## IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOurEnvironment. MitchellE. Dani elsJr
. 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 M ay 14, 2012 

### Regional Administrator U.S
.EPA, Region 5 77 WestJacksonBoulevard Chicago, Illinois 60604 Re: State Implementation Plan Submittal f or Indiana Regarding 3261AC l-1-3 (LSA# 11 -472), 2011 CFR Update DearMs. Hedman: Pursuantto Section 110 ofthe Clean Air Actand Title 13 ofthe Tndiana Code, the Indiana DepartmentofEnvironmental Management (IDEM) submitsan amendmentto the Indiana state implementation plan (SIP)
. This amendmentconsists ofrevisionstolndiana's rules concerning references to the Code ofFederal Regulations (CFR) accomplished through one rulemaking. IDEM requests thatthe United States Environmental Protection Agency (U.S. EPA) approve 326lAC 1-1-3. IDEM is not requesting any action be taken on 326IAC 11-8 or 326 lAC 20-95. This submittal consists ofone (I) 

### hard copy ofthe requireddocumentation. An electronic version ofthe submittal in PDF format that is identical to the hardcopy has been sent to Chris Panos at the U.S. EPA Region V 

### office. In orderto assistwith your reviewofthisSIPsubmission, a listof supporting documents is attached. Throughoutthedevelopmentofthese amendments to Indiana's rulesconcerningreferences to the CFR, staffofthe OfficeofAir Quality worked closely withyour staffto ensure that any potential problems thatmight existwith this requested SIP revision would be resolved. I requestthat U.S
. EPA approve this modificationoflndiana's SIP. Ifyou haveanyquestions regarding this submittal, please contact Scott Deloney, AirPrograms Branch Chief , Office ofAir Qualit y at(3 17)233-5694.

KB/rk Attachments: Supporting Documents Sincerely,

# ~6a~ Keith Baugues 1 

### AssistantCommissioner Office ofAirQuality

cc: John Mooney, U.S. EPA Region 5 (noenclosures) Doug Aburano,U.S
. EPA Region 5 (no enclosures) Steve Rosenthal, U.S. EPA Region 5 (no enclosures) ScottDeloney, IDEM (no enclosures) Christine Pedersen, IDEM (no enclosures) SIPfile RecycledPaper 

## <i) An E qual Opportunity Employ er Please Recycle 

## 0

## This page intentionally left blank.

### Supporting Documents
AttachmentA: Administrative Checklist (40 CFR 51, AppendixV) AttachmentB: FinalRule. LSADocument#ll-472(F) as published in the Indiana Register on April 25,2012 (DIN: 20120425-IR-326110472FRA) Attachment C: Signature Page AttachmentD: Section 8Notice, includingtheNotice ofPublic Hearing, as published in the Indiana Register on September 14,2011 (DIN: 20110914-IR-326110472FDA) AttachmentE: Publisher'sAffidavits AttachmentF: TranscriptofPublic Hearing, includingExhibits, held on Febmary 1, 2012

## This page intentionally left blank.

# A

## This page intentionally left blank.

### ADMINISTRATIVE CHECKLIST (40 CFR51,Appendix V) 1. The submittal is accompanied by a formal letterofsubmittal from the governororhis designee. 2. Evidence thatthe State has adoptedtheplan inthe State code orbody ofregulations; orissued thepermit, order, consent agreement ("document"); in final form.

a. Date ofadoption orfinal issuance: b. Theeffective date ofthe plan, ifdifferent from the adoption/issuance date. 3. Evidence thatthe State has the necessary legal authority under state lawto adopt and implementtheplan. 

