-1-3. 

IDEM is not requesting any action be taken on 326IAC 11-8 or 326 lAC 20-95. 

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

version of the submittal in PDF format that is identical to the hard copy has been sent to Chris Panos at 

the U.S. EPA Region V office. In order to assist with your review ofthis SIP submission, a list of 

supporting documents is attached. 

Throughout the development of these amendments to Indiana's rules concerning references to 

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

problems that might exist with this requested SIP revision would be resolved. I request that U.S. EPA 

approve this modification oflndiana's SIP. If you have any questions regarding this submittal, please 

contact Scott Deloney, Air Programs Branch Chief, Office of Air Quality at (3 17) 233-5694. 

KB/rk 

Attachments: Supporting Documents 

Sincerely, 

~6a~ Keith Baugues 1 

Assistant Commissioner 

Office of Air Quality 

cc: John Mooney, U.S. EPA Region 5 (no enclosures) 

Doug Aburano, U.S. EPA Region 5 (no enclosures) 

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

Scott Deloney, IDEM (no enclosures) 

Christine Pedersen, IDEM (no enclosures) 

SIP file 

Recycled Paper <i) An Equal Opportunity Employer Please Recycle 0 
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Supporting Documents 

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

Attachment B: Final Rule. LSA Document #ll-472(F) as published in the Indiana Register on April 

25,2012 (DIN: 20120425-IR-326110472FRA) 

Attachment C: Signature Page 

Attachment D: Section 8 Notice, including the Notice of Public Hearing, as published in the Indiana 

Register on September 14,2011 (DIN: 20110914-IR-326110472FDA) 

Attachment E: Publisher's Affidavits 

Attachment F: Transcript of Public Hearing, including Exhibits, held on Febmary 1, 2012 
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A 
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ADMINISTRATIVE CHECKLIST ( 40 CFR 51, Appendix V) 

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

from the governor or his designee. 

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

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

agreement ("document"); in final form. 

a. Date of adoption or final issuance: 

b. The effective date of the plan, if different 

from the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority 

under state law to adopt and implement the plan. 

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

approval and incorporation by reference into the plan, 

including the following: 

a. Indication of the changes made to the existing 

approved plan, where applicable. 

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

regulation or document signed, stamped, dated by 

the appropriate state official indicating that it is fully 

enforceable by the State. Effective date shall be stated 

in the document itself. 

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in 

conducting and completing the adoption/issuance of the plan. 

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

proof of publication. 

_X_ Notice of Public Hearing and Publisher's 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. 

_X_ Second Notice (Section 8 Notice) 

_N/A_Proposed Rule 

N/ A Third Comment Period 

9. Technical suppmt (if source specific rule change). 

Enclosed 

Signature Page 

(Attachment C) 

Date of filing with Publisher 

(March 28, 20 12) 

30 days after filing 

(April27, 2012) 

IC 13-14-8 

Final rule as printed in IR 

(Attachment B) 

Signature Page 

(Attachment C) 

Attachment E 

Attachment F 

Attachment D 

N/A 
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B 
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Indiana Register 

TITLE 326 AIR POLLUTION CONTROL BOARD 

Final Rule 

LSA Document #11-472(F) 

DIGEST 

Amends 326 lAC 1-1-3, 326 lAC 11-8-3, and 326 lAC 20-95-1 concerning updates to the Code of Federal 

Regulations (CFR). Effective 30 days after filing with the Publisher. 

HISTORY 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: September 14, 2011, Indiana 

Register (DIN: 20110914-IR-32611 0472FDA). 

Notice of Public Hearing: September 14, 2011, Indiana Register (DIN: 20110914-IR-326110472PHA). 

Change in Notice of Public Hearing: November 23, 2011, Indiana Register (DIN: 

20111123-IR-326110472CHA). 

Date of Hearing: February 1, 2012. 

3261AC 1-1-3; 3261AC 11-8-3; 3261AC 20-95-1 

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

326 lAC 1-1-3 References to the Code of Federal Regulations 

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

Affected: IC 13-15; IC 13-17 

Sec. 3. Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) 

shall mean the July 1, 2eil9; 2011, edition*. 

*This body of documents is incorporated by reference. Copies may be obtained from the Government Printing 

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

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

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

(Air Pollution Control Board; 326 lAC 1-1-3· filed Mar 10, 1988, 1:20 p.m.: 11 IR 2369; filed Jan 6, 1989, 3:30 

p.m.: 12 IR 11 02; filed Dec 14, 1989, 9:35a.m.: 13 IR 868; filed Aug 9, 1991, 11 :DO a.m.: 14 IR 2218; filed May 

25, 1994, 11:00 a.m.: 171R 2237; filed Jul25, 1995, 5:00p.m.: 181R 3381; filed Jul25, 1997,4:00 p.m.: 20 IR 

3298; filed Oct 30, 2000, 2:13p.m.: 241R 667; filed May 21, 2002, 10:20 a.m.: 251R 3054; filed Aug 26, 2004, 

11:30 a.m.: 281R 17; filed Oct 14, 2005, 10:00 a.m.: 291R 795; filed Mar 17, 2006, 1:00 p.m.: 291R 2517; filed 

Apr 26, 2007, 9:38a.m.: 20070523-IR-326060412FRA; filed Apr 1, 2008, 9:59a.m.: 

20080430-IR-326070373FRA; filed Jul1, 2009, 3:12p.m.: 20090729-IR- 326080901FRA; filed Oct 1, 2010, 3:49 

p.m.: 20101027-IR-326100112FRA; filed Mar 28, 2012, 12:51 p.m.: 20120425-IR-326110472FRAI 

SECTION 2. 326 lAC 11-8-3 IS ADDED TO READ AS FOLLOWS: 

326 lAC 11-8-3 References to the Code of Federal Regulations 

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

Affected: IC 13-15; IC 13·17 

Sec. 3. All references to the CFR in sections 1 and 2 ofthis rule are to the 2010 edition* of the CFR. 

*This document is incorporated by reference. Copies may be obtained from the Government Printing 

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

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

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

(Air Pollution Control Board; 3261AC 11-8-3; filed Mar 28, 2012, 12:51 p.m.: 20120425-IR-326110472FRAI 

Date: May 10,2012 4:03:03PM EDT DIN: 20120425-IR-326110472FRA Page 1 
Indiana Register 

SECTION 3. 326 lAC 20-95-1 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 20-95-1 Applicability; incorporation by reference offederal standards 

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

Affected: IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to sources as provided in the July 1, 2010, edition of 40 CFR 63.7485*. 

(b) The air pollution control board incorporates by reference the July 1, 2010, edition of 40 CFR 63, Subpart 

DDDDD*, as amended 19y 78 FR 76933, Deeeml9er 28, 288§*, national emission standards for hazardous air 

pollutants for industrial, commercial, and institutional boilers and process heaters. 

(c) Owners and operators may use the emission averaging provisions as specified under the July 1, 2010, 

edition of 40 CFR 63.7522*. 

(d) Under 326 lAC 3-6, source sampling procedures, a test protocol form for an emissions test is due thirty-five 

(35) days before the intended test date. 

*Tflese Else~menls are *This document is incorporated by reference. Copies may be obtained from the 

Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review 

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

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

(Air Pollution Control Board; 3261AC 20-95-1; filed Nov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA; filed 

Mar 2B, 2012, 12:51 p.m.: 20120425-IR-326110472FRAI 

LSA Document #11-472(F) 

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-B: 2011 0914-IR-32611 0472FDA 

Hearing Held: February 1, 2012 

Approved by Attorney General: March 22, 2012 

Approved by Governor: March 2B, 2012 

Filed with Publisher: March 2B, 2012, 12:51 p.m. 

Documents Incorporated by Reference: 29 CFR, July 1, 2011; 40 CFR, July 1, 2011; 40 CFR 60, Subpart 0, July 

1, 2010; 40 CFR 60, Subpart Ca, July 1, 2010; 40 CFR 60, Subpart Cb, July 1, 2010; 40 CFR 60, Subpart Ea, 

July 1, 2010; 40 CFR 60, Subpart Eb, July 1, 2010; 40 CFR 60, Subpart Ec, July 1, 2010; 40 CFR 60, Subpart 

EEE, July 1, 2010; 40 CFR 60, Subpart LLL, July 1, 2010; 40 CFR 60, Subpart CCCC, July 1, 2010; 40 CFR 60, 

Subpart DODD (60.2500-60.2B75), July 1, 2010; 40 CFR 63, Subpart DDDDD (63.74B0-63.7575), July 1, 2010 

Small Business Regulatory Coordinator: Alison Beumer, IDEM Small Business Regulatory Coordinator, MC 60-04 

IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-1191 or (BOO) 9BB-7901, 

ctap@idem.in.gov 

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

Ombudsman, MC 50-011GCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-33B6 or 

(BOO) 451-6027, bbaughn@idem.in.gov 

Posted: 04/25/2012 by Legislative Services Agency 

An html version of this document. 

Date: May 10,2012 4:03:03PM EDT DIN: 20120425-IR-32611 0472FRA Page2 
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Rule Signature Page 

Rule: LSA #ll-472(F) 

Agency: Air Pollution Control Board 

Subject: 2011 Code of Federal Regulations (CFR) Update 

ADOPTED~ 

By: 

Jam~ 

Chairman 

Air Pollution Control Board 

APPROVED: 

By: 

Mitchell E.DalteiS)f:/ 

Governor, State oflndiana 

ACCEPTED FOR FILING: 

Date: . _~___c__f,'--\,__,_.,....--- __ _ 

Date:'3/~(t'Z 

By: TITLE 326 AIR POLLUTION CONTROL BOARD 

Indiana Register 

Legislative Services P LSA Document #ll-472(FR) 

Filed with Publisher: March 28, 2012, 12:51 p.m. 

By:Rlw 
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I 

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Indiana Register 

TITLE 326 AIR POLLUTION CONTROL BOARD 

FINDINGS AND DETERMINATION OF THE COMMISSIONER 

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

LSA Document #11-4 72 

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING REFERENCES TO THE CODE OF FEDERAL 

REGULATIONS (CFR) 

PURPOSE OF NOTICE 

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for 326 

lAC 1-1-3 concerning an update to references to the CFR to mean the 2011 edition, and 326 lAC 11-8 concerning 

references to the CFR to mean the 2010 edition. IDEM is soliciting written comment on the draft rule language 

and will schedule a public hearing before the Air Pollution Control Board for consideration of adoption of these 

rules. 

CITATIONS AFFECTED: 326 lAC 1-1-3; 326 lAC 11-8. 

AUTHORITY: IC 13-14-8; IC 13-14-9; IC 13-17-3; IC 13-17-8. 

STATUTORY REQUIREMENTS 

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

public comment periods and public hearings usually provided for under the IC 13-14-9 environmental rulemaking 

process. In cases where the commissioner determines that there is no reasonably anticipated benefit from a 

second public comment period and first public hearing to either the environment or persons regulated or 

otherwise affected by the proposed rule, IDEM may forgo these comment periods and proceed directly to the 

public hearing and board meeting at which the draft rule is considered for adoption. Two opportunities for public 

comment (with this notice and at the public hearing prior to adoption of the rule) remain under this procedure. 

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

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

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

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

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

(1) the rule constitutes: 

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

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

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

federal law or rule; 

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

(C) an amendment to an existing Indiana rule, the primary and intended purpose of which is to clarify the 

existing rule; and 

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

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

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

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

and 

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

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

BACKGROUND 

"References to the Code of Federal Regulations", at 326 lAC 1-1-3, indicates the yearly edition of the CFR 

that is applicable to federal regulations that have been incorporated by reference throughout Title 326 of the 

Indiana Administrative Code (lAC), the rules of the Air Pollution Control Board, unless a different edition is 

specified in a given rule. By annually updating the reference to the CFR, IDEM is able to incorporate by reference 

the latest version of the CFR already incorporated into the air rules, with the exception of those regulations most 

recently published in the Federal Register. 

The 2011 edition of the CFR is a codification of the general and permanent regulations published in the 

Federal .Register as of July 1, 2011. IDEM incorporates citations by reference from Titles 29 and 40 of the CFR in 

Title 326. 

Title 29 of the CFR contains federal regulations for the asbestos and lead programs. Title 29 of the CFR is 

referenced in 326 lAC 14 (Emission Standards for Hazardous Air Pollutants) and 326 lAC 20 (Hazardous Air 

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Indiana Register 

Pollutants). Many of these regulations are either directly incorporated by reference into Title 326 of the lAC as 

state-enforceable rule provisions or as federal authority for the implementation and enforcement of state rule 

provisions. 

Title 40 of the CFR includes all federal environmental regulations promulgated by the United States 

Environmental Protection Agency (U.S. EPA). Title 40 is referenced throughout Title 326 of the lAC. 

The latest version of the CFR contained in 326 lAC 1-1-3 is July 1, 2009. Since that date, a number of new 

federal regulations have been promulgated that are not reflected in the current version of Title 326 of the lAC. By 

updating the reference date to July 1, 2011, Title 326 of the lAC will be consistent with those regulations that the 

federal government promulgated between July 1, 2009, and June 30, 2011. 

IDEM is also adding 326 lAC 11-8-3, which specifies references to the 2010 edition of the CFR, to preclude 

adding the final rules published in 76 FR 15704 and 76 FR 28662. 

Examples of regulations and changes that have occurred since the last update to 326 lAC 1-1-3, References 

to the Code of Federal Regulations, include: 

7 4 FR 51368, October 6, 2009 - Final Rule - Standards of Performance for New Stationary Sources and 

Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators: In this 

rule, U.S. EPA is revising emission limits for both the new source performance standards (NSPS) and 

emissions guidelines (EG) for Hospital/Medical/Infectious Waste Incinerators (HMIWI) (40 CFR 60, Subpart 

Ce; 40 CFR 60, Subpart Ec). Specifically, U.S. EPA is adjusting the statistical approach used to account for 

variability in the emissions data and is considering the distribution of the data in determining the maximum 

achievable control technology (MACT) floor emission limits (40 CFR 60, Subpart Ce). The new and revised 

statistical approach results in higher emission limits. Additional amendments for existing HMIWI are also 

included. The amendments to the requirements for existing HMIWI at 326 lAC 11-6 are being addressed in a 

separate rulemaking (LSA Document #1 0-733) adopted by the board on August 3, 2011. Citation affected: 

3261AC 12. 

74 FR 51950, October 8, 2009 ·Final Rule· Standards of Performance for Coal Preparation and 

Processing Plants: In this rule, U.S. EPA is promulgating amendments to the NSPS for coal preparation 

and processing plants (40 CFR 60, Subpart Y). These amendments include revisions to the emission limits 

for particulate matter (PM) and opacity standards for thermal dryers, pneumatic coal cleaning equipment, and 

coal handling equipment (coal processing and conveying equipment, coal storage systems, and coal transfer 

and loading systems) located at coal preparation and processing plants. These revised limits apply to 

affected facilities that commence construction, modification, or reconstruction after April 28, 2008. These 

amendments also establish a sulfur dioxide (S02

) emission limit and a combined nitrogen oxide (NOxl and 

carbon monoxide (CO) emissions limit for thermal dryers located at coal preparation and processing plants. 

Additionally, the amendments establish work practice standards to control fugitive coal dust emissions from 

open storage piles located at coal preparation and processing plants. The S02 limit, the NO/CO limit, and 

the work practice standards apply to affected facilities that commence construction, modification, or 

reconstruction after May 27, 2009. U.S. EPA is also modifying the definition of thermal dryer to include both 

direct contact and indirect contact thermal dryers drying all coal ranks. The definition of coal is modified to 

include coal refuse. The modifications to these definitions will be used to determine whether and how the 

standards apply to facilities that commence construction, modification, or reconstruction after May 27, 2009. 

Citation affected: 326 lAC 12. 

74 FR 55670, October 28, 2009 ·Final Rule· National Emission Standards for Hazardous Air 

Pollutants for Petroleum Refineries: In this rule, U.S. EPA is amending the national emission standards for 

hazardous air pollutants (NESHAP) for petroleum refineries to add MACT standards for heat exchange 

systems (40 CFR 63, Subpart CC). U.S. EPA is also amending the general provisions cross-reference table 

and corrects section references. Citation affected: 3261AC 20-16. 

75 FR 9648, March 3, 2010- Final Rule- National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines: In this rule, U.S. EPA is promulgating NESHAPs for existing 

stationary compression ignition reciprocating internal combustion engines that either are located at area 

sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake 

horsepower and are located at major sources of hazardous air pollutant emissions (40 CFR 63, Subpart 

ZZZZ). Additionally, U.S. EPA is promulgating NESHAPs for existing non-emergency stationary compression 

ignition engines greater than 500 brake horsepower that are located at major sources of hazardous air 

pollutant emissions. Lastly, U.S. EPA is revising provisions related to startup, shutdown, and malfunction 

(SSM) for engines that were regulated previously by these NESHAPs. Citation affected: 326 lAC 20-82. 

75 FR 51570, August 20, 2010 ·Final Rule· National Emission Standards for Hazardous Air Pollutants 

for Reciprocating Internal Combustion Engines: In this rule, U.S. EPA is promulgating NESHAPs for 

existing stationary spark ignition reciprocating internal combustion engines that either are located at area 

sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake 

horsepower and are located at major sources of hazardous air pollutant emissions (40 CFR 63, Subpart 

ZZZZ). Citation affected: 326 lAC 20-82. 

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Indiana Register 

75 FR 54970, September 9, 2010 ·Final Rule ·National Emission Standards for Hazardous Air 

Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for 

Portland Cement Plants: In this rule, U.S. EPA is finalizing amendments to the NESHAP and to the NSPS 

for Portland Cement Plants. The amendments to the NESHAP add or revise emission limits for mercury, total 

hydrocarbons (THC), and PM from new and existing kilns located at major and area sources, and for 

hydrochloric acid (HCI) from new and existing kilns located at major sources (40 CFR 63, Subpart LLL). The 

standards for new kilns apply to facilities that commence construction, modification, or reconstruction after 

May 6, 2009. The amendments to the NSPS add or revise emission limits for PM, opacity, NO , and S02 for 

. facilities that commence construction, modification, or reconstruction after June 16, 2008. Lastfy, this rule 

also includes additional testing and monitoring requirements for affected sources. Citation affected: 326 lAC 

20-27. 

75 FR 64864, October 20, 2010 ·Final Rule· Prevention of Significant Deterioration for Particulate 

Matter Less Than 2.5 Micrometers ·Increments, Significant Impact Levels and Significant Monitoring 

Concentration: In this rule, U.S. EPA is amending the requirements for particulate matter less than 2.5 

micrometers (PM2 5) under the Prevention of Significant Deterioration (PSD) program by adding maximum 

allowable increases in ambient pollutant concentrations and two screening tools, known as the Significant 

Impact Levels (SILs) and a Significant Monitoring Concentration (SMC) for PM2 5. (40 CFR 51, Subpart I; 40 

CFR 52, Subpart A). The SILs for PM are also being added to two other New·tiource Review (NSR) rules 

that regulate the construction and mo~ilication of any major stationary source locating in an attainment or 

unclassifiable area, where the source's emissions may cause or contribute to a violation of the national 

ambient air quality standards (NAAQS). IDEM is specifically adding the PM2.5 SILs in a separate rulemaking 

(LSA Document #11-251). Citations affected: 326 lAC 1-2-28.5, 326 lAC 2-L, 326 lAC 2-3, and 326 lAC 2-7. 

75 FR 80118, December 21,2010 ·Final Rule· Methods for Measurement of Filterable PM and PM2 5 and Measurement of Condensable PM Emissions From Stationary Sources: In this rule, u:'fl. EPA is . 

promulgating amendments to 40 CFR 51, Appendix M, Methods 201A and 202 (Method 201A, Method 202). 