### 4. A copy ofthe actual regulation ordocument submitted for approval and incorporation byreference into the plan, includingthe following:

a. Indication ofthe changes madeto the existing approved plan, where applicable. b. The submittal shall be a copy ofthe official State regulationordocument signed, stamped, dated by the appropriate state official indicatingthat it is fully enforceablebythe State. Effective date shall be stated in the document itself. 5. Evidence thatthe State followed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completingthe adoption/issuance oftheplan. 6. Evidence thatpublic noticewas given, including date of proofofpublication. _X_Notice ofPublic Hearing and Publisher'sAffidavits 7. Certification thatpublic hearings were held in accordance with informationprovided inpublic hearing notice. _X_Transcript from PublicHearing 8. Compilation ofpublic comments and State'sresponse. _X_SecondNotice (Section 8Notice) _N/A_Proposed Rule



### N/ A Third CommentPeriod 9. Technical suppmt (ifsource specificrule change). Enclosed SignaturePage (Attachment 

### C)

Date offilingwithPublisher (March 28, 2012) 30 days afterfiling (April27, 2012) IC 13-14-8
Finalrule asprintedin IR (AttachmentB)

Signature Page (Attachment C)
Attachment E

AttachmentF

Attachment D

N/A

## This page intentionally left blank.

# B

## This page intentionally left blank.Indiana Register TITLE 326AIR 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 afterfiling with the Publisher. HISTORY Findings and Determination ofthe Commissioner Pursuantto IC 13-14-9-8: September 14, 2011, Indiana Register (DIN: 20110914-IR-326110472FDA). 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 ofthe 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 ofAirQuality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 326 lAC 1-1-3· filed Mar 10, 1988, 1:20p.m.: 11 IR 2369; filedJan 6, 1989, 3:30 p.m.: 12 IR 1102; filed Dec 14, 1989, 9:35a.m.: 13 IR 868; filedAug 9, 1991, 11:DO a.m.: 14 IR 2218; filed May 25, 1994, 11:00 a.m.: 171R 2237; filedJul25, 1995, 5:00p.m.: 181R 3381; filedJul25, 1997,4:00p.m.: 20 IR 3298; filed Oct 30, 2000, 2:13p.m.: 241R 667; filed May21, 2002, 10:20 a.m.: 251R 3054; filedAug 26, 2004, 11:30 a.m.: 281R 17; filed Oct 14, 2005, 10:00 a.m.: 291R 795; filed Mar 17, 2006, 1:00p.m.: 291R 2517; filed Apr26, 2007, 9:38a.m.: 20070523-IR-326060412FRA; filedApr 1, 2008, 9:59a.m.: 20080430-IR-326070373FRA; filedJul1, 2009, 3:12p.m.: 20090729-IR- 326080901FRA; filed Oct 1, 2010, 3:49 p.m.: 20101027-IR-326100112FRA; filed Mar28, 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* ofthe 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 ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution Control Board; 3261AC 11-8-3; filed Mar28, 2012, 12:51 p.m.: 20120425-IR-326110472FRAI Date: May 10,20124:03:03PM EDT DIN: 20120425-IR-326110472FRA Page 1Indiana 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 of40 CFR 63.7485*. (b) The air pollution control board incorporates by reference the July 1, 2010, edition of40 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 underthe July 1, 2010, edition of40 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 ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 3261AC20-95-1; filed Nov 16, 2006, 4:04p.m.: 20061213-IR-326050023FRA; filed Mar2B, 2012, 12:51 p.m.: 20120425-IR-326110472FRAI
LSA Document #11-472(F) Findings andDetermination ofthe CommissionerPursuant to IC 13-14-9-B: 20110914-IR-326110472FDA Hearing Held: February 1, 2012 ApprovedbyAttorney General: March 22, 2012 Approvedby Governor: March 2B, 2012 Filed with Publisher: March 2B, 2012, 12:51 p.m. Documents IncorporatedbyReference: 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, SubpartEa, July 1, 2010; 40 CFR 60, SubpartEb, July 1, 2010; 40 CFR 60, SubpartEc, July 1, 2010; 40 CFR 60, Subpart EEE, July 1, 2010; 40 CFR 60, SubpartLLL, 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, SubpartDDDDD (63.74B0-63.7575), July 1, 2010 SmallBusiness Regulatory Coordinator: Alison Beumer, IDEM SmallBusiness RegulatoryCoordinator, MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-1191 or(BOO) 9BB-7901, ctap@idem.in.gov SmallBusiness Assistance Program Ombudsman: Brad Baughn, IDEM SmallBusiness Assistance Program Ombudsman, MC 50-011GCN 1301, 100 North Senate Avenue, Indianapolis, IN46204-2251, (317) 234-33B6 or (BOO) 451-6027, bbaughn@idem.in.gov Posted: 04/25/2012 byLegislative Services Agency An html version ofthis document.