The amendments to Method 201A add a particle-sizing device to allow for sampling of PM2 5. The 

amendments to Method 202 revise the sample collection and recovery procedures of the m·ethod to reduce 

the formation of reaction artifacts that could lead to inaccurate measurements of condensable PM. 

Additionally, the amendments to Method 202 eliminate most of the hardware and analytical options in the 

existing method, thereby increasing the precision of the method and improving the consistency in the 

measurements obtained between source tests performed under different regulatory authorities. Citations 

affected: 326 lAC 6.8-2-6, 326 lAC 6.8-4. 

76 FR 2832, January 18, 2011 ·Final Rule· National Emission Standards for Hazardous Air Pollutants 

for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement 

Plants: In this rule, U.S. EPA is making amendments to the NESHAP for the Portland Cement Manufacturing 

Industry and NSPS for Portland Cement. The previous final rules were published on September 9, 2010, at 

75 FR 54969. This rule amends certain regulatory text to clarify compliance dates and clarifies that the 

previously issued emission limits that were changed in the September 9, 2010, action remain in effect until 

sources are required to comply with the revised limits (40 CFR 63, Subpart LLL). Citation affected: 326 lAC 

20-27. 

76 FR 3517, January 20, 2011 ·Final Rule· Standards of Performance for Fossil-Fuel-Fired, Electric 

Utility, Industrial-Commercial-Institutional, and Small, Industrial-Commercial-Institutional Steam 

Generating Units: In this rule, U.S. EPA is amending the NSPS for electric utility steam generating units and 

industrial-commercial-institutional steam generating units. This action amends the testing requirements for 

owners/operators of steam generating units that elect to install PM continuous emissions monitors (GEMS). It 

also amends the opacity monitoring requirements for owners/operators of affected facilities subject to an 

opacity standard that are exempt from the requirement to install a continuous opacity monitoring system 

(COMS) (40 CFR 60, Subpart D; 40 CFR 60, Subpart Da; 40 CFR 60, Subpart Db; 40 CFR 60, Subpart De). 

Citation affected: 326 lAC 12. 

76 FR 15372, March 21,2011 ·Final Rule· Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units: In this rule, U.S. EPA is 

promulgating a NSPS for sewage sludge incineration units located at wastewater treatment facilities 

designed to treat domestic sewage sludge. The rule sets limits for nine pollutants under Section 129 of the 

Clean Air Act (CAA): Cadmium, CO, HCI, lead, mercury, NO , PM, polychlorinated dibenzo-p-dioxins and 

polychlorinated dibenzofurans, and S~2 (40 CFR 60, Subpaf\ LLLL). IDEM will be addressing the EG for 

existing sources (40 CFR 60, Subpart MMMM) in a separate rulemaking. Citation affected: 326 lAC 12. 

76 FR 15704, March 21, 2011 • Final Rule • Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Sources; Commercial and Industrial Solid Waste Incineration Units: 

In this rule, U.S. EPA is promulgating its final response to the 2001 voluntary remand of the December 1, 

2000, NSPS and EG for commercial and industrial solid waste incineration (CISWI) units and the vacatur and 

remand of several definitions by the District of Columbia Circuit Court of Appeals in 2007 (40 CFR 60, 

Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-32611 0472FDA Page3 
Indiana Register 

Subpart CCCC; 40 CFR 60, Subpart DDDD). Additionally, this action includes the 5-year technology review 

of the NSPS and EG required under Section 129 of the CAA. This rule also promulgates other amendments 

that U.S. EPA believes are necessary to address air emissions from CISWI units. Due to U.S. EPA 

reconsideration of this rule (76 FR 28662), IDEM is specifying the 2010 edition of the CFR in 326 lAC 11-8 to 

preclude bringing this final rule into Article 11 of the lAC. Citations affected: 326 lAC 11-8, 326 lAC 12. 

76 FR 17288, March 28,2011- Final Rule- Protocol Gas Verification Program and Minimum 

Competency Requirements for Air Emission Testing: In this rule, U.S. EPA is modifying existing 

requirements for sources affected by the federally administered emission trading programs, including the 

NOx Budget Trading Program, the Acid Rain Program, and the Clean Air Interstate Rule (40 CFR 72, 

Subpart A; 40 CFR 75). U.S. EPA is amending its Protocol Gas Verification Program (PGVP) and the 

minimum competency requirements for air emission testing (formerly air emission testing body requirements) 

to improve the accuracy of emissions data. U.S. EPA is also amending other sections of the Acid Rain 

Program GEMS regulations by adding and clarifying certain recordkeeping and reporting requirements, 

removing the provisions pertaining to mercury monitoring and reporting, removing certain requirements 

associated with a class-approved alternative monitoring system, disallowing the use of a particulate quality 

assurance option in U.S. EPA Reference Method 7E, adding two incorporation by references that were left 

out of the January 24, 2008 final rule, adding two new definitions, revising certain compliance dates, and 

clarifying the language and applicability of certain provisions. Citations affected: 326 lAC 10-4, 326 lAC 24. 

76 FR 22566, April 21, 2011 -Final Rule- National Emission Standards for Hazardous Air Pollutant 

Emissions: Group I Polymers and Resins; Marine Tank Vessel Loading Operations; Pharmaceuticals 

Production; and the Printing and Publishing Industry: In this rule, U.S. EPA is taking final action for four 

NESHAPs that regulate 12 industrial source categories evaluated in its risk and technology review. The four 

NESHAP include: National Emissions Standards for Group I Polymers and Resins; Marine Tank Vessel 

Loading Operations; Pharmaceuticals Production; and the Printing and Publishing Industry. For the Marine 

Tank Vessel Loading Operations NESHAP and the Group I Polymers and Resins NESHAP, U.S. EPA is 

finalizing emission standards to address certain emission sources not previously regulated under the 

NESHAP (40 CFR 63, Subpart U). U.S. EPA is also finalizing changes to the Pharmaceuticals .Production 

NESHAP to correct an editorial error. For each of the four NESHAPs, U.S. EPA is finalizing revisions to the 

regulatory provisions related to emissions during SSM periods and promulgating provisions addressing 

electronic submission of emissions test results (40 CFR 63, Subpart U; 40 CFR 63, Subpart KK; 40 CFR 63, 

Subpart GGG). Citations affected: 326 lAC 20-17,326 lAC 20-18, 326 lAC 20-19, and 326 lAC 20-57. 

76 FR 28662, May 18, 2011 -Final Rule -Industrial, Commercial, and Institutional Boilers and Process 

Heaters and Commercial and Industrial Solid Waste Incineration Units: In this rule, U.S. EPA is delaying 

the effective dates for the final rules titled "National Emission Standards for Hazardous Air Pollutants for 

Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters" (76 FR 15608) and 

"Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Commercial and 

Industrial Solid Waste Incineration Units" (76 FR 15704) under the authority ofthe Administrative Procedure 

Act (APA) until the proceedings for judicial review of these rules are completed or U.S. EPA completes its 

reconsideration of the rules, whichever is earlier. IDEM is specifying the 2010 edition of the CFR in 326 lAC 

11-8 to preclude bringing this final rule into Article 11 of the lAC. Citation affected: 326 lAC 11-8. 

76 FR 28664, May 18,2011- Final Rule- Method 301-Field Validation of Pollutant Measurement 

Methods From Various Waste Media: In this rule, U.S. EPA is revising the procedures in 40 CFR 63, 

Method 301, Field Validation of Pollutant Measurement Methods from Various Waste Media (Method 301) 

based on its experience in applying the method and to correct errors that were brought to its attention. The 

revised Method 301 is more flexible, less expensive, and easier to use. Citation affected: 326 lAC 8-20-7. 

76 FR 37954, June 28, 2011 -Final Rule- Standards of Performance for Stationary Compression 

Ignition and Spark Ignition Internal Combustion Engines: In this rule, U.S. EPA is revising the NSPS for 

new stationary compression ignition internal combustion engines. The rule requires more stringent standards 

for stationary compression ignition engines with displacement greater than or equal to 10 liters per cylinder 

and less than 30 liters per cylinder, consistent with recent revisions to standards for similar mobile source 

marine engines (40 CFR 60, Subpart 1111). Additionally, the action revises the requirements for engines with 

displacement at or above 30 liters per cylinder to align more closely with recent standards for similar mobile 

source marine engines, and for engines in remote portions of Alaska that are not accessible by the Federal 

Aid Highway System. The action also provides additional flexibility to owners and operators of affected 

engines, and corrects minor mistakes in the·original NSPS. The final standards will reduce NOx by an 

estimated 1,100 tons per year (tpy), PM by an estimated 38 tpy, and hydrocarbons by an estimated 18 tpy in 

the year 2030. Citation affected: 326 lAC 12. 

IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law No 

element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule 

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

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

Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-326110472FDA Page 4 
Indiana Register 

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

Potential Fiscal Impact 

Updating the reference to the CFR to mean the July 1, 2011, edition in 326 lAC 1-1-3 allows federal and state 

rules to be consistent with each other and does not establish any requirements to which the regulated sources are 

not already subject. There are no increased costs to the regulated entities due to this rulemaking. The proposed 

amendments to 326 lAC 1-1-3 and 326 lAC 11-8 will have no fiscal impact because the amendments are an 

incorporation of existing federal law and no impact beyond that already imposed by the federal law is imposed by 

this rulemaking. 

Public Participation and Workgroup Information 

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

discussion on the rule is appropriate, please contact Ryan Knapick, Rule and State Implementation Plan 

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

Small Business Assistance Information 

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

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

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

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

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

www.in.gov/idem/ctap/ 

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

Alison Beumer 

IDEM Small Business Regulatory Coordinator 

MC 60-04 IGCS W041 

1 00 North Senate Avenue 

Indianapolis, IN 46204-2251 

(317) 234-1191 or (800) 988-7901 

ctap@idem.in.gov 

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

Ryan Asberry 

Indiana Economic Development Corporation 

One North Capitol, Suite 700 

Indianapolis, IN 46204 

(317) 232-8962 

smallbizombudsman@iedc.in.gov 

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

duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter 

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

a party to a proceeding or as a mediator. 

The Small Business Assistance Program Ombudsman is: 

Brad Baughn 

IDEM Small Business Assistance Program Ombudsman 

MC 50-01 IGCN 1301 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(317) 234-3386 or (800) 451-6027 

bbaughn@idem.in.gov 

FINDINGS 

The commissioner of IDEM has prepared findings regarding this rulemaking updating references to the July 

1, 2011, edition of the CFR and the revisions to citations of federal standards that are incorporated by reference 

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

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

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

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

(3) The environment and persons regulated or otherwise affected by the proposed rule will benefit from 

prompt adoption of this rule, because it alleviates unnecessary duplication of rulemaking efforts by the state 

by directly updating the references to the CFR that have been amended by the U.S. EPA. 

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

reasonably anticipated benefit to the environment or to persons regulated or otherwise affected by the 

proposed rule from the first or second written comment period under IC 13-14-9-3 or 4, or from the first public 

hearing under IC 13-14-9-5(a)(1). 

Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-326110472FDA Page 5 
Indiana Register 

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

Thomas W. Easterly 

Commissioner 

Indiana Department of Environmental Management 

REQUEST FOR PUBLIC COMMENTS 

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

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

#11-472 2011 CFR Update 

Ryan Knapick 

Rule and State Implementation Plan Development Section 

Office of Air Quality 

Indiana Department of Environmental Management 

100 North Senate Avenue 

MC 61-50 

Indianapolis, IN 46204-2251 

Hand delivered comments will be accepted by the IDEM receptionist on duty at the tenth fioor reception desk, 

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

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

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

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

Comments submitted to IDEM become public records and may be read by any member of the public. 

COMMENT PERIOD DEADLINE 

Comments must be postmarked, faxed, or hand delivered by October 14, 2011. 

Additional information regarding this action may be obtained from Ryan Knapick, Rule and State 

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

DRAFT RULE 

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

326 lAC 1-1-3 References to the Code of Federal Regulations 

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

Affected: IC 13-15; IC 13-17 

Sec. 3. Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) 

shall mean the July 1, i!eG9; 2011, edition*. 

*This body of documents is incorporated by reference. Copies may be obtained from the Government Printing 

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

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

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

(Air Pollution Control Board; 326 lAC 1-1-3; filed Mar 10, 1988, 1:20 p.m.:11 IR 2369; filed Jan 6, 1989, 3:30p.m.: 

12 IR 1102; filed Dec 14, 1989, 9:35a.m.: 13 IR 868; filed Aug 9, 1991, 11:00 a.m.: 14/R 2218; filed May 25, 

1994, 11:00 a.m.: 17/R 2237; filed Ju/25, 1995, 5:00p.m.: 18/R 3381; filed Ju/25, 1997, 4:00p.m.: 20 /R 3298; 

filed Oct 30, 2000, 2:13p.m.: 24/R 667; filed May 21, 2002, 10:20 a.m.: 25/R 3054; filed Aug 26, 2004, 11:30 

a.m.: 28/R 17; filed Oct 14, 2005, 10:00 a.m.: 29/R 795; filed Mar 17, 2006, 1:00 p.m.: 29/R 2517; filed Apr 26, 

2007, 9:38a.m.: 20070523-IR-326060412FRA: filed Apr 1, 2008, 9:59a.m.: 20080430-IR-326070373FRA: filed 

Ju/1, 2009, 3:12p.m.: 20090729-/R- 326080901FRA: filed Oct 1, 2010, 3:49p.m.: 20101027-IR-326100112FRA) 

SECTION 2. 326 lAC 11-8-3 IS ADDED TO READ AS FOLLOWS: 

326 lAC 11-8-3 References to the Code of Federal Regulations 

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

Affected: IC 13·15; IC 13·17 

Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-32611 0472FDA Page6 
Indiana Register 

Sec. 3. All references to the CFR in sections 1 and 2 of this rule are to the 2010 edition* of the CFR. 

*This document is incorporated by reference. Copies may be obtained from the Government Printing 

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

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

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

(Air Pollution Control Board; 326 lAC 11-8-3) 

Notice of Public Hearing 

Posted: 0911412011 by Legislative Services Agency 

An html version of this document. 

Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-326110472FDA Page 7 
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PUBLISHER’S AFFIDAVITS

PUBLIC HEARING, February 1, 2012
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Prescribed by State Board of Accounts 

(Governmental Unit) 

To: 

NEWSANDTRIBU E 

221 SPRING STRE T 

PO BOX867 

f.(t?.'j.rl..county, Indiana JEFFERSONVILLE IN 47130 

JAN ~l ! 2012 

PUBLISHER'S CLAIM 

LINE ~~pYa~TMaster (Must not exceed two actual lines, neither of which shall t!~tef\frllWiil. '.l@~;.:;n}i\NI\~.~g~~: 1\''''"'q'''"":J'( Offie<l nr 1\lr i1ualtl\' total more than four solid lines of the type in which the body of the 

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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) TOTALAiil6iJI'Jt-6F-ClAIM-------------------------------------------------------· z···G:-·ZJ·C)··· $ .lL. .. , ...... /.. ... . 

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

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

has been paid. 

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

which was duly published in said paper ....... . l ............. timas. The dates of publication being as follows: 

/:.?-;l'J-1/ 

Additionally, the statement checked below is true and correct: 

..... Newspaper does not have a Web site. X .. Newspaper has a Web site and this public notice was posted on the same day as it was published in 

the newspaper . 

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

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

~~:;r.>f ...... ;Y;~~d /- 20·- j;L Date .................................................... , .......... . Legal Clerk 
LEGAL NOTICE of Public Hearing 

Under 40 CFR 51.102, notice is hereby given that the Indiana Air Pollution Control 

Board (board) will hold a public hearing at its regularly scheduled meeting on Febru~ 

ary 1, 2012. The meeting wm convene at 1:00 p.m. at the Plalnfteld-Gui!ford Township Public Library, McMillan B Meeting Room, 1120 Stafford Road, Plainfield, Indi- ana. The purpose of the hearing Is to receive public comments prior to the proposed 

actions. All interested persons are invited and will be given reasonable opportunity 

to express their views concerning the proposed actions. 

Copies of th6 proposed rule are available to any person upon request and are available for public inspection at the following locations: 

Indiana Department of Environmental Management, Office of Air Quality, Indiana 

Government Center*North, 100 North Senate Avenue, 10th floor*East wing, Indian~ 

apolis, Indiana 46204. 

Legislative Services Agency, Indiana Government Center-North, 100 North Senate 

Avenue, Room N201, Indianapolis, Indiana 46204. 

Indiana Department of Environmental Management, Northwest Office, 8380 Louisla* na Street, Merrillville, Indiana 46410. 

Indiana Department of Environmental Management, Northern Office, Suite 450, 300 

N. Michigan Street, South Bend, Indiana 46601. 

Indiana Department of Environmental Management, Southwest Office, 1120 North 

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

Indiana Department of Environmental Management, Southeast Office, 820 West 

Sweet Street, Brownstown, Indiana 47220-9557. 

Indianapolis Central Library, 40 East St. Clair Street, Indianapolis, Indiana 46204. 

Hammond Public Library, 564 State Street, Hammond, Indiana 46320. 

Allen County Public Library, 900 Llbrary Plaza, Fort Wayne, Indiana 46802. 

Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Blvd., Evansville, lndlana47713. 

Board documents may Oe 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.govl!dem/4710.hlm. 

The following rules are noticed for hearing and action: 

2011 Update of "References to the Code of Federal Regulations" {LSA 1~11w 

472). The furpose of this hearing Is to receive public comment on amendments to 

326 lAC 1* -3 concerning updates to References to the Code of Federal Regula- tions (CFR) to mean the July 1, 2011 edition, 326 lAC 11-8 concerning references to 

the CFR to mean the July 1, 2010 edl!lon, and 326 lAC 20·95·1 to remove an obsolete reference, that are proposed for adoption by the board. Upon completion, this 

rule shall be submitted to U.S. EPA for approval mto the State Implementation Plan. 

For additional Information concerning this rule contact Ryan Knaplck at the Indiana 

Department of Environmental Management, Office of Air Quality, Room 1003, lndi· ana Government Center North, 100 North Senate Avenue, Indianapolis at (317} 232· 

8229 or {800) 451-6027 {ext. 2-8229)(1n Indiana), or rknap!ck@idem.ln.gov 

PM2.5 NSR. {LSA#11w251). The purpose of this hearing Is to receive public com- menton amendments to 326 lAC 2, concerning air permit rules that are proposed for 

final adoption by the board. The proposed rule amends new source review (NSR) 

provisions for particulate matter less than 2.5 microns {PM2.5), amends definitions 

1n 326 lAC 2 to defer carbon dioxide (C02) emissions from b!oenergy and other biogenic sources from greenhouse gas permitting requirements, Identifies nitrogen ox- ides (NOx) as a precursor to ozone, and adds a reference to' PM2.5 in related rules. 

Upon completion, this rule shall be submitted to U.S. EPA for approval Into the Stale 

Implementation Plan. 

For additional information concerning this rule contact Amy Smith 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-

8628 or (BOO) 451-6027 {ext. 3-862B)(in Indiana), or asmlth@idem In gov. 

Particulate Matter Compliance Determinations {LSA#07-43B). The purpose of 

this hearing Is to receive public comment on amendments to 326IAC 6·3-1, 326IAC 

6.5 and 326 lAC 6.8 concerning particulate matter emission limits for surface coaters, reinforced plastics composites fabricatin~ manufacturers, and graphic arts man- ufacturers that are proposed for final adoplton by the board. The proposed rule 

would allow certain operations subject to particulate matter emission limits to demonstrate compliance with those limits by implementing Identified work practices and 

control technologies. Upon completion, this rule shall be submitted to U.S. EPA for 

approval Into the State Implementation Plan. 

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

partment of Environmental Management, Office of Air Quality, Room 1003, Indiana 

Government Center North, 100 North Senate Avenue, Indianapolis at {317) 233· 

5697 or {BOO) 451-6027 (ext. 3·5697)(in Indiana), or sbem@!dem.in.gov. 