Date: May 10,2012 4:03:03PM EDT DIN: 20120425-IR-326110472FRA Page2

# c

## This page intentionally left blank.

# Rule Signature Page

Rule: LSA

## #ll-472(F) Agency: Air Pollution Control Board Subject: 2011 CodeofFederalRegulations (CFR) Update

# ADOPTED~ By:

## Jam~ Chairman AirPollutionControlBoard



## APPROVED: By: Mitchell

# E.DalteiS)f:/ Governor, State oflndiana



## ACCEPTED FORFILING: Date:
.

# _~___c__f,'--\,__,_.,....--- __ _

# Date:'3/~(t'Z

By: TITLE 326 AIRPOLLUTION CONTROLBOARD 

### IndianaRegister Legislative Services

## P LSADocument#ll-472(FR) 

### Filedwith

### Publisher: March28, 2012, 12:51 p.m. By:Rlw

## This page intentionally left blank.

# D



# I I I I

## This page intentionally left blank.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 #11-472 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 ofadoption ofthese 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, undercertain circumstances, it may be appropriate to reduce the number of public comment periods and public hearings usually provided for underthe IC 13-14-9 environmental rulemaking process. In cases where the commissioner determines that there is no reasonably anticipated benefitfrom a second public comment period and first public hearing to eitherthe environment or persons regulated or otherwise affected bythe 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 foradoption. Two opportunities for public comment (with this notice and atthe public hearing priorto adoption ofthe rule) remain underthis procedure. Ifthe commissioner makes the determination ofno anticipated benefit required by IC 13-14-9-8, the commissioner shall prepare written findings and publish those findings in the Indiana Register priorto 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 ifthe commissioner determines that: (1) the rule constitutes:

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

(i) is orwill be applicable to Indiana; and (ii) contains no amendments that have a substantive effect on the scope or intended application ofthe 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 ofwhich is to clarify the existing rule; and (2) the rule is ofsuch nature and scope thatthere 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 oraffected parties the opportunity to be heard under IC 13-14-9-3 or IC 13-14-9-4; and (C) affording interested oraffected 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 ofthe CFR that is applicable to federal regulations that have been incorporated by reference throughout Title 326 ofthe Indiana Administrative Code (lAC), the rules ofthe 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 latestversion ofthe CFR already incorporated into the air rules, with the exception ofthose regulations most recently published in the Federal Register. The 2011 edition ofthe CFR is a codification ofthe general and permanent regulations published in the Federal .Register as ofJuly 1, 2011. IDEM incorporates citations by reference from Titles 29 and 40 ofthe CFR in Title 326. Title 29 ofthe CFR contains federal regulations forthe asbestos and lead programs. Title 29 ofthe CFR is referenced in 326 lAC 14 (Emission Standards for Hazardous Air Pollutants) and 326 lAC 20 (Hazardous Air Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-326110472FDA Page 1Indiana Register Pollutants). Many ofthese regulations are either directly incorporated by reference into Title 326 ofthe lAC as state-enforceable rule provisions or as federal authorityforthe implementation and enforcement ofstate rule provisions. Title 40 ofthe CFR includes all federal environmental regulations promulgated by the United States Environmental Protection Agency (U.S. EPA). Title 40 is referenced throughout Title 326 ofthe lAC. The latest version ofthe 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 ofTitle 326 ofthe lAC. By updating the reference date to July 1, 2011, Title 326 ofthe lAC will be consistent with those regulations thatthe 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 ofthe 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 ofthe 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 higheremission 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 applyto affected facilities that commence construction, modification, or reconstruction afterApril 28, 2008. These amendments also establish a sulfur dioxide (S02) emission limit and a combined nitrogen oxide (NOxl and carbon monoxide (CO) emissions limitforthermal 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 applyto affected facilities that commence construction, modification, or reconstruction after May27, 2009. U.S. EPA is also modifying the definition ofthermal dryerto include both direct contact and indirect contact thermal dryers drying all coal ranks. The definition ofcoal is modified to include coal refuse. The modifications to these definitions will be used to determine whether and howthe 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 eitherare located at area sources ofhazardous air pollutant emissions orthat have a site rating of less than or equal to 500 brake horsepowerand are located at majorsources ofhazardous air pollutant emissions (40 CFR 63, Subpart ZZZZ). Additionally, U.S. EPA is promulgating NESHAPs for existing non-emergency stationary compression ignition engines greaterthan 500 brake horsepowerthat are located at majorsources ofhazardous air pollutant emissions. Lastly, U.S. EPA is revising provisions related to startup, shutdown, and malfunction (SSM) for engines thatwere 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 NESHAPsfor existing stationary spark ignition reciprocating internal combustion engines that eitherare located at area sources ofhazardous air pollutant emissions or that have a site rating of less than orequal to 500 brake horsepowerand are located at majorsources ofhazardous air pollutant emissions (40 CFR 63, Subpart ZZZZ). Citation affected: 326 lAC 20-82. Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-326110472FDA Page2Indiana 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 afterJune 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 ofSignificant 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 (PM 2 5) underthe Prevention ofSignificant Deterioration (PSD) program by adding maximum allowable increases in ambient pollutant concentrations and two screening tools, known asthe Significant Impact Levels (SILs) and a Significant Monitoring Concentration (SMC) for PM2 5.(40 CFR 51, Subpart 