Industrial Solvent Cleaning Operations {LSA#11-401). The purpose of this hearing is to receive public comment on amendments to 326 lAC 8·17, concerning Industrial solvent cleaning operations in Lake County and Porter County that are proposed for final adoption by the board. The proposed rule would exempt coatings tnk, adhesive, and resin manufacturing operations from existing requirements and 

adopt alternative solvent cleaning operat1on requirements similar to other Midwest 

states. The proposed rule would also add a solvent-borne fluoropolymer coatings exemption and amend the llmlt for the "ultraviolet Ink and electron beam ink application equipment, except screen printing" category to be consistent with recent 

amendments in another slate's rules. Upon completion, this rule shall be submitted 

to U.S. EPA for approval into the State Implementation Plan. 

For additional information concerning this rule contact Susan Bern at the Indiana Department of Environmental Management, Office of Air Quality, Room 1003, Indiana 

Governrl)ent_ Center No~h, 100 Nofl.~ ?e~ate _Aven!Je, h:!ql~naRolls at (317) 233-

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5697 or (BOO) 451 ~6027 (ext. 3-5697)(in Indiana), or sbem® idem.ln gov. 

For this hearing, 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 hearing and all written submissions to the board at the public hearing shall be open to public Inspection at the Indiana Department of Environmental Management; copies may be made available to any person upon payment of re~ 

production costs. AnY. person heard or rel?resented at the hearing or requesting no~ 

tice shall be given wntten notice of the act1on of the board. r 

Christine Pedersen, Chief 

Rule and State Implementation Plan Development Section 

Office of Air Quality 

Individuals requiring reasonable accommodations for participation In this event 

should contact the Indiana Department of Environmental Management, Americans 

wllh Disabilities Act coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental Management 

100 N. Senate Avenue 

Indianapolis, IN 46204 

or call (317) 233-1785. Speech and hearing Impaired callers may contact the agency via the Indiana Relay Service at 1~800~743~3333. Please provide a minimum of 

72 hours= notification. 

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RECEIVED 5583861 

Prescribi::d by State Board of Accounts General Form No. 99P 

JAN 10 2012 

Xl16 Indiana Department of Environmental Mgmt COURIER & PRESS 

(Governmental Unit) 

VANDERBURGH County, Indiana 

LIJ'lE COUNT 

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

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

advertisement is set) - number of equivalent lines 444 

Head- number of lines 0 

Body - number of lines 444 

Tail- number of lines o 

Total number of lines in notice 444 

COMPUTATION OF CHARGES 

444 lines, 1 columns wide equals 444 equivalent lines at~0'".,22"7'-'7~ 

cents per line -~ 101.1 o 

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

COPY OF of above amount) _$ ____ .. 

CLIPPING Ch<trge for extra proofs of publication ($1.00 for each proof in excess -"-~~~~'-- HERE oftwo) --r .. ____ _ 

TOTALAMOUNTOFClAIM $. 101.10 

DATA FOR COMPUTING COST 

Width of single column in picas 5p8 Size of type 7 _point 

Number of insertions 1 

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

December 22, 20"-1'-'1'-------c------

Additionally, the statement checked below is true and correct 

Newspaper does not have a Web site. 

·-· ···x·--··· Newspaper has a Web site and this public notice was posted on the same day as it was published 

= ·==~: in the newspaper. 

___ ·--~--- Newspaper has a Web site, but !=Jue to technical problem or error, public notice was posted on ..... . 

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

Date 113111 

ATTACH COPY 

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I certify that the within claim is true and correct; that the servJces there' in itemized and foiwhich charge is m<;~de were ordered 

·by me and were necessazy td. the public businesS · 

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EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN 

~ LEGAL NOTICE OF PUBLIC HEARING 

l' ~i~~~rt~~~~~ r~d1~;a 'A~~~~~~i~n~~e3~n:' :. 

trol Board \board)" will hold a public ··-... ·' 

rearir1Q at ts regularly scheduled f!leet~~· mg on February 1, 2012. The meetmg · ' 

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

field-Guilford Township Public library, · McMillan B Meeting Room, 1120 Stafford Road, Pliiinfield1 Indiana. The pur-. ! pose of the hearing IS to receive public l comments prior to the proposed ac· · 

PM2.5 NSR. (LSA#11·261). The purpose 

of this hearing is to receive pubhc commen~ on ~mendf!!ents to 326 lAC 2, con~ 

cernmg a1r permit rules that are pro- posed for final adoption by the board •... The proposed rule amends new source review (NSRJ provisions for particulate matter less than 2.5 microns IPM2.5),, · amends definitions in 326 lAC 2 to defer 

carbon dioxide (C02) emissions from 

bioenergy and other biogenic sourceS 

from greenhouse gas permitting ra- · quirements, Identifies nitrogen oxides · (NOx) as a precursor to ozone, and adds·;; I tions. All interested persons are invited 

and will be given reasonable opportu1 

nlty to express their views concerning 'i a reference to PM2.5 in related rules. _, .'·' 

Ui]on completion! this rule shall be sub-' _., m1tted to U.S. EPA for approval into the._ .>' 

$tate lmf?l6mentation Plan. . .·,:'i ~ For additional information concerning .. Jc ~ this role contact Amr Smith at the In- -'8 ,1 

· the proposed actions. 

Copies of the proposed·rule are 

~· i . I 

!. available to any person upon request · and are available fer public inspection at the following locations: 

Indiana Department of"Environmental 

Management, Office of Air Quality, Indiana Government Center-North, 100 

North Senate A<.)'enue, 10th floor-East 

winq, Indianapolis, Indiana 46204. 

Legislative Services Agency, Indiana 

Government Center-North, 100 North 

Senate Avenue, Room N201, lndianapo· lis, Indiana 46204. . · ' 

Indiana Departrrient of Environmental 

Management; Northwest Office, 8380 

louisiana Street, Merrillville, Indiana 

46410. . Indiana Department of Environmental Manageme~t Northern Office, Suite 

450, 300 N. Michigan Street, South 

Bend, Indiana 46601. 

Indiana Department of Environmental 

Management, Southwest Office, 1120 

North Vincennes Avenue, P.O. Box 128, Petersburg, Indiana 47567~0128.· 

Indiana Department of Environmental 

Management, Southeast Office, 820 

West Sweet Street, Brownstown, ln-. 

diana 47220·9557. · Indianapolis Centi-al library, 40 E'ast St. 

Clair Street, Indianapolis, Indiana 46204. 

Hammond Public Library, 564 State .. Street, Hammond, Indiana 46320. 

Allen County Public library, 900 library Plaza, Fort Wayne, Indiana 46802. · Evansville Vanderburgh Public Llbmry, 200 SE Martin luther King Jr. Blvd., 

Evansville, lncUana 47-713. 

·aoard docUments"·may be viewed and 

downloaded frorn the Indiana Depart- ment of Environmental Management's · Web site .as early·as one weeK prior to the meetm11 at http://www.m.gov/ldemf4710.htm. 

;. 

!l 

'I 

The follOWing rules are noticed for hear:.: 1 

ing and action: · ~~ li 

2011 Update of "RCterences to the Co.da' 

; '

diana Department o Environmental __ :-~ 

Management, Office of Air Quality, <\·j : 

Room .1003,1ndiana Government CenterNorth, 10q'North Senate Avenue, In- , dianapolis at (317) 233-8628 or . ·: (800) 451-6027 (ext. 3-8628)(ln Indiana),,.,;; or asmlth@idem.in.gov, · ·.::: 

Particulate MaHer Comphance Determi- ~ .. f.~.:j. nat1ons (lSA#07-438). The purpose of ". ! this hearing is to receive pubhc com- lf• 

1 menton amendments to 326 lAC 6-3-1, ' .!: 

!. 

326 lAC 6.5 and 326 lAC 6 8 concerning '; mJ 

particulate matter emission limits for : )$ surf.ace coa~ers~ reinforced plastics com-·. t?" 

pos1te_s fabncat1ng manufacturers, and ... ~ graphic arts manufacturers that are pro-,';\ ~ 

posed for final adoption by the board. · :.1~ The proposed rule would allow certain 

op-erations subject to particulate matter emission limits to demonstrate compli~ _;; ance with those limits by implementing '.·· 

identified work practices and control· · ·• technologies. Upori completion, this _.,. rule shalfbe submitted to U.S. EPA for l , ~Pf~.~val into th~ State lmp"Jementatlon :, ,~ i 

For additional information: concerning . - ~; this rule conta·ct Susan Bern at the In· 

diana Department of Environmental 'ii 

Managem.ent, Office of Air Quality Room 1003,1ndiana Government Center 

North, 100 North Senate Avenue, In- ·:, dianapotis at (317)233-5697 or · ._:_. (800) 451-6027 (ext,,3·5697)(1n Indiana); ~, 

or sbem@idem.in.gov. . . <', 

Industrial Solvent Cleaning O~;~eratlons · jLS~#11-401). The purpose Qfthis hear~:_ ~ j 

mg ts to receive public comment on · ·· ~ 1, 

amendments to 3261AC.8-17 concern- . if!Q in~ustrial solvent cleaninQ opera.· , :I i 

t1ons m lake County a1_1d Po.rter"C;ouf'1ty. f ; : that are proposed for fmal adoption by;:.·'~ < l 

the board. The proposed rule.would e)c:O< f 

empt-coatlngs, ink, adhesive, and re"sin t,: · man!Jfacturing operations from existing reqUirements and adopt altern~tive sol-··- vent cleaning operation requirements ~, 

similar to other Midwest states. ihe · { proposed rule would aiso·add a solvent-: - :1 ·· borne fluoropolymer coatings exemp~ ; ~ •! tion and amend the limit for the "ultra- :, violet ink and electron beam ink app.l_ica- .c 

tion equipment, except screen printing'! ~ ~ category to be consistent with recent"· · · ,; ~ amendments in another-state's rules.·· .. ' ,~ UP.on completion, this rule shall b"e sub.,~ ~ 

m1tted to U.S. EPA for approval into the · .~' 

State Implementation Plan. '~' ~ F9r additional information ·conCerning' ·~ ~ 

t~1s rule contact Susan Bein at tlie In- ' ··: '-' 

of Federal Regulations" {LSA #11-472),: ;, The purpose of this hearing is to .receive J 

pubhc comment on amencfments to 326. 

lAC 1-1·3 concerning updates-to Refer· ,· ences to the Code of Federal Regula· tions (CFR) to mean the July 1, 2011 edition, 326 lAC 11·8 concerning references to the CFR to mean the July 1, 2010 edt~ 

tion, and 3261AC 20-96·1 to remove ail 

obsolete reference, that'are proposed for adoption by thE) board. Upon com· pletion, this rule shall be submitted to."· 

U.S. EPA f9r approval into the State lmJ:!Iementatmn Plan. 

For additional infOrmation concerning , this rule contact Ryan Knapick at the In~ diana Department of Environmental ' 

Management, Office of Air Quality, i Room 1003,1ndiana Government Center . North, 100 North Senate Avenue, In· 

dianapolis at (3l1) 232-8229 or · (800)451-6027 {ext. 2-.8229){in Indiana), or r.knapick@ldemJn.gov. 

d1ana Department of Environmental ·. ··· Management, Office of Air Quality :1 '" Room 1003, Indiana Government Center 

North, 100 North Senate Avenue, In· 

dianapolis at (317) 233-5697 or (800)451·6027 (ext. 3-5697){in Indiana), or sbem@idem.in.gov. 
This page intentionally left blank. 
EN 

T 

HE 

RE 

I_----------

\ RECEIVED 

l JI~N 0 3 201Z 

l'f.W>Scc;,ed by State Board of Accounb 

.......... .J...D. ... C.~P_ar.tm_ .. _•ntf'J·o·l~~~~~~~~&~_ ~.~·~:gr~-~~~~s (Gove·;~~-Eni~-----·- _ _ _ _ ·---- __ 

edia Company 

~1('!>\\ 

ID: q /-6~9 tl?'i?0 

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

Lake County, Indiana 601-45th Avenue, Munster, IN 46321 

PUBLISHER'S CLAIM 

. LINE COUNT 

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

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

advertisement is set}-- number of equivalent lines 

Head-- number of lines _______________________________________________ . 

Body-- number of lines ______________________________________________ _ 

Tail -- number of lines _________________ - _-- ________________________ _ 

Total number of lines in notice 

COMPUTATION OF CHARGES ( 

'Z,{'i?.lines, ...... l.. columns wide equals b.Jequlvalent lines at 36.41 

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) __________________ . ___________________________________ . ________________ _ 

$ 7:?-;:a.s.: 

#-26440,511 

TOTAL AMOUNT OF CLAIM _____________________________________________________ . 

DATA FOR COMPUTING COST 

Width of single -column in picas 9p4 

Number of insertions: 1 

Size oftype 7.0 point 

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, 

~~i.c~-~a~.d.uly~ubli.s~ed.tnsa.i~~de.z;;lic~ti2b4. as.26.// ..... 

Additionally, the statement checked below is true and correct: 

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

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

the newspaper . 

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

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

.. Date .fluun.rfl.u.;z_ 7, .. 1()/ Title: Legal Clerk 
Claim No. ______ Warrant No. _____ _ 

IN FAVOR OF 

$. ____ _ 

ON ACCOUNT OF APPROPRIATION FOR 

The Times Media Conipany 

601 W. 45th Avenue, Munster, IN 46321 

Appropriation No. 

ALLOWED __________ _ 

IN THE SUM OF$. ____ _ 

I !lave 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 
This page intentionally left blank. 
Prescribed by State Board of Accounts 80315-5898237 Genera] Form No. 99P (Rev. 2009A) 

Federal ID# 35-2061385 

IND DEPT OF ENVIRONMENTAL MANA To: INDIANAPOLIS NEWSPAPERS 

MARION COUNTY, INDIANA 

307 N PENNSYLVANIA ST- PO BOX 145 

INDIANAPOLIS, IN 46206-0145 

.,_ 

,-------------~-~---~ 

PUBLISHER'S CLAIM 

RECEIVED 

LINE COUNT 

Display Matter - (Must not exceed two actual lines, neither of w 

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

advertisement is set). - number of equivalent lines 

Head - Number of liues 

ch shall 

of the JAN 0 4 2012 

State of Indiana Body - Number oflines 

Tail- Number oflines 

Total number of lines in notice 

flepat t11 n::::ni. ·of Envlronmental1'4anagcment 

1-----0fflce of Air Quality 

TION OF CHARGES 

175.0 lines 2.0 columns wide equals 350.0 equivalent lines at .458 

cents per line 

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

of above amomit) 

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

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Width of single column 5.8 ems 

Number of insertions 1.0 

Size of type 1 

$. __ _,1""60.,..3,_,0 

.00 

$. __ _,1""60.,..3,_,0 

Pursuant to the provisions and penalties of!C 5-11-10-1, I hereby certify thatthe 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 between the dates of: 

12/23/2011 and 12/23/2011 

Additionally, the statement checked below is true and correct: 

Newspaper does not have a Web site. 

;:7" 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. 

. C'\ 

DATE: 12/23/2011 Title: Clerk 
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN 
w 

a: 

w 

I 

1-

z 

w 

2 

w 

(f) 

In: 

w 

> 0 

<( 

u_ 

0 

>- Q_ 

0 

0 

I 

0 

~ <( 

Prescribed by State Board of Accounts General Form No. 99P 

(Rev. 2009A) 

The Journal Gazette 

Allen County, Indiana 

Account # 1 060944 , 957311 

lnd Dept Of Environmental Mgmt 

,---------- .. --- .. -----·-----··-- -- -----------------------1 

I RECEIVED PUBLISHER'S CLAIM 

LINECOUNT I 

Display Master (Must not exceed two actual lines, neither of whi9h shall 

total more than four solid lines of the type in which the b~dy of the 

advertisement is set) -- number of equivalent lines 

Head -- number of lines 

' 

Body -- number of lines 

Tail --number of lines 

"'=:-::-:::;:-,c;St<.1tc of J n(iian;.l 

l.~t>n;ortment of _Env1ronment~l M~n.t~Q6lment J --OQ;ffii..E~ of Alr Qurl!!ty 

~--·· .~ ... ....,..-~ .. ,. .... ~.--.-- -~-~ 

Total number of lines in notice 

COMPUTATION OF CHARGES 

219 lines, 1 column(s) wide equals 

219 equivalent lines at $ 0.381 cents per line 

Additional charges for notices containing rule or tabular work 

(50 per cent of above amount) 

Charge for extra proofs of publication 

($1.00 for each proof in excess of two) 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING. COST 

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

Number of Insertions .... 1 

219 

$ 83.44 

$ .83.44 

Pursuant to the provisions and penalties of IC 5·11·1 0-1, I herepy certify that the foregoing 

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

and ihat 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: 

12/23/2011 -. 

Additionally, Newspaper has· a Web site and this public notice was pas~\ 135 same day as t, . 

was published in The Journal Gazette. m\ . '\ . .!\- I \.., 

· _ Jl<..~ r-' Nt-tr\. 

Date: December 23, 2011 

T. Brown-Smith 

Legal Clerk 
Clalrn No.------Warrant No. __ _.:_ __ _ 

IN FAVOR OF 

$. ____ _ 

ON ACCOUNT OF APPROPRIATION FOR 

ApproprlaUon No, 

ALLOWED _____ _.:__~--

IN THE SUM OF,, ___ _ 

I have exarnlneid !lie wllhln claim and lleret.~y certify a·s 

follows: 

That lt'ls in proper fl?r!ll. 

That II Is duly'authenUcatetl as reqU!retl,Uy taW. 

That !tIs ba~etJ upon statutory auU1or1ty. 

co.rrecl 

That II Is apparently 

Incorrect 

i certlrY tha·t the within clalrn Is true ami correct; that !he servIces lhere In Itemized and ror which charge Is made were'orderetl 

by me and we~e ne<:essery to the Public business 
THE JOURNAL GAZETTE, FT. WAYNE, IN 

legal Notice of Public Hearin.f . Under 40 CFR 51.102, not1ce IS 

hereby _given that the Indiana ~ir Pollution Control Board (board) w1tl hold a public hearing at its regularly 

scheduled meeting on. February 11 2012 The meeting w1ll convene a1 

1·00 ·p.m. at the Pla·mfield-Guilford 

TOwnship Public Library, McMillan B 

Meeting Room, 1120 Stafford Road 

Plainfield, lndmna. The purpose ol 

the hearing is to receive publiC com- ments prior to the propos~d .actions. 

All interested persons are mvited a1_1d 

will be given rea?onable oppqrtumty 

to express their v1ews concernmg the 

pro_posed actions. 

Copies of the proposed rule are available to any person 4pqn reQu~st and are available for public mspect10n 

at the following locations: . Indiana Department of Environmental Management. Office of Air Quality Indiana Government Center-North 

100 North Senate Avenue 

lOth floor-East wing Indianapolis, lndi~ma 46204 

Legislative Serv1ces Agency Indiana Government Center-North 

100 North Senate Avenue 

Room N201 

Indianapolis Indiana 46?04. 

Indiana Department of Environmental Manag:ement Northwest Office 

8380 Louisiana Street 

Merrillville, Indiana 46410 

Indiana Department of Environ. men- tal Management1 Northern Office 

Suite 450h 300 1~. Michigan Street 

South nend, Indiana 4;6601 

Indiana Department of Environmental 

Management1,?outhwest Office 

ll20 North vmcennes Avenue 

P.O. Box 128 

Petersbu&:g, Indiana 47567:0128. 

Indiana Department of Environmental Manag_ement Southeast Office 

820 West Sweet Street, Brownstown 

Indiana 47220-9557 

Indianapolis Central library 40 East St. Clair Street 

1 ndianapolis, lndia[la 46204 

Hammond Public L1brary 564 State Street 

Hammond, Indiana 46320. 

Allen County Public Library 900 Libra!)' Plaza 

Fort Wayne lnd1ana 46802 

Evansville Vanderburgh 

Public library 200 SE Martin Luther Kin_g_Jr. Blvd. 

Evansville, Indiana 47713. 

Board documents may be viewed and 

downloaded from the Indiana Depart- ment of Environmental Management's Web site as early as one week. pnor to 

the meeting at http://www .1 n .gov/idem/4 71 0 .htm. 

The following rules are noticed for 

heanng and action: 

2011 Update of "References to the 

Code of Federal Regulations~ (LSA 

#11-472). T~e purpo?e of this hearing is to rece1ve Qubllc comment on amendments to 326 lAC 1-1-3 con- cerning ®dates to References to the 

Code Of Federal Re_g_ulation? .<CFRl t

6

o mean the July 1, 20ll ed1t10n 32 

lAC 11-8 concerning references \o th~ CFR to mean the July 1. 2010 edition and 326 lAC 20-95-1 to remove an Obsolete referenceb that are pro- posed for adoption y the board. 

Upon completio~ this rule shall be 

submitted to U.~. EPA for approval into the State lm(llementation Plan. 

For additional mformation concern- ing this rule contact Ryan Knru>ick at 

the Indiana Department of t.nvirol'!-

mental Management, Office of Air 

Quality, Room 1003,. Indiana Government center North, .~.oo North Senate 

Avenue, Indianapolis at {317) 232

2· 

8229 or (8001 451-6027 (ext. • 8229)(1n Indiana), or 

rknapick@idem.in.gov. 511 Th 

PM2.5 NSR. (LSA#ll·2 . . e purpose of this hearing is to receiVe 

public comment on (!mendfllents t.o 

326 lAC 2 concern1n_g a1r perm1t rules that an! proposed tor final adoption by the bOard. The proROSed rule 

amends new source review (NSRl pro- visions for particulate matter less tt)ap 2.5 microns {PM2.5l, amends defm!-

tions in 326 lAC 2 to defer ca_rbon dioxide (C02) emissions from btoen1

ergy and other biogenic .squrces r.om greenhouse gas perm1ttmg reQI,IIdre· 

ments, idefitlfies nitrogen ox1 es (NOxl as a precursor to oz.one, and 

adds a reference to PM2.5 10 related 

rules. Upon comp_letion..., this rule shall 

be submitted to U.S. E.-A fpr approval into the State Jmplement(!tlon Plan. 

For additional information .concern- ing this rule contact Amy_ Srruth at the 

Indiana Department of Environmental 

Management Office of Air Qua1itv1 Room 1003 Indiana Governmem 

Center North' 100 North Senate Ave- nue IndianaPolis at (317) 233-862.8 or (BOO) 451·6027 (ext. 3-8628)(1n Jnd1anal, or asmith@idem.in,gov. Particulate Matter Compliance 0 e- terminations (LSA#07-43B). 'f:he 

purP9se of this hearing is to rece1ve 

public comment on amendments to 

326 lAC 6-3-1 326 lAC 6.5 and 326 

lAC 6.8 concer'ning particulate matter 

emission limits for surfac~ coaters.. re- inforced plastics composites fa.bncating manufacturers[ and graphiC arts 

manufacturers tha are proposed for 

final adoption by the board .. The pro- posed rule wouiO allow. certam opera- tions sub/·ect to particulate matter 

emission imits to d~m~mstrate. com- pliance with those hm1ts by tmple- menfmg identified work practices and 

control technologies. Upon c;:omple- tion, this rule shall be. submitted to 

u.S. EPA for approval mto the State 

Implementation Plan. . For additional information concern- ing this rule contact Susan Bef!l at 

the Indiana Department Qf EnviTOf'!-

mental Management, Off1ce of A1r 

Quality, Room 1003,. Indiana Government Center North, J.00 North Senate 

Avenue, Indianapolis at {317() 2333

· 5697 or (800) 451-6027 ext. - 5697Hin Indiana), or sbem@idem.in.gov. . Industrial Solvent Cleanmg Opera- tions (LSA#ll-401). The purpose of 

this hearing is to receive I:!Ubhc com- ment on amendments to ~21.) lAC 8-

17 concerning industrial solvent 

cleaning operations in lake County and Porter County that are proposed 

for final adoption by the board. , The 

proposed rule would exempt coatmgs, mk, adhesjve, and resil) l!lanufact,uring operations from exiStll)g reQUirements and adopt alternative solye11t cleaning operation reQuirements SimiJar to other Midwest states. The pro- posed rule would also adP a solventborne fluoropolvmer coa.tm_gs exem~ tion and amend the limit for the ~ul­ traviolet ink and electron beam mk 

application eQuipment, except screen pnnting• category to be .consistent 

with recent amendments m. anoth~r state's rules. Upo!J completion, thiS 

rule shall be submitted to U.S. EPA 

for approval into the State Implementation Plan. . For additional mformatlon concern- ing this rule contact Susan Be!J1 at 

the Indiana Department _Qf Envlron,-

mental Management, Office of Air 

Quality Room 1003llnd•ana Government center North, 00 North Senate 

Avenue Indianapolis at (317) 233-

5697 or (800) 451-6027 (ext. 3· 

5697Hin Indiana}, or sbem@idem.in.gov. For this hearing, oral· statements 

will be heard, but tor the accuracy of 

the record please submit statJ;!ments 

in writing io the attendant designated 

to receive written comments at the 

public hearing. . A transcriPt of the heanng and all 

written submiSSions to the board at 

the public hearing shall be .open to 

public inspection at the Indiana De4 

partment of Environmental Management; copies may be made available 

to any person upon payment of reproduction costs. Any_ person heard or represented at the hearing or request- ing notice shall be given written no- tice of the action of the board. 

Christine Pedersen, Chief 

Rule and State Implementation Plan 

Development Sectton 

Office of Air Quality Individuals reQuiring .r~asopab!e ar;.-

commodations for parttc1pat10.n m thts 

event should contact the Indiana Department of Envirqnmeptal. tvt.anagement Americans With D1sab1ht1es Act 

coordinator at: 

Attn: ADA Coordinator 

Indiana Department of Environmental 

Management 100 N. Senate Avenue 

Indianapolis IN 46204 or call {317) 233-1785. Speech and 

hearing impaired callers may contact 

the agency via th.e Indiana Relay Service at 1-800-743-3333. Please P!Qvide a minimum of 72 hOurs= notlfl1~~~23 957311 
This page intentionally left blank. 
PUBLISHER’S AFFIDAVITS

PUBLIC HEARING, November 2, 2011
This page intentionally left blank. 
RECEIVED 5574898 

Prescribed by State Board of Accounts General Form No. 99P {Rev. 2009A) 

or.r 1 4 2011 

Xl16 Indiana Dept of Environmental Mgmt To EVANSVIL E COURIER & PRESS 

(Governmental Unit) State of Indiana · Depcrtment of l;nyjronment I M ----,--'V,_,A.,N~D,.,E,_R,B:.::U"-R"'G"-H,____ CoU'1!lffi~@'!l¥1)llr Qu a anPi!I'B'6J<i26 , Evansville, IN 47702 ,, 

PliBDSRER'S C 

LINE COUNT 

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

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

advertisement is set)-- number of equivalent lines 416 

Head-- number of lines 0 

Body-- number of lines 416 

Tali -number of lines 0 

Total number of lines In notice 416· 

COMPUTATION OF CHARGES 

208 lines, 2 columns wide equals 416 equivalentlines at 0.2277 

cents per line $ 94.72 

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

COPY OF of above amount) $ 

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

HERE of twor =$~===;;::;;:;:: 

TOTALAMOUNTOFCLAIM $ 94.72 

DATA FOR COMPUTING COST 

Width of single column in picas 5p8 Size of type _ ___,7_:_polnt 

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: 

September 22, 2011 

Additionally, the statement checked below is true and correct: 

Newspaper does not have a Web site. 

-~x--Newspaper has a Web site and this public notice was posted on the same day as it was published 

in the newspaper. 

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

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

Date 9/30/11 

APPR~TTACH COPY 

BY~"· . OE ADVERTISEMENT . 

DATE /P-r?-N HERE 

OFFIGE OF AIR QUALITY 

Title Accounting Clerk 
EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN 

LEGAL NOTICE OF PUBLIC HEA~INGUnder 40 CFR 51.102 and 40 CFR 60.23, 

notice is hereby given that the Indiana 

Air Pollution Control Board {board) will 

hold a public hearing· at its regularly ~·-: 

scheduled meeting on Wednesday, No- 11 : ' 

vember 2, 201 t. The meeting will con· <i vane at 1:00 IJ:.m. o;~t the Indiana Govern~· 

ment Center-South, Conference Room c C, 402 West Washington Street, In- · : ' 

dianapolis, Indiana. The purpose of the·,, i 

hearing is to receive public comments .ij ; prior to the proposed actions. All inter- ::~- , ested persons are invited and will be · -~ : given reasonable opportunity to express-; i.' 

their v.lews concen:aing the proposed BC::"£i :: tion. ·"F· c' 

Copies of the proposed rule are .fl ; available to any person upon request and ar~ available for public inspection -~.; :· at the following locatiOns: 

Indiana Department of Environmental :'. 

Management, Office of Air Quality, In- .. ~ 

diana Government Center-North, 100· ~ 

North Senate Avenue, 10th floor-East 

wina. Indianapolis, Indiana 46204. 

LegiSlative Services Agency, Indiana " 

Government Center-North, 100 North : Senate Avenue, Room N201,1ndlan?Po~- . lis, Indiana 46204. 

Indiana Department of Environmental Mana~ement, Northwest Office, 8380 

Louis1ana Street, Merrillville, Indiana 

46410. ~:' 

Indiana Department of EnviroQmental ·.'.f Manageme~t_, Northern Office, Suite ~ 

450, 300 N. IVIichigan Street, South ~(>! 

Bend, Indiana 46601. ,=i.< 

Indiana Department of Environmental . )·; 

Management, Southwest Offlce, 1120 ... North Vincennes Avenue, P.O. Box 128, · 

~~~~~S:~D~~~~~~~t ~f~~~~~~ffiental ';1 

Management, Southeast Office, 820 ;{ 

West SWeet Street, Brownstown, In- . ~ diana 47220-9557. .. Indianapolis Central Library, 40 East St.;1j 

Clair Street, lndianaP.olls, Indiana 46204.( 

Hammond Public L1brary, 564 State ~--

Street, Hammond, Indiana 46320. _ ·:~ Allen County Public library, 900 librai"{JJl 

Plaza, Fort Wayne, Indiana 46802, ·-, Evansville Va.nderburgh Public Library, , 200 SE Martin Luther King Jr. Blvd.. ' 

Evansville, Indiana 47713. 

Board documents may be viewed and 

downloaded from the Indiana Depart- ment of Environmental Management's 

Web site as early as one week prior to the meetinr;t at http:/lwww.m.gov/idem/4710.htm. 

The following rules are noticed for hear-. 

log and action: 

2011 Update of "References to the Coda'~ 

ofFederal Regulations" (LSA #11-472). ~ 

The purpose of this hearing is to receive_t 

pubhc comment on amendments to 326J 

lAC 1·1-3, concerning updates to Refer- ences to the Code ofFederal Regula- '

1 

tlons (CFR) to mean the July 11 2011 edi- ·- tion and 3261AC 11-8 concernmg refer- ences to the CFR to mean the July 1, 

2010 edition, that are proposed for 

adoption by the board. . For additional information concernin_g ·; this rule contact Ryan t<napick at the Indiana Department of Environmental . Management, Office of Air Quality, · :'· 

Room 1003,1ndiana Government Center~ 

North, 100 North Senate Avenue, lndiamipolis at (317) 232-8229 or (800)451-6027 (ext. 2~8229)(in Indiana), or rk~apick@idem.in.gov. 

Article 2 Near-Term Rule (LSA#09·493). 

The purpose of this hearing is to receive 

pubhc comment on amendments to 326 

lAC 2, concerning air permit rules that are proposed for final a.doption by the 

board. The proposed rule clarifies and 

updates 3261AC 2 with noncontroversial 

changes that do not require extensive ., oollatloration with U.S. EPA and that can·' 

be finalized quickly to improve the permitting rules. · · For additional information concerning 

this rule contact Amy Smith at the Indiana Department of Environmental 

Management, Office of Air Quality, 

Room 1003t,lndiana Government Center 

North, 100 North Senate Avenue, In· 

dianapolis at (317)233-8628 or {800)451·6027 (ext. J.8628)(1n Indiana), or asmith@idem.ln.gov. 

Particulate Matter Com_pliance Determinations (LSAU07-438). The purpose of 

this hearing is to receive public com- ment on amendments to 3261AC 6·3-1, 

326 lAC 6.5 and 326\AC 6.8 concerning 

particulate matter emission limits for 

surface coaters, reinforced plastics cQmposites fabricating manufacturers, and 

graphic arts manufacturers that are pro-, posed for preliminary adOption by the ., board. The draft rule would allow cer- tain operations subject to particulate . matter emission limits to demonstrate 

comRiiance with those limits by implementing identified work practices and 

control technologies: 

For additional information concerning 

this rute contact Susan Bern at the Indiana Department-of Environmental 

Management, Office of Air Quality, 

Room 1003! ,Indiana Government Center 

North.. 100 North Sanate Avenue, In- · dianapolls at {317)233-5697 or (800) 451·6027 (ext. 3-5697)(in Indiana), or sbem@idem.in.gov. 

Industrial Solvent Cleaning Operations 

{LSAit11·401). The purpose of this hearIng is to receive public comment on amendments to 3261AC 8·11, concern- ing industrial solvent cleaning operations in lake County and Porter Cou~ 

that are proposed for preliminary adop- _ tion by the board. The draft rule would · exempt coatings, ink, adhesive, and res-~ . in manufacturing operations from exist~--:. 

ing requirements and adopt alternative 1 : 

solvent cleaning operation requirements~ 1 similar to other M1dwest states. The ··~. 

draft rule would also add a solVentborne fluoropolymer coatings exemption and amend the limit for the "ultra- . violet ink and electron beam ink applica-. 

tion equipment, except screen printing" 

category to be consistent with recent amendments in another state's rules. 

For additional information concerning 

this rule contact Susan Bern at the Indiana Department of Environmental 

Management, Office of Air Quality, ,., Room 1003, Indiana Government Cente~,· 

North.. 100 North Senate ~venue, In- · dianapolis at (317) 233-5697 or (BOO) 451-6027 (ext. 3-5697)(in Indiana), ·.' or sbem@idem.in.gov. 

For this hearinQ, oral statements wi11 be' 

heard but for tfie accuracy·of the 

record, please submit statemehts in ~ writing to the attendant designated to.·.~~ 

receive written comments at the public .J h~aring. '"-

A transcript of the hearing and all writ~-·" 

t!!n submissions to the board at the pub:--'! he he!Jnng shall b~ open to public in· :~t spe~:t.10n at the lnd1ana Department of ~i 

Environmental Mana.gement; copies .. \ 

may be made av-ailable to any person ---1 

upon payment of reproduction costs. · ·- Any person heard or represented at the _. heanng or requesting notice shall be . :i 

given written notice of the action of the -~ 

board. ;r 

Christine Pedersen, Chief --• Rule and State Implementation Plan De~ velopment Section · · Office of Air Ouality 

*****ti:*-IHHH!if*******************444. 

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

 ""'"** ** . ~i lndivid.uals requiting r.easonable acconi.• 

modattons for participation in this event·; shout~ contact the Indiana Department ·ii 

of Eny1ronm~ntal {v'lana~ement, i(! 

Amencans With Dtsabllltms ACt coordf~· <:i 

nator at:· '·~ 

Attn: ADA Coordinator .-.- Indiana Department of Environmental ); 

Management . ., .. ·100 N. Senate Averiue · Indianapolis, IN 46204 .. 
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Prescribed by State Board of Accounts 

The Journal Gazette 

General Form No. 99P 

(Rev. 2009A) 

Allen County, Indiana 

Account# 1060944-936177 

lnd Dept Of Environmental Mgmt 

PUBLISHER'S CLAIM 

LINE COUNT 

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

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

advertisement is set) -- number of equivalent lines 

Head-- number of lines 

Body -- number of lines 

Tail -- number of lines 

Total number of lines in notice 

COMPUTATION OF CHARGES 

215 lines, 1 column(s) wide equals 

215 equivalentlines at $ 0.381 cents per line 

Additional charges for notices containing rule ortabular work 

(50 per cent of above amount) 

Charge for extra proofs of publication 

($1.00 for each proof in excess of two) 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

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

Number of Insertions .... 1 

215 

$ 81.92 

$ 81.92 

Pursuant to the provisions and penalties of IC 5-11-1 0-1, I hereby certify that the foregoing 

account is just and correct, that the amount claimed is legally due, after all 'r.~g.all~usLcr.edits, .. 

and that no part of the same has been paid. 

I also certify that the printed matter attached hereto is a true copy, o the samJlfnCJSJ\/E D 

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

The dates of publication being as follows: 

9/29/2011 

OCT 0 7 2011 

State of Indiana 

Department of Environmental tvlanagernent 

Office of Air Quality 

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

was published in The Journal Gazette. 

OG T b ,11 HMl1:56 

Date: September 29, 2011 

T. Brown-Smith 

Legal Clerk 
THE JOURNAL GAZETTE, FT. WAYNE, IN 

Legal Notice of Public Hearing 

Under 40 CFR 51.102 and 40 CFR 60.~3, notice Is he!eby given that the 

lndrana Arr Pollution Control Board 

(board) will hold a public hearing at 

_Its_ regularly scheduled meeting on Wetlnesday November 2 2011. The 

meeting \Yih convene at 1:00 p.m. at 

the lndrana Government Center· 

South, Conference Room C, 402 West 

Washington Street, Indiana olis Indi- ana •. The purpose of t inli: is to recerve publu; comme r lo the 

proposed actrons. All per- sons are invited and wi lven rea- S9nable oppo[tunity to express their vrews concernmg ttle proposed action. 

·GoP.ies of the proposed rule are .avarlable to.any person upon request and are ava1l_atile for public inspection at the followmg locatrons: 

Indiana Department of Environmental M?tnagement, Office of Air Quality lndrana Government Center-North 

100 North Senate Avenue 

lOth floor-East wing lndianamlis, Indiana 46204 . Legislative Services Agency lndrana Government Center-North 

100 North Senate Avenue, Room 

N201. IndianapoliS, Indiana 46204 

Indiana Department of Environmental Management~ Northwest Office 83~0 Lou1siana Street 

Merrillville, Indiana 46410 

_lnd!ana Department of 

Environmental Management Northern Office, Suite-450 

300 N. Michigan· Street · South Bend, Indiana 46601 

Indiana Department. of Environmental Management~ Southwest Office 

ll20 North Vmcennes Avenue 

P.O. Box 128,._ Petersburg . Indiana 47o67-0128 

lnd1ana Department of Environmental Management,.; Southeast Office 

820 West ;::.weet Street 

Brownst9wn, ln9iana 472Z0-9557 

lnd1anapohs Central library 40 East St. Clair Street 

Indianapolis, Indiana 46204 

Hammond Public Library 564 State Street 

Hammond, Indiana 46320 

Allen CovrttY Public library 900 llbral}' Plaza 

Fort Wayne11nd1ana 46802 

Evansvil e Vanderburgh Public Ubrcuy · 200 SE Martin Luther King Jr. Blvd 

Evansville, Indiana 47713 · 

Board documents may be viewed and 

downloaded .from the Indiana Depart~ 

ment 9f Envrronmental Management's Web srte as early as 9ne week pnor to 

the meetrng at 

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

The . following r~les are noticed for 

hearrng and action: 2011 Updilte" o1 

'R .. eferences t9;- the Code of Federa _ Regulations• ~LSA /fll-:172). The 

punwse of thiS hearrng 1s to receive 

putiltc comment on amendments to 

326 lAC 1-1-3, concerning uPdates 

to References to the Code of Federal 

ReR;ulatrons (CFR) to mean the July 1 

2011 editlon and 326 lAC ll-8 con~ cernlng references to the CFR to mean the July 1, 2010 f}dition, that are. proposed for adoptmn by the 

board. 

For additional Information cpncerning this rule contact Ryan Knaprck at the 

Indiana Department of Environmental 

ManagemenL Offic(:l of Air Quality Room 100.:), lndrana Government 

Center N_orth, lPO North Senate Ave.- nue~-,lndranapolrs at {317) 232-8229 or (oOO} 451-6027 (ext. 2-8229)(in 

Indiana), or rknaplck@idem.iir.gov. 

Article 2 Near-Term Rule (LSA#09- 493) .. The pu~pose of this hearing Is 

to recerve .oubhc comment on amendments to 326 lAC 2, concerning air 

permit rul_es that are proi)9Sed for final adoptiOn by the board. The nrc- posed ru]e clanfies and updates 326 

lAC 2 wrth nonc;ontroverstal changes that do not re!"lwre extensrve collaboratlop with U.S. EPA and that can be 

fiqat1zed guickly to improVe the pet- .mlttrng rules. 

For additional information concerning this rute contact Amy Smith at the Indiana Department of Environmental 

Management Office of Air Qualrty Room 100.:), Indiana Governmenl · Center North, 100 North Senate Ave- nue~-.lndiana~mlis at (317) 233-8628 or (oOO) 451-6027 (ext. 3-8628)(in lndJana), or asmith@idem.in.gov. 

Particulate Matte. r Compliance Deter~ 

inlnations. (LSA#_Ol-:138). The pur- ROSe of th1s heanng rs to receive J:!Ub· 

lie comment on amendments to 326 

lAC 6-3-1, 3~6 lAC 6._5 and 326 lAC. 

6.13_ ~onc.err:ung particulate matter emrssron hmlts tor surface c-oaters_. re- inforced plastics composites fabncat· 

ing manufacturers

1 

and graphic arts. 

manufacturers ttla are proposed for 

preliminary adoption by Uie board 

The draft rule would aiiQw certain op: erations subject to particulate matter 

emission limits to demonstrate com- pliance with those limits by Imple- menting !dentifle9 work practices and 

control techno/ogres. 

For additional information concerning this rule contact Susan Bern at the Indiana Departmen1 of Environmental 

Management Office of Air Quality! Room 100.:), Indiana Governmen 

Center North, 100 North Senate Ave- nue~-. Indianapolis at {317) 233-5697 or \oDD) 451-6027 (ext. 3-5697)(in lnd ana), or sbem@idem.in.gov. 

·Industrial Solvent Cleaning Operatlol}s LSA#tl1-401). The purP.OSe of thiS 

hearing is to receive gublic comment on ame.ndments t_o 326 lAC 8-17, conce~nrng_mdustnal solvent cleaning operatrons m lake County and Porter 

County th<!t are proposed for preliminary adoptiOn by the board. The draft 

rule would exempt coatings, ink, adhesive, and resin manufacturing oper- ations from ex/" sting requirements and 

adopt alternat ve solvent cleaning op- eratron requirements· similar to other 

Midwest states. The draft rule would 

also add a solvent-borne 

fluoropolymer coatings exemption and 

amend tile limit for tfle "ultraviolet Ink 

and electron beam ink application equipment, except screen printing" 

category to be consistent with recent 

amendments in another state's rules. 

FOr additional information concerning t~is rule contact Susan Bell} at the lndJana Department of Environmental 

Managementt Offrc~ of Air Quahty Room 100.:), lndrana Governmenf 

Center North, 100 North Senate Ave- nue~-. Indianapolis at (317) 233-5697 or \oOO) 451-6027 (ext. 3-5697)(in lnd ana), or sbem@idem.in.gov. 

For this hearing, oral statements will 

be heard, but tor the accuracy of the 

record, please submit statements in 

writipg to ~he attendant designated to r~e1ve .wrrtten comments at the pub- Ire heanng. 

A _transcript of. the hearing and all 

wntten submlssmns to the board at 

the public hearing shall be open to 

pubhc inspection at the Indiana Department pf Envirorimental Manage- ment; cop1es may be made available 

to 3!JY person upon payment of repro- ductiOn costs. Any person heard or represented at the hearing or request~ 

tpg notice sho~.JI be given written no- tice of the act ton of the board. 

Christine Pedersen, Chief 

Rule and State Implementation Plan Development Section 

Office of Air Quality 

Individual~ reQuiring _reasorable ac- commodatiOns for participation In this 

event should contact the Indiana Department of Environmental Manage-

~~~~~~T0~r~1~ns with Disabilities Act 

Attn: ADA Coordinator 

\Mndiana Department of Environmental anagem~nt 100 N. Senate Avenue 

lnd1ana_pol1s IN 46204 or ct;~ll (~17)_233-1785. Speech and 

heanng tmpatred callers may contact the agency .via the Indiana Relay Servrc;e at H!.Q0-743-3333. Please pro- vrd~ a mm1mum of 72 hours= notificatron. 

9-29 936177 
Prescribed by State Board of Accounts 80315-5864616 General Form No. 99P {Rev. 2009A) 

FederallD# 35-2061385 

IND DEPT OF ENVIRONMENTAL MANA To: INDIANAPOLIS NEWSPAPERS 

MARION COUNTY, INDIANA 

307N PENNSYLVANIA ST- PO BOX 145 

INDIAN4Pous-:~'fT46206-0 1 ~. ~-------

/ Rre:IIP•Il!:"~~~'Vilr~n PUBLISHER'S CLAIM ~~~,-~~~~JL d ~:r'%"'~ 

LINE COUNT 

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

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

advertisement is set).- number of equivalent lines 

Head - Number oflines 

Body -Number of lines 

Tail - Number oflines 

Total number of lines in notice 

COMPUTATION OF CHARGES 

186.0 lines _bQ columns wide equals 372.0 equivalent lines at .458 

cents per line 

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

of above amount) 

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

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Width of single column .2.& ems 

Number of insertions __lQ 

Size of type 1 

' sr:r 2 H 2011 

$. __ ~1~7~0~.3~8 

.00 

$. __ _;_1 7'-'0c.,.3,8 

Pursuant to the provisions and penalties of IC 5-ll-l 0-l, I hereby certifY that the foregoing account is 

jUSt and correct, tlwt 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 between the dates of: 

09/22/2011 and 09/22/2011 

Additionally, the statement checked below is true and correct: 

Newspaper does not have a Web site: 

\1"' Newspaper has a Web site and !his 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: 09/22/2011 Title: Clerk 
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN 

Legal Notice of Public Hearing :--__ :-_,_ 

Under 40 CFR 51.102 and 40 CFR 60.23, noilce: Is hereby given that the Indiana Air Polluti(ln Control Board (board) will hold a public hear~ 

lng at its regularly scheduled meeting on . Wednesday, November 2, 2011. The meeti1,1g will convene at 1·.00 p.m. at the lml"lana-'!, Government Center-south, Conference Room_ i c, 402 West Washington Street, lndianapoli!i; __ ,_ Indiana. The purpose of the hearing is to re-J 

celve public comments prior to the proposed -i 

actions. All interested persons are lnvlted_J 

~~gr:i!' t~~~~i,)j~~~ec~l~~ear~ i~lg~~~~~~J%·!~_) action. · _,_ 

Copies of the proposed rule are available-_ to-: any person upon request and are available) for public inspection at the following ioca-:· 

tio1~diana Department of Environm~~t~f~' Management, Office of Air Quality, lndiana·i 

Government Center-North, too North seoate Avenue, lOth floor~East wing, Indianapolis; Indiana 46204. 

Legislative Services Agency, Indiana 

X~~~~~~~~~~en~~~~o~ua,!~~p~ftZ.h ,~ar:~: 462

?~21iana Department of Envlronment'a:i" 

Management, Northwest Office, 8380 Louisiana Street, Merrillville, Indiana 46410. -_ Indiana Department of Environmental 

ManafJement. Northern Office, Suite 4501 300 N. Michigan Street, South Bend, lnalana 

46601. . ~- ~,-

Indiana Department of Environmental 

Management. Southwest Office, 1120 North_; Vincennes Avenue, P.O. Box 128, Petersburg,: Indiana 47567-0128. 

Indiana Department of Environmental 

Management. Southeast Office, 820 West' 

Sweet Street, Brownstown, Indiana 47220-

9557. ·: Indianapolis Central Library, 40 East St, Clair Street, lndianaffolis, Indiana 46204. -~ ' 

stre~tm._ra:;.n~on~~rn~an~~l{lo. 564 state Allen county Public Library, 900 Library Plaza, Fort wayne, Indiana 46802. ' Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Blvd., Evans~J 

ville, Indiana 47713. , 

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

ronmental Management's Web site as early as one week prior to the meeting at http://www.Jn.gov/idem/4710.htm. 

The following rules ate noticed for hearing and action: · : 

~~!:r::~:,:~~~;.r~~n~:~:~~ .f~:~u~!! pose of this hearing is to receive public com- ment on amendments to 326 lAC 1-1-3, c_qn~-

~~~'!1:!.1 ~g~~t1J~sR('i!~k)~ge;,-~~~~hi~~~;-~~ 1 

2011 edition and 3261AC 11--B concerning ref• i erences to the CFR to mean the July 1, 201!) 1 

edition, that are proposed for adoption 'bY 1 

the board. 

For additional information concernin9 i 

this rule contact Ryan Knaplck at the lndlan;'ll 

Department of Environmental Management, i 

Office of Air Quality, Room 1003, Indiana ; Government Center North, 100 North Senate, 

Avenue, Indianapolis at (317) 232-8229 or · (800) 451-6027 (ext. 2-8229)(in Indiana). or J 

rknaplck@Jdem.Jn.gov. : Article 2 Near-Teml Rule (LSA#09-493). The i purpose of this hearing is to receive publi_c comment on amendments to 326 lAC 2, con~_ i cernlng air permit rules that are proposej;i i 

~~refi~~rffi~~!~Jl ~~dt:t~~3~~~AWi e.,~g~~~~-~ 

¥~~if~:~g,\'!b~~~~i~~s !W~ 8?s~~tAe~~~et~~t \ can be finauzed quickly to Improve the per~ : mitting rules. ,·,: i 

For additional information concerning : this rule contact Amy Smith at the Indiana 

grK;~~rnli~f QE~:,j,~~~~~~~~ N~~~~~~~~~ Government Center North, 100 North Senate 

Avenue, Indianapolis at (317) 233-8628 or (800) 451-6027 (ext. 3-8628)(in Indiana), or asmith®ldem.ln.gov. 

~articulate Matter Compliance Detennina· ~rons (LSA#0~-438). Tl)e purpose of this hear- mg Is to recerve public comment on amend- ments to 326 lAC 6-3-1, 326 lAC 6.5 ahd-326 I~C 6.8 <:oncerning particulate matter einrs.: sron .llmrts for surface .coaters, reinfoi"Ced- piastres composites fabncatlng manufactUr- ers, and graphic arts manufacturers tliat_'are proposed for preliminary adoption by-the board. The draft rule would allow certam··op- erat!o_ns subject to particulate matter'eniis- SIOn IIJ!llts to demonstrate compliance ·with those hmits by implementing identified wo. ,k practices and control technologies. -· :-·· -·· For additional Information concerning/ this rule contact S!Jsan Bern at the Indiana -· Department of Environmental Management ' Office of Air Quality, Room 1003, .lndiiiricl · Government.center.North, 100 North Senate 

Avenue, lnd1anapohs at (317) 233-5697-_-__ or (800) 4?1-6027 (ext. 3-5697)(in lndiana);-,_Or sbem@ldem.Jn.gov. -: ,._ -:,-__ ,_:;_.~-. 

Industrial Solvent Cleaning Opi!tatiq_nS · (lSA#ll-401). T:he purpose of this fiearing Js to receive pubhc comment on amendments to 321? lAC 8-17, c_oncernlng industrl_al solvent 

cleamng operatmns in Lake County'· ·and Porter Couryty that are proposed for- pnl:_!imJ.: . 1]_<!-!Y adoptmh I:IY the board. The dr!;l.ft_.rule- Wo!Jid exempt coatings, Ink, ··adheSiVe;-.oalfd; resm m~nufacturJng operation$ from _:exlSi:-' mg reqwr~ments an_d adopt alternatiVe'soJ-_ vent cleanmg operation requirements_ slmihi.i-" to other Midwest states. The draft rule-would ~lso add a solvent-borne fluoropolymer'coat- !f19S ex_emp,lon and amend the limit .fof~the 

ultraviolet mk and electron beam ink ·ai?Piicatlon equipment, except screen prlritmg~· , category to . be cons1stent with r(!cent amendments m another state's rules. . --~ . 

For additional Information collce-rni~g this rule contact susan Bern at the lndiai1a D~partment of Environmental Management Office of Air Quality, Room 1003; Indiana 

Government Center North, 100 North senate Avenue, Indianapolis at (317) 233~5697-"'tir (800) 4?1~6027 (ext. 3·5697)(in lndiami)--_.;·or sbem@ldem.Jn.gov, · : __ ·',:-_c·_, 

For this hearing, oral statements wni:be 

heard, but for the accuracy of the recOrd 

please submit statements in wrlting-ti:J·tbe attendant designated to receive · written comments at the public hearing. . ,·_-_:';.: -----~ 

A transcript of the hearing and all wi"ltte·n 

submissions to the -board at the public heatlng_shall be open to public Inspection at~the 

lnd.ana Department of Environmental .Maii~. 

agement; copies may be made availaQJe to any person upon P.ayment of reproduction· costs. Any person heard or represented ·at 

the hearing or requesting notice shall .. be ~~v:r'd. written notice of the action of the 

Christine Pedersen, Chief 

Rule and State lmplementation.Piiln 

Development Se!diori 

•++H * • • .,..** u u• • u• ~~~;.~![!~~?.'!!lity lnd!viduais requiring reasonable ·aCCominOdatfons for participation in this event. should contact the Indiana Department of Envlrori· · 

~b1Ufi!Js 'f~ncaggg] ~r:,.1 {'~:ericans w!i:tJ 9_1,~-

Attn: ADA Coordinator ·· -· _-: 

~~~"a_ng~~~l:rtment of Envlrorlmental .-

100 N. senate Avenue 

Indianapolis, IN 46204 

or c~ll (317) 233-17e5. Speech and heilrin9 lmpa1red callers maY contact the agencY·.vfa . the Indiana_ Relay service at 1-800-743-3333. ~~~~f;rf.'rov1de a minimum of 72 hours=; tJoti-

____ (s- 9/~2/11- 5864616) 
f":'i¥~1:1iiil;} ' ' r\ I' -~tj\esC,ribed by State Board of Accounts r

----···--·---... ___________ _ 

)~\ 1 D ff:'1""•l!'l.f10~tj&>j;'jl!'!f~v 2009A) 

TA 

CH 

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"1"1 ' !l'%J&;;; ~ !');;;,! v [;; ~, h; ~ 

(Governmental Unit) 

Lake County, Indiana 

To: The Times M~~ia bompany 

..... -.;: ! 1·"'-l' 1 -n ' 

601-45th Ave~l'i Munster, IN 46321 

;:: .. i :'itat" of !ndlana 

PUBLISHER'S CLAIM ~,;,: Depa<Utlillit of~nvii'Qnmental Management 

1 Clrflco of Aif Quality 

LINE COUNT 

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

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

advertisement is set)-- number of equivalent lines 

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

Body-- number of lines 

Tail -- number of lines 

Total number of lines in notice 

COMF.;JJIA:(ION OF CHARGES • '1'2 

..?.,Qjiines, .... L .. columns wide equall.t?.Jequivalentlines at 36.41 

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 

oft;~~AL iiMouNroFcCi\iM-~~~~--~~~~--~~~~~--~~~~~~~~----~~::~~~:_-_-::::::::_·:::::::: $ 7..:o::;'Jf.::'J 

DATA FOR COMPUTING COST 

Width of single column in picas 9p4 

Number of insertions: 1 

Size of type 7.0 point # 2tY!z&<f/J 

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, 

~~i.ch. ~a~.d~ly.~ub1Ish.e~·i·n·s·a~nz;;J:;tes.ofz7/~n b2JJ~7~s: ........... . 

Additionally, the statement checked below is true and correct: 

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

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

the newspaper. 

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

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

APPROVEII)at~@-S.:./. .... 2~ .. 2/J/1 BY--~~k--­

DATEKate Stephens ........... . 

Title: Legal Clerk 

OFFICE OF AIR QUALITY 
Claim No. ______ Warrant No.------

IN FAVOR OF 

$ ____ _ 

ON ACCOUNT OF APPROPRIATION FOR 

The Times Media Company 

601 W. 45th Avenue, Munster, IN 46321 

Appropriation No. 

ALLOWED __________ ___ 

IN THE SUM OF $•-----

I have examined the within claim and hereby certify as 

follows: 

That it is in proper form. 

That It is duly authenticated as required by law. 

That it is based upon statutory authority. 

correct 

That it is apparently 

incorrect 

I certify that the within claim is true and correct; that the 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 Hearing \ 

Under 40 CFR 51.1 o·2 an~ 40 CFR \ 

60 23 notice is hereby gtvet' tra~ th~ t'nctiana. Air Pollution on~? 

Board (board) will hold ach~~ ~ ' hearing at its regularly s e meeting on Wednesday, No'!"em~ 

ber 2, 2011. The meeting wtll con- --

'vene at 1:00 p.m. at the -lndi~n~. GoVernment Center-South, Conf~H~._ -:-~ ence Room C, 402 West wash!ng- ·.' 

ton street, Jndianapo_lis, lndtana .. 

The purpose of the heanng JS to re- . 

ceive public comme~ts prior to the_ . proposed actions. All mte~ested P!3£- sons are invited and wtll be giVen_ 

reasonable opportunity to expre~s 

their views concerning the propose~_ 

action. .. Copies of the proposed rule are_ 

available to any person upon re-. . ; 

quest and are availab!e for pu~hc ~~~", spection at the following !ocat~ons. - Indiana Department of Enwon- ·.: 

mental Management, Office of Alf 

Quality, Indiana Governmen~­ Center-North, 100 North Senate_Avenue, 1oth floor-East wing, Indianapolis, Indiana 46204. . , 

-Legislative Services Ag~ncy, lnd1-.. ana Government Center~North, 100_: 

North senate Avenue, Room N201,.~ Indianapolis, Indiana 462o4. :·_ ·. _ Indiana Department of Environ-.·'_:~. 

mental Management, Northwest ~b·; flee, 8380 Louisiana Street, Mern-- _ · 

llville, lndlana46410. . ,-_-_ - Indiana Department of Enwon- -· , 

mental Management, Northern <;If- _j 

flee Suite 450, 300 N. M1ch1gan · 

Str~et, South Bend, Indiana 46601 .. _-,-

-Indiana Department of Environ•,,; 

mental Management, Southwest Of~;_ flee 1120 North Vincennes Avenue,_' 

P.o'. Box 128, Petersburg, lndian9:_r 

47567-0128. . . "' _ Indiana Department of Env1ron- . 

mental Management, Southeast Oh_·:_ 

lice, 820 West Sweet Street, Brown,-::;;_ 

stown, Indiana 4722~-9557. - In- ·._: ~ 

dianapolis Central Library, 40 ~ast St. Clair Street, Indianapolis, Indiana:_ 

46204. _.-.,: ----t 

- Hammond Public Library, 5~~-- State Street, Hammon?, lt-;146320 .. '-.:> _ Allen county Pubhc Library, _900-

1 Library Plaza, Fort Wayne, lndi8TJ~; I 46802. . <:-~} 

_ Evansville VanderburQh Public Ll~_--,­

brary 200 SE Martin Luther King Jr: 

Blvd.,' Evansville, Indiana 4771 ~- ___ .d-;, 

Board documents maY be VIe~~_ .. _,;_ 

and downloaded from the Jnd1ana ·. 

Department of Environmentt).l_, 

Management's Web site as earlY: ~-: one week prior to the meeting at"'·:<" 

bttp·Uwww in_gmdidemf471 o hi~\:~ 

The following rules are noticed-:f9(_ 

hearing and action: -., .·_\ ·_. , 

2011 Update of "ReferenceS;---~~:· ! 

the Code of Federal Regulations ___ , · 

(LSA #11-472). The purpose of.t~1~ hearing is to receive public com-:···,._,,_ \ 

ment on amendments to 326 -l~q : 

H-3, concerning updates to Refer-.. : 

ences to the Code of Federal Regy-.::-: 1 

lations (CFR) to mean the July_ :~t•.,. i 

2011 edition and 326 lAC 11-8 con;:·_,~·: 

cerning references to the CFR-~!Q_:· mean the July 1, 2010 edition, _tha.t 

are proposed for adoption by·:~~~-, board_ · 

For additional information concern--

ing this rule contact Ryan Knap!ck 

at the Indiana Department of Environmental Management, Office of 

Air Quality, Room 1003, Indiana 

Government Center North, 100 

North Senate Avenue, Indianapolis 

at (317) 232-8229 or {BOO) 

451-6027 (ext. 2-8229)(in Indiana); 

· or rknapick®idem jn gov. 

Article 2 Near-Term Rule 

(LSA#09-493). The purpose of thishearing is to receive public com· 

ment on amendments to 326 lAC 2, 

concerning air permit rules that are 

I proposed for final adoption by the·_. 

board. The proposed rule clarifies , 

: and updates 326 lAC 2 with non- ·: 

controversial changes that do not 

require extensive collaboration with 

U.S. EPA and that can be finalized 

quickly to improve the permitting 

rules. 

For additional information concerning this rule contact Amy Smith at 

the Indiana Department of Environ· 

mental Management, Office of Air 

Quality, Room 1003, Indiana Gov1 ernment Center North, 100 North 

r Senate Avenue, Indianapolis at 

:. {317) 233-8628 or (800) 451-6027 

. {ext. 3-8628){in Indiana), or asmilh@ldemjn.grut:. 

Particulate Matter Compliance 

Determinations (LSA#07-438}. 

The purpose of this hearing Is to re· 

ceive public comment on amendments to 326 lAC 6-3~ 1, 326 lAC: 

6.5 and 3261AC 6.8 concernin~ par~ __ ' 

ticulate matter emission limits for 

surface coaters, reinforced plastiCs 

composites fabricating manufactur- :~ 

ers, and graphic arts manufacturers 

that are proposed for preliminary 

adoption by the board. The draft_ 

rule would allow certain operations ' 

subject lo particulale matter emis- · 

sian limits to demonstrate compliance with those limits by implement- · _ 

ing identified work practices and i 

' control technologies. , 

For additional Information concern- i 

ing this rule contact Susan Bern af 1 

the Indiana Department of Environ- , I 

mental Management, Office of Air. 

Quality, Room 1003, Indiana Gov- : 

emment Center North, 100 North _ 

Senate Avenue, Indianapolis at' 

, {317) 233-5697 or (800) 451-602_7 

{ext. 3-5697)(in Indiana), or _ 

shem@.idem.io.gmt. 

Industrial Solvent Cleaning Op--_ · 

erations (LSAit11-401). The pur-'/ ! 

pose of this hearing is to receive ' 

public comment on amendments. toj 

326 lAC 8-17, concerning industriar 

solvent cleaning operations in Lake 

County and Porter County that are 

proposed for preliminary adoplion · i 

by the board. The draft rule would ·1 

exempt coatings, ink, adhesive, and ; ' 

resin manufacturing operations from :/ 

existing requirements and adopt al~ 

1 

ternative solvent cleaning operation 

requirements similar to other Midwest states. The draft rule would. 

also add a solvent-borne fluoropolymer coatings exemption and amensi 

the Umit for the "ultraviolet ink and 

electron beam ink application equip-----

ment, except screen printing" cate- · 

gory to be consistent with rec~~t, 

amendments in another states 

rules. 
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BEFORE THE STATE OF INDIANA 

AIR POLLUTION CONTROL BOARD 

PUBLIC MEETING OF FEBRUARY 1, 2012 

ORIGINAL 

PROCEEDINGS 

before the Indiana Air Pollution Control Board, 

Dr. James Miner, Chairman, taken before me, 

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

the State of Indiana, County of Shelby, at the 

Plainfield-Guilford Township Public Library, 

McMillan B Meeting Room, 1120 Stafford Road, 

Plainfield, Indiana, on Wednesday, February 1, 

2012 at 12:59 o'clock p.m. 

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

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 

1 
1 APPEARANCES: 

2 BOARD MEMBERS: 

3 James Miner, M.D., Chairman 

Thomas Anderson 

4 Randy Staley 

Gregory Kissel 

5 Chris Horn 

Jeffery L. Quyle 

6 David Benshoof 

7 

8 

9 

Pamela Fisher, Proxy, Indiana 

Economic Development Corporation 

Ronald D. Clark, Proxy, State Board of 

Health 

Cloyce Hedge, Proxy, Department of 

Natural Resources 

Brandon Seitz, Proxy, Lieutenant 

10 Governor 

11 

IDEM STAFF MEMBERS: 

12 

Thomas W. Easterly, IDEM Commissioner 

13 Keith Baugues, Asst. Commissioner 

Roger Letterman, Dep. Asst. Commissioner 

14 Scott Deloney 

Christine Pedersen 

15 Ryan Knapick 

Susan Bern 

16 Rob Elstro 

Ann Long 

17 Catherine Mitchell 

18 

PUBLIC SPEAKERS: 

19 

Jennifer Thompson 

20 

21 

22 

23 

2 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

'. i 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

29 

MR. STALEY: Yes. 

CHAIRMAN MINER: Mr. Staley votes 

yes. 

Mr. Quyle? 

MR. QUYLE: Yes. 

CHAIRMAN MINER: Mr. Quyle votes yes, 

and I vote yes. The decision is unanimous for 

approval of this emergency rule for an extension 

of the particular matter rules. 

The next item on our agenda is -- this is 

a public hearing before the Air Pollution Control 

Board of the State of Indiana regarding adoption 

of amendments to 326 IAC 1-1-3, 326 IAC 11-8, and 

326 IAC 20-95-1. This is the 2011 CFR. This is 

an update regarding Legislative Rule No. 11-472. 

I will now introduce Exhibit 4 -- thank 

you, Ms. Pedersen -- the draft rule with IDEM's 

suggested changes incorporated, into the record 

of this hearing. 

Is there someone who wishes to speak to 

this rule? 

MR. DELONEY: Ryan Knapick. 

CHAIRMAN MINER: Ryan. 
1 MR. KNAPICK: In this rulemaking, 

2 IDEM is proposing to amend the general provision 

3 at 326 IAC 1-1-3 in order to update the 

30 

4 references to the Code of Federal Regulations, or 

5 CFR, to meet the 2011 edition. This amendment 

6 updates the yearly edition of the CFR that is 

7 applicable to rules incorporated by reference 

8 throughout Title 326 of the Indiana 

9 Administrative Code, unless a different edition 

10 is specified in a given rule. 

11 The 2011 edition of the CFR is a 

12 codification of all current finalized and 

13 effective rules published in the Federal Register 

14 as of July 1st, 2011. IDEM incorporates by 

15 reference citations from Titles 29 and 40 of the 

16 CFR. 

17 The latest version of the CFR adopted by 

18 the Air Pollution Control Board is dated 

19 July 1st, 2009. Since that date, there have been 

20 revisions to a number of federal rules published 

21 in the Federal Register that need to be 

22 incorporated by reference in the state rules. 

23 By annually updating the reference to CFR, 
1 IDEM is able to incorporate by reference the 

2 latest version of the parts in the CFR already 

3 incorporated into the air rul~s, with the 

4 exception of those Federal rules most recently 

5 published in the Federal Register. 

6 IDEM is also proposing to amend 

31 

7 326 IAC 11-8, emission limitations for Commercial 

8 and Industrial Solid Waste Incineration Units. 

9 IDEM is proposing to add a Section 3 to 

10 326 IAC 11-8 titled ''References to the Code of 

11 Federal Regulations. The proposed section states 

12 that all reference to the CFR in sections 1 and 2 

13 of 326 IAC 11-8 are to the 2010 edition of the 

14 CFR. 

15 Numerous provisions in 326 IAC 11-8 

16 incorporate by reference specific portions of 

17 40 CFR 60, subpart 4(d). Because of the large 

18 number of these provisions, and in anticipation 

19 of future rulemakings, IDEM's intent in adding 

20 326 IAC 11-8-3 is to reduce the number of times 

21 the 2010 edition of the CFR has to be listed in 

22 the rule language. 

23 Further, IDEM proposes to specify the 2010 
32 

1 edition of the CFR so that any federal changes to 

2 the emission guidelines are not brought into the 

3 state rule until IDEM has had a chance to review 

4 the changes to the emission guidelines and 

5 establish a compliance date for the revised 

6 emission limits. 

7 Lastly, IDEM proposes to amend 

8 326 IAC 20-95-1, National Emission Standards for 

9 Hazardous Air Pollutants for industrial, 

10 commercial and institutional boilers and process 

11 heaters. 

12 The amendment proposes to remove an 

13 obsolete reference to the Federal Register. This 

14 will keep Indiana's rule provisions consistent 

15 with the federal rule as codified in the 

16 July 1st, 2011 edition of the CFR. 

17 IDEM has received comments objecting to 

18 the incorporation of the federal Boiler MACT and 

19 CISWI Rules in this rulemaking. IDEM's intent is 

20 not to incorporate the 2011 Federal Boiler MACT 

21 or the 2011 CISWI Rules. 

22 Based on discussion between the Office of 

23 Air Quality, IDEM's Office of Legal Counsel, and 

i 
1 the Attorney General's Office, IDEM believes the 

2 proposed rule before you does not -- or does 

3 incorporate those rules -- does not, excuse me. 

4 

5 

6 

7 

MS. LONG: Does not. 

MR. DELONEY: Does not. 

MR. KNAPICK: Does not; sorry. 

Further, it should be noted that U.S. EPA 

8 has indicated to members of the United States 

33 

9 Senate that the agency does not intend to enforce 

10 the 2011 Boiler MACT Rule at this time. IDEM 

11 will post information to its Web site detailing 

12 recent developments in the Federal Boiler MACT 

13 and CISWI rulemakings to provide additional 

14 clarity on the enforceability of these rules. 

15 IDEM intends to address the federal Boiler 

16 MACT and CISWI Rules in a future rulemaking when 

17 U.S. EPA announces new rules or effective dates 

18 on these issues. 

19 IDEM is now requesting that the Board 

20 adopt this rule as presented. 

21 Thank you. 

22 CHAIRMAN MINER: Thank you, Ryan. 

23 Is there anyone on the Board that has 
1 questions for Ryan? 

2 (No response.) 

3 

4 

5 

CHAIRMAN MINER: Thank you, Ryan. 

MR. KNAPICK: Thank you. 

CHAIRMAN MINER: Any further 

6 discussion from the Board at this point? 

7 

8 

(No response.) 

CHAIRMAN MINER: This is a public 

9 hearing, and as stated, I have cards present for 

10 someone who wishes to speak to this rule. The 

11 card that I have is Ms. Jennifer Thompson. 

12 MS. THOMPSON: Hello. My name's 

13 Jennifer Thompson. I'm with the law firm of 

14 Bingham Greenbaum Doll, and I'm here today 

15 representing the CASE Coalition. For those of 

16 you not familiar with the CASE Coalition, CASE 

34 

17 stands for Clean Air Strong Economy. Our members 

18 include major manufacturers with significant 

19 operations in Indiana. Some of our members 

20 include Alcoa, ArcelorMittal, BP, Chrysler, GM, 

21 Eli Lilly & Sabic Innovative Plastics. 

22 The rulemaking before you today was 

23 commenced after EPA published its -- the Boiler 
35 

1 MACT and the Commercial and Industrial Solid 

2 Waste Incinerator Rule, otherwise known as the 

3 CISWI Rule. You'll here me mention that. 

4 So, the rulemaking commenced after EPA 

5 published those in the Federal Register in March 

6 of 2011, and after EPA also indefinitely extended 

7 the effective date for both of these rules. Both 

8 of these rules were originally -- as originally 

9 published, were to become effective or May 20th, 

10 2011. 

11 However, since this rulemaking started and 

12 after the public comment period, the U.S. 

13 District Court for the District of Columbia 

14 vacated EPA's extension of that compliance date, 

15 or otherwise known as the stay of the compliance 

16 date. The effect of vacatur is that the stay 

17 never existed, and the rules are in effect as of 

18 May 20th, 2011. 

19 The CASE Coalition submitted comments on 

20 this rulemaking during the public comment period 

21 and is commenting today because CASE does not 

22 believe the Air Pollution Control Board should 

23 adopt federal rules that at the time of passage 
36 

1 were also noticed for reconsideration by EPA. 

2 As many of you know, EPA issued the Boiler 

3 MACT and the CISWI Rules in response to a 

4 court-ordered deadline after being denied 

5 additional time to finalized these rules. In the 

6 same Federal Register notice as they published 

7 these final rules, they published their 

8 reconsideration of both rules. EPA then issued a 

9 stay of effectiveness for both of these rules. 

10 EPA identified several issues supporting 

11 their decision to reconsider these rules and 

12 extend the effective date of both rules. 

13 Specifically, EPA stated: ''The public did not 

14 have a sufficient opportunity to comment on 

15 certain revisions EPA made to the proposed rules. 

16 These issues include revisions to the proposed 

17 subcategories and revisions to some of the 

18 proposed emission limits. 

19 ''In addition, EPA received data before 

20 finalizing both rules, but was unable to 

21 incorporate that data into the final rules, given 

22 the court deadline for issuing the rules, which 

23 the agency was unable to extend. 
I 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

''EPA also notes thousands of facilities 

across multiple, diverse industries will need to 

begin to make major compliance investments soon, 

in light of the pressing compliance deadlines. 

These investments may not be reversible if the 

standards are in fact revised following 

reconsideration and full evaluation of all 

relevant data.• And that's from the 76 Federal 

Register at 28663, the quote. 

37 

EPA has requested and has gathered 

additional data and information regarding both of 

these rules since their publication in March 

of 2011. More recently, in December -- on 

December 23rd, 2011, EPA proposed the revisions 

after their reconsideration. After gathering 

this information, they proposed revisions to both 

of these rules. 

The comment period is sill open on these 

revisions. The comment period ends February 21st 

of 2012. EPA has been clear since the passage of 

both the Boiler MACT and CISWI Rules that 

additional public comment and changes were 

necessary to both of those rules. 
38 

1 Therefore, adopting the version of these 

2 rules issued on March 21st, 2011 would be 

3 nonsensical and problematic given that changes 

4 are forthcoming, changes which include changes to 

5 the compliance dates for these rules. 

6 CASE now understands that IDEM does not 

7 believe that these two rules published in the 

8 March 21st, 2011 Federal Register are part of the 

9 2011 CFR that it is seeking to incorporate by 

10 reference through this rulemaking. However, both 

11 the pre-existing rules and the March 21st, 2011 

12 amendments to both the Boiler MACT and CISWI 

13 Rules are printed in the 2011 CFR. 

14 The 2011 Boiler MACT amendments are 

15 printed all together following the rule that 

16 pre-existed them, and the 2011 CISWI amendments 

17 are actually printed with the corresponding 

18 section of each rule that was amended in the 

19 previous rulemaking. 

20 And although IDEM states that it does not 

21 believe the 2011 CFR includes these rules, it has 

22 taken what appears to be an inconsistent 

23 interpretation in carving out the incorporation 
39 

1 of the 2011 CFR in 326 IAC 11-8-3, the emission 

2 limits for the existing CISWI units. If the 2011 

3 CFR does not include the March 21st, 2011 CISWI 

4 Rules, then why has IDEM specifically carved out 

5 that -- the incorporation of the 2011 CFR in 

6 Rule 11? 

7 Given the court's vacatur of the extension 

8 of compliance for both rules in this case, the 

9 fact that both rules are actually printed in the 

10 CFR, and IDEM's amendments to carve out -- and 

11 IDEM has proposed amendments to carve out the 

12 incorporation of the 2011 CRF in Rule 11, we are 

13 uneasy with IDEM's interpretation that the Boiler 

14 MACT and the CISWI Rules are not included in the 

15 2011 CFR. 

16 It is clear from EPA Administrator 

17 Jackson's January 18th, 2000 -- 2012 letter, 

18 which I believe you have in front of you, her 

19 letter to the Honorable Ron Wyden that EPA has 

20 acknowledged that both of these rules are now in 

21 effect. 

22 The purpose of this letter was to explain 

23 to the Senator that they are going to use their 
40 

1 enforcement discretion and issue no action 

2 assurance letters to sources that have missed the 

3 compliance notification deadlines that have 

4 already passed for these rules. 

5 The letter before you goes on to explain 

6 that in the proposed rules that are currently on 

7 public notice, EPA will reset the compliance 

8 clock once those rules are finalized to catch up, 

9 because, as I explained, that rules were supposed 

10 to go into effect in May of 2011. EPA stayed 

11 them under an authority that the court has said 

12 they didn't have. 

13 So, now EPA is explaining in this letter 

14 that "We're going to -- when we finalize the 

15 rules that are on public notice right now, we 

16 will give sources a chance to catch up and extend 

17 

18 

all of those deadlines.• But those rules are not 

effective yet. Those rules have not been 

19 finalized yet, but that's their intent, and in 

20 the meantime they're going to practice 

21 enforcement discretion. 

22 The letter also mentions that there is 

23 another component to this, that environmentalists 
1 or third parties could seek to enforce some of 

2 these notification deadlines, but the 

41 

3 Administrator says that if that does happen, that 

4 they will try to act expeditiously and possibly 

5 issue another stay. So, I believe the letter 

6 acknowledges that both of the rules are in 

7 effect, and it's EPA's response to the Senator's 

8 request about the lifting of the stay. 

9 The proposed rule before you states, 

10 ''Unless otherwise indicated, any reference to a 

11 provision of the Code of Federal Regulations 

12 (CFR) shall mean the July 1[st], 2011 edition.• 

13 Because this proposed incorporation of the 

14 2011 CFR could be interpreted to include the 2011 

15 Boiler MACT and 2011 CISWI Rules, the CASE 

16 Coalition is requesting that the proposed rule be 

17 amended to specify that it is not incorporating 

18 the 2011 Boiler MACT and the CISWI Rules, and 

19 this is consistent with what IDEM's intent 

20 appears to be, as not to incorporate these two 

21 rules. 

22 Thank you. Any questions? I know it's a 

23 little confusing. 
1 CHAIRMAN MINER: Jennifer, do you 

2 happen to have a copy of your report for the 

3 Board members, or --

4 MS. THOMPSON: Unfortunately I was 

5 working -- I was trying to work with IDEM up 

6 until the last minute, so I actually was writing 

7 it today. 

8 

9 

CHAIRMAN MINER: Okay. 

MS. THOMPSON: I certainly can make 

10 my revisions available. 

42 

11 CHAIRMAN MINER: That would be great. 

12 If it could be included in the record, that would 

13 be great. 

MS. THOMPSON: Yes. 

CHAIRMAN MINER: Thank you. 

Any questions for Ms. Thompson? 

(No response.) 

14 

15 

16 

17 

18 CHAIRMAN MINER: Thank you very much. 

19 Is there anyone else present today who 

20 wishes to speak to this rule? 

MS. LONG: I do. 

CHAIRMAN MINER: Please. 

21 

22 

23 MS. LONG: My name is Ann Long. I'm 
< ( 

43 

1 with the Office of Legal Counsel at IDEM. 

2 And yeah, the world has gone on since we 

3 did the original rulemaking and started the first 

4 notice, but we have no question-- we'd have no 

5 disagreement that the Boiler MACT Rule is 

6 currently in effect, and I'm going to focus on 

7 that right now, to make this a little less 

8 confusing. 

9 The Boiler MACT Rule was put into 

10 effect -- back into effect -- by a court order, 

11 but what we're doing in this rulemaking is 

12 incorporating a specific document that existed as 

13 of July 1st; 2011. It's an actual legal edition 

14 of the Code of Federal Regulations dated on that 

15 date, and it's right here. 

16 I have a book, too. I'd show you, but we 

17 buy the CD now because it's a lot less expensive, 

18 and this is something -- the CD will be filed 

19 with the promulgation packet that's approved by 

20 the Attorney General's Office, and it'll be filed 

21 with a state agency, a permanent file, as a 

22 record of rulemaking; okay? 

23 Whatever has happened since July 1st, 
44 

1 2011, it doesn't go back and change what's on 

2 this and what's in the book, and what the 

3 publishers of the CFR did was that they put a 

4 note before the actual rule language, and they 

5 said, ''We have a rule that was revised by EPA and 

6 issued in 2011, the Boiler MACT. It was 

7 subsequently stayed, and so that May 20th 

8 revision is not effective. We don't know when it 

9 will be effective.'' 

10 They go on to say the text of the revised 

11 subpart, which is S(d), follows, and it shows the 

12 text currently in effect, and I can -- I can send 

13 this around. But anyhow, what it's saying is the 

14 rule that is currently in effect, the rule that 

15 we are codifying as part of this 40 CFR, July 

16 201l edition, is a Boiler MACT Rule that was 

17 actually issued in 2005, amended in 2006, and as 

18 a matter of fact vacated in 2007. But it's the 

19 rule that's sitting there in the CFR right now as 

20 of the currently effective rule. 

21 Jennifer is absolutely correct that the 

22 publishers of the CFR also included the 2011 

23 Boiler MACT Rule with an effective date note that 
1 said, "For the convenience of the user, the 

2 revised rule that was stayed on May 20th is set 

3 forth''; okay? And so, what IDEM is doing is 

4 adopting the July 1st, 2011 edition of this 

5 document, which codifies the rule that was 

6 current -- the Boiler MACT Rule that was current 

7 on July 1st, and that is what I'll call the old 

8 Boiler MACT Rule. That's what we're doing. 

9 We have said all along in this rulemaking 

10 that we are not intending to adopt the 2011 

11 Boiler MACT Rule. It was not included in the 

45 

12 list of rules listed in our first notice from the 

13 CFR to be adopted, and we've been very clear 

14 about that from the beginning. 

15 Now, there is a difference in approach 

16 between how IDEM dealt with the CISWI Rule that 

17 has to do with incinerators and how IDEM dealt 

18 with the Boiler MACT Rule, and part of this is 

19 way back when, when we were dealing with the 

20 current situation when we started the rulemaking. 

21 So, I'm going to ask Susan Bern, who did a 

22 lot of work on the CISWI Rule, to talk about that 

23 inception of why CISWI was dealt with in a 
46 

1 different way, and actually there was a carve out 

2 to specify the 2010 edition of the CFR. 

3 CHAIRMAN MINER: Thank you, Ms. Long. 

4 MS. BEM: Okay. In regards to the 

5 CISWI rulemaking, we had carved out the 2010 

6 edition -- or had proposed to do that at a time 

7 when this rulemaking had started, early in 2011, 

8 before we even got into the discussion of what 

9 the 2011 CFR edition includes or does not 

10 include, because for the CISWI rulemaking in 

11 11-8, these apply to existing sources, where we 

12 have done many of these rulemakings in the past. 

13 There are a whole bunch of different 

14 incinerator categories in Section 129 of the 

15 Clean Air Act. We recently just did updates to 

16 the Medical Waste Incinerator Rule. And these 

17 categories of sources and how they're regulated 

18 under the Clean Air Act is that they -- EPA 

19 issues emission guidelines that apply to the 

20 state, and then the state develops a rule so that 

21 they apply to the sources. The emission 

22 guidelines don't directly apply to the sources. 

23 So, we do these rulemakings, which we --
1 are essentially a state plan, and then we submit 

2 them to EPA for approval. And we already have a 

3 CISWI Rule on our books in 11-8 that we use the 

4 emission limits that EPA tells us to put in the 

47 

5 rule, and then we establish a compliance date for 

6 those emission limits. 

7 And once EPA amended the CISWI emission 

8 guidelines in March of last year, we did want 

9 some of those monitoring requirements to directly 

10 apply to sources until we had a chance to do a 

11 separate rulemaking, so at that time we had 

12 proposed the 11-8 amendments. 

13 And, you know, technically, now that we 

14 have this other issue, they aren't necessarily 

15 needed, but we -- since we proposed them early on 

16 in the rulemaking and they do help us move 

17 forward with doing a separate rulemaking for 

18 CISWI when we're ready to do that, we're 

19 proposing to keep those in the rulemaking at this 

20 time. 

21 Is there anything else you wanted me to 

22 say on that? 

23 MS. LONG: Are there any questions? 
1 CHAIRMAN MINER: Any Board member 

2 have questions? 

3 

4 

5 

Yes, Ms. Fisher. 

MS. LONG: 

MS. FISHER: 

Yes. 

I do have a question. 

6 Is there a possibility that businesses will be 

7 required to make an investment to meet the rule 

8 that we're reviewing today, that those 

9 investments would not be necessary under changes 

10 that are going to happen on the federal level? 

MS. LONG: No, no. 

48 

11 

12 

13 

MR. DELONEY: Ann, I might elaborate, 

too, just a lit bit for Pam on that. That's -- a 

14 key point is, is that we don't feel that we're 

15 making this rule effective in Indiana, but the 

16 going back to a point that Ryan had shared is, is 

17 that we do understand and agree with Ms. Thompson 

18 that sources across the state could be confused 

19 by what does and doesn't apply. 

20 So, we are going to be establishing a Web 

21 page that provides clarity with regard to not 

22 just the CFR rulemaking, what is it does and 

23 doesn't, you know, cover or address from the 
1 regulatory perspective, but also the history of 

2 the Boiler MACT, because, quite frankly, that is 

3 very confusing, because it has gone through 

4 multiple iterations, and where it stands today 

49 

5 and whether or not it's applicable at the federal 

6 

7 

level leads to a lot of confusion. So, we want 

to provide that clarity. It would include a 

8 question and answer, but especially provide 

9 clarification with regard to applicability. 

10 

11 

CHAIRMAN MINER: 

MS. THOMPSON: 

Ms. Thompson? 

I was going to say a 

12 court could disagree with IDEM's interpretation 

13 on the-- what's incorporated into the 2011 CFR. 

14 So, yes, if the court were to disagree with that, 

15 then sources would be-- and·I think that's where 

16 

17 

Ann and I are. Ann and I have talked a lot about 

this. We have differences of opinions, but 

18 really we're just -- we can both point to things, 

19 but until the court tells you you're right, 

20 you're not going to know, because a court can 

21 always disagree with you. 

22 MS. LONG: And I've got to say that's 

23 true of so many things in life. 
1 

2 

MS. THOMPSON: Right. 

MS. LONG: So, we have to double 

3 assure ourselves at IDEM that we're actually 

4 meaning the words that we're putting in these 

5 rules, and that's why we went back and looked 

6 specifically at the CFR and looked to see if 

7 there was any kind of wiggle room in there for 

8 misinterpretation, because the whole subsequent 

9 history of what has happened, the court vacatur 

10 is just beyond the scope of what that document 

11 says as of July 1st, 2011, and nothing that's 

50 

12 happened since then will ever change that edition 

13 of the document. 

14 Now, frankly, why we do it that way, 

15 because we know exactly then what we're 

16 incorporating, so --

17 

18 

CHAIRMAN MINER: 

MR. BENSHOOF: 

Yes, David. 

What's the alternative 

19 or the consequence if we don't adopt this today? 

20 MS. LONG: Well, if you don't adopt 

21 it, there's going to be a lot of federal 

22 regulations that should be put into state rules 

23 because they're the most current regulations, and 
51 

1 if you don't adopt it, there's going to be a 

2 continuing kind of disconnect between the federal 

3 rules and the state rules, and I would think that 

4 would be some burden to industry to have that 

5 variance in time. And so, that's why we wanted 

6 to move ahead with the rulemaking. 

7 

8 

9 

MR. QUYLE: Mr. Chairman? 

CHAIRMAN MINER: Yes, Jeff. 

MR. QUYLE: Could we excise that 

10 section that's in question, the language that was 

11 not Boiler MACT language that was not in place at 

12 the time? 

13 

14 

15 

16 

MS. LONG: Well, okay. The Boiler 

MACT isn't specifically mentioned; okay? You 

have 

update. 

and so, we're just adopting a July 2011 

Yes, if the Board wanted to -- okay. 

17 What could happen is that the most convenient 

18 place for it would actually be in the Boiler MACT 

19 rule itself, because it happens to be in the 

20 update; okay? And if the Board feels that that 

21 needs clarification, then that's an amendment. 

22 MR. QUYLE: And administratively, 

23 what are the -- what is the process of 
52 

1 contemplating -- of choosing to make an amendment 

2 like that? 

3 MS. LONG: We used not to be able 

4 to -- and when I say ''we, • I mean IDEM -- we used 

5 not to be able to propose amendments and the 

6 Board used not to be able to make amendments to 

7 these Section 8 rulemakings. Lucky for all of 

8 us, that statute has changed. 

9 And so, yeah, this is -- particularly with 

10 the Boiler MACT, this is an item that Jennifer's 

11 brought up and we've been discussing back and 

12 forth, it appears in the record, and so I would 

13 think it would be a very logical outgrowth of the 

14 rulemaking should the Board choose to do that 

15 amendment. 

16 But I'm just making the suggestion that 

17 instead of putting it in the part of the 

18 Rule 1-1-3 that has that general update, since 

19 you happen to have the 20-95-1, the actual Boiler 

20 MACT incorporation, that would be the place to do 

21 an amendment. 

22 CHAIRMAN MINER: There's no long-term 

23 ramification of essentially leaving those 
53 

1 portions of the provision out? There's nothing 

2 aside from those issues at play? 

MS. LONG: Scott, do you have any 

comment on that? I mean I you know --

MS. THOMPSON: Ann, can you repeat 

the question? I can't hear back here. 

3 

4 

5 

6 

7 

8 

CHAIRMAN MINER: Oh, I'm sorry. I'll 

speak up. Surgically removing that portion of 

9 the rule, the regulation, does it have any other 

10 ramifications, like what Jeff was referring to, 

11 aside from the fact that it is an outgrowth and 

12 we have the right to do it? Is there a chance 

13 that there are some tied-in stipulations that are 

14 important for reference in other portions of the 

15 Clean Air Act that we're trying to keep up to 

16 date? 

17 MR. DELONEY: For the Boiler MACT, I 

18 think that the key thing is, is that whatever 

19 ends up being implemented at the federal level 

20 isn't in our rule currently anyway. 

21 

22 

MS. LONG: Right. 

MR. DELONEY: So, what is going to 

23 apply and what will be implemented hasn't been 
1 published yet for us to incorporate. 

2 

3 

CHAIRMAN MINER: Okay. 

MR. DELONEY: So, no, there would be 

4 no long-term ramifications whether it's there or 

5 not. 

6 

7 

CHAIRMAN MINER: Okay. Okay. 

MR. QUYLE: Ms. Thompson, does that 

54 

8 satisfy the members of your Coalition to see that 

9 language --

10 

11 

MS. THOMPSON: Oh, we'd be thrilled 

to have a carve-out of the Boiler MACT. I don't 

12 even know -- Ann and I really didn't talk about 

13 this specifically, but you could even just cross 

14 out all of the language in the specific reference 

15 to the Boiler MACT in the state rule and just put 

16 ''reserved," and you wouldn't even have to get 

17 into the issue of the old Boiler MACT. 

18 MS. LONG: Uh-huh. 

19 MS. THOMPSON: You could wait for it, 

20 reserve it for the new Boiler MACT, and there 

21 wouldn't be a reference to any CFR reference. 

22 MS. LONG: Let me make a 

23 counteroffer. 
. I 

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MS. THOMPSON: Sure. We hadn't 

talked about this, so I'm just trying to make it 

easier. 

MS. LONG: If the Board is inter --

and I appreciate that, Jennifer, and we've all 

given this some thought. If the Board is 

55 

interested in pursuing that, IDEM would suggest 

that the effect of this would be to excise 

language, I guess, but I think we have some 

proposed language that we could give to the Board 

that would cover this without just totally 

scooping the Boiler MACT out of the rulemaking, 

because we'd really rather not do that, and it's 

very clear that what we have now, it's a place 

holder, and we'd rather, just for rulemaking 

reasons, have that place holder still remain; 

okay? And again, we're doing a Web site, so 

that's something that can be covered. 

CHAIRMAN MINER: It sounds 

MS. THOMPSON: I want to make sure 

they understand that, because this is really 

confusing, that that rule that's in there now 

isn't vacated. 
1 

2 

CHAIRMAN MINER: 

MS. THOMPSON: 

56 

Right. 

So, it really is just 

3 there, and it doesn't have much meaning. 

4 CHAIRMAN MINER: It has nothing to 

5 apply to as of yet, because the rule -- it has 

6 nothing to apply to as of yet, because the rule 

7 has yet to be --

8 MS. THOMPSON: Well, there was a 2004 

9 Boiler MACT, but the court vacated the whole 

10 thing --

11 

12 

13 

14 

15 

16 

CHAIRMAN MINER: Right. 

MS. LONG: Right. 

MS. THOMPSON: so it's all gone. 

MS. LONG: And that's what's still 

published the CFR. 

CHAIRMAN MINER: What you're 

17 describing, though, it sounds extremely kind of 

18 surgical in its removal of language within the 

19 bill. Is that something that you have to bring 

20 back to us? 

21 MS. LONG: Oh, I don't think so. 

22 Actually we suggest adding something rather than 

23 removing something. 
. I 

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MS. PEDERSEN: I could read it into 

the minutes 

MS. LONG: Yeah. 

MS. PEDERSEN: 

right now if we needed it. 

of the meeting 

CHAIRMAN MINER: All right. Very 

good. 

MS. LONG: Any other questions? 

MS. THOMPSON: Now, I'd like to add 

that it's really the same issue for the CISWI 

Rule. There's no NSPS for the CISWI Rule. It's 

in the same position, and when you ask if one 

area -- I can't say for certain thae when you 

asked the question if one area of the Clean Air 

Act may be impacted by carving one out. 

57 

These two rules were written together, 

because the facilities that are regulated by both 

of these usually fall within one or the other, 

and sometimes can pick between one or the other. 

So, I do think that this is -- you know, our 

argument is about both of these rules, not just 

one of these rules, the Boiler MACT and the CISWI 

Rule. 
1 MS. LONG: Okay. Let me go back. 

2 MS. THOMPSON: Not the emission 

3 guidelines, but the NSPS. 

MS. LONG: Right. Okay. The issue 

58 

4 

5 

6 

becomes: We have a Section 8 rulemaking that has 

limited possibilities for amendment. Now, Chris, 

7 Scott, Susan, correct me if I'm wrong, but in 

8 order to do a similar kind of carve-out for the 

9 CISWI Rule, we have to pull in -- we would have 

10 to pull in another air rule that was not even 

11 part of this rulemaking, if that makes sense. We 

12 would have to pull it in without any history of 

13 that pull-in, and then do the carve-out for NSPS; 

14 okay? 

15 MS. THOMPSON: Unless you carved it 

16 out in the generic rule, like they were 

17 suggesting. 

18 

19 

CHAIRMAN MINER: Yes, Jeff. 

MS. LONG: When the generic when 

20 you say ''the generic rule," you're talking about 

21 the reference to the July 1st? 

22 

23 

MS. THOMPSON: Yeah, 1 --

MS. LONG: Okay. The 1-1-3? 
59 

1 MR. QUYLE: Ann, could I --

2 Mr. Chairman, would it be appropriate to suggest, 

3 and would the Department agree, to perhaps 

4 tabling this, letting you all get it worked out 

5 and bringing us something written at the next 

6 meeting? 

7 MS. LONG: Well, let me just -- okay. 

8 Normally that's a great idea, but we have the 

9 language, if you all want -- if you all are 

10 concerned with the Boiler MACT issue, we have the 

11 language right here to do that amendment. 

12 MR. BENSHOOF: And that's the 

13 amendment to carve out this piece that you're 

14 referring to? 

15 

16 

17 

18 MACT. 

19 

20 

MS. LONG: Yes --

CHAIRMAN MINER: The Boiler MACT. 

MS. LONG: -- in terms of the Boiler 

MR. BENSHOOF: Yeah, the Boiler MACT. 

MS. LONG: We already have language 

21 to propose to you, which Chris can read you. 

22 

23 

CHAIRMAN MINER: 

COMM. EASTERLY: 

Commissioner? 

I have a question. 
1 I shouldn't ask, probably, but I thought the 

2 legislature passed a law that said if we do a 

3 Section 8 rulemaking because of the federal 

4 requirement 

5 

6 

MS. LONG: Uh-huh. 

COMM. EASTERLY: and the federal 

7 requirement's later invalidated by a court or 

8 anything else, then that part of the rulemaking, 

9 it disappears on its own. 

10 

11 

MS. LONG: That is correct. 

COMM. EASTERLY: So, the statute's 

60 

12 clear. 

13 MS. LONG: And what we have here is a 

14 situation 

15 

16 

COMM. EASTERLY: It fixes this. 

MS. LONG: Yeah, that's the double 

17 safeguard in this situation, and that's why we 

18 originally said we are fine proceeding with the 

19 July 1st, 2011. Even if people do not actually 

20 read the notes, the applicability notes, they're 

21 looking at two rules. 

22 We still have the fallback in Section 8 of 

23 saying if the Board adopts a rule and part of the 
1 

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; i. 

13 

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61 

rule is later propose -- or later found by a 

judicial, an administrative, or a legislative 

finding to be null or any one of other reasons, 

then that becomes an ineffective part of the rule 

and the Commissioner can't enforce it. 

So, I guess we go back to the original 

concept and say there's just -- even if someone 

reads this rule and they have a boiler, let's 

think about what they have before them. EPA's 

pledged to the U.S. Senator that they're going to 

send a letter out saying "We're not going to 

enforce this, okay, this existing rule. 

other things down the pipeline.'' 

We have 

They're going to have that letter in their 

hand, and they're also going to have, whether 

they know it or not, the effect of that amended 

Section 8 that says, "Yeah, if the Board passes a 

rule that is later found to be null or any one of 

a thousand reasons that it's nonlegal, then it is 

taken out of the general rulemaking, '' so to 

speak. 

And what we have that's kind of 

interesting legally -- I could just go on, but 
62 

1 what we have here is the situation where if you 

2 all pass the rule today, the update as it is, and 

3 EPA goes ahead and sends out this letter of -- I 

4 forget what it's called, the letter of no 

5 enforcement of this rule announcement, to me, 

6 that's the kind of administrative action that our 

7 Section 8 statute is speaking to. And so, again, 

8 there's kind of a safety net on any possibility 

9 that the state would enforce the Boiler MACT 

10 Rule. 

11 So -- but going back to the question about 

12 the CISWI Rule, what I'm trying to say is right 

13 now we've got we're looking at amending 1-1-3, 

14 we're looking at amending 20-95-1, all in the 

15 state rules, and then we're going to also 

16 amend -- is it 8-11. 

17 MR. KNAPICK: 11-8. 

18 MS. LONG: 11-8. So, that's what 

19 we've got on the plate, and so if we start 

20 talking about doing an amendment to something 

21 that is in Rule 12, we're really going to be 

22 bringing something new into this rulemaking, 

23 where the Attorney General's Office is going to 
63 

I . 

I 

1 say, ''You never -- that's not part of the notice. 

2 That's not part the issue.• And so, this whole 

3 rulemaking could just be sent back and we'd have 

4 to redo it again. That's my concern. 

5 MS. THOMPSON: Ann, is that only if 

6 you specify in Rule 12 that the 2011 CFR doesn't 

7 apply to the CISWI? Would that also apply if 

8 they were to carve it out of that first rule, 

9 1-1-3? And I would also say that your notice of 

10 this --one of our-- CASE's comments during the 

11 public notice period was that the public notice 

12 was very confusing regarding the carve-out of the 

13 emission guidelines for the CISWI Rule. 

14 And I -- you could probably go back and 

15 read it. In several places it says you are 

16 carving out the rules that were published on 

17 March 21st, the CISWI Rule. You didn't specify 

18 the emission guidelines. So, I think if you went 

19 back and looked through it, there may be some 

20 unintended confusion that might even help us 

21 today. That was one of our comments, that we 

22 were having a hard time figuring out what you 

23 were 
1 

2 

MS. LONG: Uh-huh. 

MS. THOMPSON: -- what you were 

3 trying to carve out and what you weren't. 

4 

5 

MS. LONG: Okay. 

MS. THOMPSON: And I would also tell 

6 you, I would disagree that a letter to a Senator 

64 

7 from the Administrator of EPA might it may not 

8 be considered an agency action under that 

9 

10 

statute. I think agency action -- a letter to a 

Senator may not apply. It's kind of like just an 

11 enforcement discretion, "We have the authority to 

12 go after you, but we're not going to.'' And it 

13 does nothing against third parties or 

14 environmentalists from going after facilities for 

15 noncompliance. 

16 MS. LONG: Well, you need to go back 

17 to the letter and see the commitment that EPA 

18 made to deal with third parties and environmental 

19 

20 

issues. I mean I've frankly never seen anything 

as kind of bald-faced as, "Okay. We're going to 

21 deal with all of these issues.'' 

22 Now, let me go back. If there is -- and I 

23 feel insecure about this, because I'd hate for 
65 

1 the Board to adopt language that we haven't kind 

2 of gamed out, and I really also hate to push the 

3 Attorney General's Office on doing two amendments 

4 in this rulemaking. I can say that because I 

5 know this is the first time any board has acted 

6 under this revised statute that would allow a 

7 board to make any amendment at all. 

8 So, my feeling conservatively is there are 

9 other reasons, and I hope we've explained those, 

10 between Susan and I, that the CISWI Rule is not a 

11 problem. There's a lot of reasons for that. As 

12 my suggestion would be, if you're going to do an 

13 amendment, do an amendment to 20-95-1 that's 

14 already in the rulemaking. 

15 And again, that's -- that's because I 

16 don't want to have to bring this back again and 

17 delay the effective date of a lot of other rules 

18 that are in the rulemaking, delay them being put 

19 into state rules. 

20 MS. THOMPSON: Ann, if it was never 

21 IDEM's intent to incorporate the CISWI or the 

22 Boiler MACT, how is that not a logical outgrowth? 

23 MS. LONG: I guess -- you know what? 
1 I'm speaking intuitively here. I really think 

2 the Attorney General's Office is going to have a 

3 problem with dealing with two amendments, one of 

4 which is not -- it's kind of stuck in a general 

5 application place of the rule, and it's not put 

66 

6 in where it should be, which would be in Rule 12. 

7 MS. THOMPSON: But Rule 12, unlike 

8 Rule 20, doesn't itemize each NSPS, so 

9 

10 

11 

MS. LONG: That's correct. 

MS. THOMPSON: it would almost be 

the same thing. I mean it's-- you're going to 

12 have to carve it out -- almost the same language 

13 you would use in 1-1-3. It's not like you're 

14 going to have your own section dealing with the 

15 CISWI Rule. This -- for the Board members, the 

16 Rule 12, unlike Rule 20, which has a specific 

17 rule for each NESHAP, Rule 12 for NSPS just 

18 adopts all of Part 60 all together. It does not 

19 itemize each one in a rule. 

20 MS. LONG: Do you all have any 

21 feeling about this? Any preference? Any 

22 proposal? 

23 MS. THOMPSON: How long would it take 
I 

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if you took it back? I don't know -- I know 

that's not your preference, but if you took it 

back to do 

MS. LONG: Well, the next Board 

meeting isn't until April 

MS. THOMPSON: I didn't know. 

MS. LONG: but all of this will 

67 

probably change anyhow, so what we were trying to 

do is to get this rule in and adopted. We still 

do not think that there is a problem or that 

anybody could successfully create a problem over 

what's contained in the July 2011 update; okay? 

I mean 

MR. BENSHOOF: But then that's their 

say to -- again, the courts, and now you've put 

some very large entities that are targets --

MS. LONG: Uh-huh. 

MR. BENSHOOF: for lawsuits, 

because they're deep pockets, in a very, you 

know, nonfavorable position, even if there is no 

possible enforcement by the state or nor the 

state wants to take that, that doesn't stop 

anybody else that wants to --
1 

2 

COMM. EASTERLY: But citizens can't 

enforce our rules. They can only enforce the 

3 federal rules. 

4 MS. LONG: If citizens -- yeah, it 

5 really gets down to anybody can file anything in 

6 court. You know, I concede that. But the 

7 possibility of pulling out a rulemaking that 

68 

8 is -- the vacatur of this stay is on appeal right 

9 now, and there's serious questions as to whether 

10 the court can make this rule retroactively 

11 effective; okay? 

12 EPA has always said the rule is effective 

13 as of January 9th, so that takes it way out of 

14 the July 1st, 2011 update edition territory; 

15 okay? And I do not feel -- and all of these 

16 people in the room have very carefully considered 

17 the possible effect of keeping this language as 

18 is, and that's their jobs to consider that, as 

19 well as mine. 

20 And the idea that the citizens are going 

21 to file a suit, which we have time to respond to 

22 anyhow on the state level and could very easily 

23 issue a letter that says, "The Federal Government 
1 

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13 

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69 

isn't going to enforce this. You know, why would 

we enforce something that we don't even think is 

in our rules?" That is such an uphill battle 

that --

CHAIRMAN MINER: Let me just ask one 

of you a question: The last update we took was 

in 2009, the 2009 CFR. 

annual basis, but what 

I know we do it on an 

where is the harm in 

waiting for you to work through this language, 

see if you can cut it out by two months, which 

is -- or in April, which is three months, I 

guess but is there harm on the part of the 

Department at this point in waiting those two 

months? 

COMM. EASTERLY: I don't have all of 

these memorized. There's things in here that we 

otherwise need to apply; right? 

MR. DELONEY: There are things 

that -- there are some entities out there that 

would benefit from being incorporated. I think 

that one of the key considerations here is, is 

that, you know, this is something that we've been 

dealing with since November. These issues have 
1 been -- now, the stay being lifted is a new --

2 recently new development. 

3 But I think that where we're at today 

4 versus where we'll be in April really isn't that 

5 different. The only question that could be 

6 answered is with regard to what we can and can't 

7 do concerning CISWI. I think that's the only 

8 thing that we could seek further 

9 

10 

11 

MS. LONG: Uh-huh. 

MR. DELONEY: -- information on, but 

that really is the limitation. And if the Board 

12 feels that, you know, it's worth taking the time 

13 to see whether there are additional options 

14 there, we can do that. But as far as the Boiler 

70 

15 MACT is concerned, the two options, you know, are 

16 both you know, it can be handled either way 

17 today. 

18 COMM. EASTERLY: But the practical 

19 impact is there is a number of -- like there's a 

20 NESHAP here for controlling refineries that was 

21 modified. We can't enforce the modification 

22 because we don't have a rule, so we have to give 

23 that to EPA. So, those sources have to deal with 
( 

1 

2 

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5 

6 

7 

8 

9 

10 

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13 

14 

15 

16 

17 

18 

19 

20 

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71 

EPA until we get our rules to matching their 

rulings. There's maybe five or six of those, 

just balancing the risks. We didn't think there 

was --we really don't think there's a risk on 

this, so--

CHAIRMAN MINER: Is there anyone else 

present who wishes to speak to this rule at this 

time? 

(No response.) 

CHAIRMAN MINER: Thank you, Ann. 

MS. LONG: Thanks. 

CHAIRMAN MINER: This hearing is now 

concluded. We are ready for Board action on 

adoption of amendments to 326 IAC 1-1-3, 

326 IAC 11-8 and 326 IAC 20-95-1 and 201 CFR 

Update, Legislative Standard Agency Rule 

No. 11-472. 

Are there any Board questions, discussion 

at this time? 

MR. QUYLE: 

after all of that. 

I'm sufficiently confused 

CHAIRMAN MINER: Yeah, I think we all 

are well confused at this moment, and I would 
1 this is my own reflection. I think that this 

2 is -- we're trying to modify a rule with a 

3 potential of something to happen in two months 

4 that may or may not happen. 

5 And I understand the concern of the 

6 regulated community and wanting to have clear 

7 action, but I think it's been pretty clear from 

8 the part of IDEM that they don't plan to enforce 

9 the Boiler MACT or the CISWI Rules until there's 

10 clear kind of guidelines from EPA in the future. 

11 However, there are some modifications in 

12 these rules that make that a little unclear in 

72 

13 the fact that the court has vacated their stay on 

14 this that makes it a little bit hard, but I 

15 certainly want to do what the will of the Board 

16 is collectively. We have currently these 

17 adoption of these amendments presently in front 

18 of us, if someone so wishes. 

19 MR. BENSHOOF: I would like to -- I 

20 would like to move that we include the adoption 

21 the amendments -- to carve out the piece that 

22 goes specifically with the MACT -- the Boilers. 

23 CHAIRMAN MINER: The language that 
' ! 

1 

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6 

7 

8 

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23 

Chris has? 

MR. BENSHOOF: The language that --

can you read your language? Would you please 

read your language? 

MS. PEDERSEN: Okay. If you want to 

73 

go ahead and turn to the rule language that's in 

your Board packet, the actual draft rule language 

is just two pages, and the revisions themselves 

would be in the very last section, 

326 IAC 20-95-1. 

rule. 

MR. BENSHOOF: What page is that on? 

COMM. EASTERLY: Two. 

MR. BENSHOOF: Two? 

MS. PEDERSEN: It's in the draft 

MR. BENSHOOF: 

MS. PEDERSEN: 

Okay. 

Okay. Under 

Section 1. (a), that would be changed to read, 

''This rule applies to sources as pro~ided in the 

July 1, 2010 edition of 40 CFR 63.7485." 

And then in subsection (b), it would read, 

''The Air Pollution Control Board incorporates by 

reference the July 1st, 2010 edition of 
1 40 CFR 63, Subpart DDDDD" -- that's five D's --

2 and then there's some deleted language, and then 

3 •national emission standards for hazardous air 

4 pollutants for industrial, commercial, and 

5 institutional boilers and process heaters.'' 

6 And then subsection (c) would be changed 

7 to read, •owners and operators may use the 

8 emission averaging provisions as specified under 

74 

9 the July 1, 2010 edition of 40 CFR 63.7522.'' The 

10 rest of the section would remain the same. 

11 And that would take -- for the Boiler 

12 MACT, that would take this back to the 2010 

13 edition, which does not include the federal rules 

14 that were published on March 2011 or any of the 

15 subsequent actions. 

16 CHAIRMAN MINER: Very good. 

17 Are you making that amendment as a motion, 

18 David? 

19 

20 

MR. BENSHOOF: Yes. 

CHAIRMAN MINER: I have a motion now 

21 from Mr. Benshoof for amendments to the 

22 

23 

amendments. Is there a second? 

MR. STALEY: Second. 
' : 

75 

1 

2 

3 

CHAIRMAN MINER: I have a second from 

Mr. Staley. This is a vote on the amendments to 

the amendments. All those in favor, signify by 

4 saying aye. 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

MR. HORN: Aye. 

MR. KISSEL: Aye. 

MR. QUYLE: Aye. 

MR. ANDERSON: Aye. 

MR. BENSHOOF: Aye. 

MS. FISHER: Aye. 

MR. CLARK: Aye. 

MR. HEDGE: Aye. 

MR. SEITZ: Aye. 

MR. STALEY: Aye. 

CHAIRMAN MINER: Aye. 

16 Opposed? 

17 

18 

(No response. ) 

CHAIRMAN MINER: So passed. 

19 take a motion for adoption of the amended 

20 amendments. 

MR. ANDERSON: So moved. 

I would 

21 

22 CHAIRMAN MINER: I have a motion from 

23 Mr. Anderson. 
1 

2 

76 

3 

4 

Mr. Quyle. 

MR. QUYLE: (Raised hand.) 

CHAIRMAN MINER: A second from 

I will now do a roll-call vote. 

5 

6 

7 yes. 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 yes. 

18 

19 

20 

21 yes. 

Mr. Benshoof? 

MR. BENSHOOF: Aye. 

CHAIRMAN MINER: Mr. Benshoof votes 

Mr. Clark? 

MR. CLARK: Yes. 

CHAIRMAN MINER: Mr. Clark votes yes. 

Mr. Hedge? 

MR. HEDGE: Yes. 

CHAIRMAN MINER: Mr. Hedge votes yes. 

Ms. Fisher? 

MS. FISHER: Yes. 

CHAIRMAN MINER: Ms. Fisher votes 

Mr. Kissel? 

MR. KISSEL: Yes. 

CHAIRMAN MINER: Mr. Kissel votes 

22 Mr. Anderson? 

23 MR. ANDERSON: Yes. 
1 

2 yes. 

3 

4 

77 

CHAIRMAN MINER: Mr. Anderson votes 

Mr. Seitz? 

MR. SEITZ: Yes. 

5 CHAIRMAN MINER: Mr. Seitz votes yes. 

6 

7 

8 

9 

10 

11 

12 yes. 

13 

14 

15 

Mr. Horn? 

MR. HORN: Yes. 

CHAIRMAN MINER: Mr. Horn votes yes. 

Mr. Staley? 

MR. STALEY: Yes. 

CHAIRMAN MINER: Mr. Staley votes 

Mr. Quyle? 

MR. QUYLE: Yes. 

CHAIRMAN MINER: Mr. Quyle votes yes, 

16 and I vote yes. The amended amendments are 

17 passed. 

18 The next item on our agenda is a public 

19 hearing before the Air Pollution Control Board of 

20 the State of Indiana regarding final adoption of 

21 amendments, 326 IAC 6-3-1, 326 IAC 6.5 and 

22 326 IAC 6.8. This is the PM Compliance 

23 Determination Rule, LSA No. 7-438. 
92 

1 CERTIFICATE 

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

3 Court Reporter and Notary Public residing in the 

4 City of Shelbyville, Shelby County, Indiana, do 

5 hereby certify that the foregoing is a true and 

6 correct transcript of the proceedings taken by me 

7 on Wednesday, February 1, 2012 in this matter and 

8 transcribed by me. 

9 

10 

11 Lindy L. Meyer, Jr., 

12 Notary Public in and 

13 for the State of Indiana. 

14 

15 My Commission expires October 27, 2016. 

16 

17 

18 

19 

20 

21 

22 

23 
EXHIBIT 4
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'I 

EXHIBIT-4 

TITLE 326 AIR POLLUTION CONTROL BOARD 

DRAFT RULE 

LSA Document # 11-4 72 

DIGEST 

Drm#ll-472 

2011 CFR Update 

February!, 2012 

Amends 326 lAC 1-1-3,326 lAC 11-8, and 326 lAC 20-95-1 concerning updates to the Code of 

Federal Regulations (CFR). Effective 30 days after filing with the Publisher, 

HISTORY 

Section 8 Notice: September 14,2011, Indiana Register (DIN: 20110914-lR3261104FDA). 

Notice of Hearing: September, 14, 2011, Indiana Register (DIN: 20110914-IR-32611-

472PHA). 

Change in Notice of Public Hearing: October 19,2011 Indiana Register (DIN: 20110914-

IR-32611 0472PHA). 

Date of Hearing: February 1, 2012. 

326 lAC 1-1-3; 326 lAC 11-8; 326 lAC 20-95-1 

DRAFT RULE 

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

326 lAC 1-1-3 References to the Code of Federal Regulations 

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

Affected: IC 13-15; IC 13-17 

Sec. 3. Unless otherwise indicated, any reference to a provision of the Code of Federal 

Regulations (CFR) shall mean the July 1, 2009,2011 edition*. 

*This body of documents is incorporated by reference. Copies may be obtained from the 

Govermnent Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are 

available for review and copying at the Indiana Department of Environmental Management, 

Office of Air Quality, Indiana Govermnent Center North, Tenth Floor, 100 North Senate Avenue, 

Indianapolis, Indiana46204. (Air Pollution Control Board; 326 lAC 1-1-3;filedMar 10, 1988, 

1:20 p.m.: 11 IR 2369;filed Jan 6, 1989, 3:30p.m.: 12 IR 1102;jiled Dec 14, 1989, 9:35a.m.: 

13 IR 868;filedAug 9, 1991, 11:00 a.m.: 14 IR 2218;jiled May 25, 1994, 11:00 a.m.: 17 IR 

2237;jiledJul25, 1995, 5:00p.m.: 18 IR 3381;filedJul25, 1997, 4:00p.m.: 20 IR 3298;filed 

Oct 30, 2000, 2:13p.m.: 24 IR 667;jiledMay 21, 2002, 10:20 a.m.: 25 IR 3054;jiledAug 26, 

2004, 11:30 a.m.: 28 IR 17;filed Oct 14, 2005, 10:00 a.m.: 29 IR 79;jiled Mar 17, 2006, 1:00 

1 
Dnn#ll-472 

2011 CFR Update 

February I, 2012 

p.m.: 29 IR 2517; filed Apr 26, 2007, 9:38a.m.: 20070523-IR-3260604I2FRA; filed Apr I, 

2008, 9:59a.m.: 20080430-IR-326070373FRA; filed Juli, 2009, 3:I2 p.m.: 20090729-IR32608090IFRA;filed Oct I, 20IO, 3:49p.m.: 20IOI027-IR-326I00112FRA) 

SECTION 2. 326 lAC 11-8-3 IS ADDED TO READ AS FOLLOWS: 

326 lAC 11-8-3 References to the Code of Federal Regulations 

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

Affected: IC 13-15; IC 13-17 

Sec. 3. All references to the CFR in Sections 1 and 2 of this rule are to the 2010 

edition* of the CFR. 

*This document is incorporated by reference. Copies may be obtained from the 

Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are 

available for review and copying at the Indiana Department of Environmental 

Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 

North Senate Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 lAC 

11-8-3) 

SECTION 3. 326 lAC 20-95-1 IS AMENDED TO READ AS FOLLOWS: 

326 lAC 20-95-1 Applicability; incorporation by reference of federal standards 

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

Affected: IC 13-15; IC 13-17 

Sec. 1. (a) This rule applies to sources as provided in 40 CFR 63.7485*. 

(b) The air pollution control board incorporates by reference 40 CFR 63, Subpart 

DDDDD*, as amended by 70 FR 76933, December 28, 2005, national emission standards for 

hazardous air pollutants for industrial, commercial, and institutional boilers and process heaters. 

(c) Owners and operators may use the emission averaging provisions as specified under 

40 CFR63.7522*. 

(d) Under 326 lAC 3-6, source sampling procedures, a test protocol form for an emissions 

test is due thirty-five (3 5) days before the intended test date. 

*This document is incorporated by reference. Copies may be obtained from the 

Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are 

available for review and copying at the Indiana Department of Environmental Management, 

Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, 

Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 lAC 20-95-I; filed Nov I6, 

2006, 4:04p.m.: 2006I2I3-IR-326050023FRA) 

2