### I; 40 CFR 52, SubpartA). The SILs for PM are also being added to two other New·tiource Review (NSR) rules that regulate the construction and

## mo~ilication ofany major stationary source locating in an attainment or unclassifiable area, where the source's emissions may cause or contribute to a violation ofthe 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, December21,2010 ·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 allowfor sampling of PM2 5. The amendments to Method 202 revise the sample collection and recovery procedures ofthe m·ethod to reduce the formation of reaction artifacts that could lead to inaccurate measurements ofcondensable PM. Additionally, the amendments to Method 202 eliminate most ofthe hardware and analytical options in the existing method, thereby increasing the precision ofthe 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 forthe Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants: In this rule, U.S. EPA is making amendments to the NESHAP forthe 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 textto 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 complywith 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 ofsteam generating units that elect to install PM continuous emissions monitors (GEMS). It also amends the opacity monitoring requirements for owners/operators ofaffected facilities subjectto 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 atwastewatertreatmentfacilities designed to treat domestic sewage sludge. The rule sets limits for nine pollutants under Section 129 ofthe Clean AirAct (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 ofthe December 1, 2000, NSPS and EG for commercial and industrial solid waste incineration (CISWI) units and the vacatur and remand ofseveral definitions by the District of Columbia Circuit Court ofAppeals in 2007 (40 CFR 60, Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-326110472FDA Page3Indiana Register Subpart CCCC; 40 CFR 60, Subpart DDDD). Additionally, this action includes the 5-yeartechnology review ofthe NSPS and EG required under Section 129 ofthe CAA. This rule also promulgates other amendments that U.S. EPA believes are necessaryto address air emissions from CISWI units. Due to U.S. EPA reconsideration ofthis rule (76 FR 28662), IDEM is specifying the 2010 edition ofthe CFR in 326 lAC 11-8 to preclude bringing this final rule into Article 11 ofthe 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 forAir Emission Testing: In this rule, U.S. EPA is modifying existing requirements for sources affected bythe federally administered emission trading programs, including the NOx Budget Trading Program, the Acid Rain Program, and the Clean Air Interstate Rule (40 CFR 72, SubpartA; 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 ofemissions data. U.S. EPA is also amending other sections ofthe 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 ofa particulate quality assurance option in U.S. EPA Reference Method 7E, adding two incorporation by references that were left out ofthe January 24, 2008 final rule, adding two new definitions, revising certain compliance dates, and clarifying the language and applicability ofcertain provisions. Citations affected: 326 lAC 10-4, 326 lAC 24. 76 FR 22566, April 21, 2011 -Final Rule- National Emission Standards for HazardousAir Pollutant Emissions: Group I Polymers and Resins; MarineTank Vessel Loading Operations; Pharmaceuticals Production; andthe 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 Standardsfor Group I Polymers and Resins; Marine Tank Vessel Loading Operations; Pharmaceuticals Production; and the Printing and Publishing Industry. Forthe 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 underthe 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 ofthe four NESHAPs, U.S. EPA is finalizing revisions to the regulatory provisions related to emissions during SSM periods and promulgating provisions addressing electronic submission ofemissions 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 SolidWaste 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) underthe authority oftheAdministrative Procedure Act (APA) until the proceedings forjudicial review ofthese rules are completed or U.S. EPA completes its reconsideration ofthe rules, whichever is earlier. IDEM is specifying the 2010 edition ofthe CFR in 326 lAC 11-8 to preclude bringing this final rule into Article 11 ofthe 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 thatwere brought to its attention. The revised Method 301 is more flexible, less expensive, and easierto use. Citation affected: 326 lAC 8-20-7. 76 FR 37954, June 28, 2011 -Final Rule- Standards of Performancefor 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 greaterthan 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 ofAlaska that are not accessible by the Federal Aid Highway System. The action also provides additional flexibility to owners and operators ofaffected engines, and corrects minor mistakes in the·original NSPS. The final standards will reduce NOx by an estimated 1,100 tons peryear (tpy), PM by an estimated 38 tpy, and hydrocarbons by an estimated 18tpy in the year2030. Citation affected: 326 lAC 12. IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law No element ofthe draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed underfederal law. This draft rule imposes no restrictions or requirements because it is a direct adoption offederal requirements that are applicable to Indiana and contains no amendments that Date: May 10,2012 4:04:33PM EDT DIN: 20110914-IR-326110472FDA Page 4Indiana Register have a substantive effect on the scope or application ofthe 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 11-8will have no fiscal impact because the amendments are an incorporation ofexisting federal lawand no impact beyond that already imposed bythe federal law is imposed by this rulemaking. Public Participation and Workgroup Information At this time, no workgroup is planned forthe rulemaking. Ifyou 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 ofAir 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 Coordinatorforthis rule is:

Alison Beumer IDEM Small Business Regulatory Coordinator MC 60-04 IGCS W041 100 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 ofthe CFR and the revisions to citations offederal 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 offederal requirements that are applicable to Indiana, and it contains no amendments that have a substantive effect on the scope or intended application ofthe federal rule. (2) Indiana is required by the Clean AirAct (CAA) to adopt these requiremenls as state rule. (3) The environment and persons regulated or otherwise affected bythe proposed rule will benefit from prompt adoption ofthis rule, because it alleviates unnecessary duplication of rulemaking efforts by the state by directly updating the references to the CFRthat have been amended by the U.S. EPA. (4) I have determined that, underthe specific circumstances pertaining to this rule, there would be no reasonably anticipated benefitto the environment orto persons regulated or otherwise affected bythe proposed rule from the first or second written comment period under IC 13-14-9-3 or4, orfrom 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 5Indiana 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 ofcomments 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 ofAir Quality Indiana Department of Environmental Management 100 North Senate Avenue MC 61-50 Indianapolis, IN 46204-2251 Hand delivered comments will be accepted bythe IDEM receptionist on duty at the tenth fioor reception desk, Office ofAir Quality, 100 North Senate Avenue, Indianapolis, Indiana. Comments may be submitted byfacsimile at the IDEM fax number: (317) 233-5967, Monday through Friday, between 8:15a.m. and 4:45p.m. Please confirm the timely receipt offaxed 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 memberofthe 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 ofAir 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 ofthe Code of Federal Regulations (CFR) shall mean the July 1, i!eG9; 2011, edition*. *This body ofdocuments 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 Departmentof Environmental Management, Office ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 326 lAC 1-1-3; filed Mar 10, 1988, 1:20p.m.:11 IR 2369; filedJan 6, 1989, 3:30p.m.: 12 IR 1102; filed Dec 14, 1989, 9:35a.m.: 13 IR 868; filedAug 9, 1991, 11:00 a.m.: 14/R2218; filed May25, 1994, 11:00 a.m.: 17/R 2237; filedJu/25, 1995, 5:00p.m.: 18/R 3381; filedJu/25, 1997, 4:00p.m.: 20/R 3298; filed Oct 30, 2000, 2:13p.m.: 24/R 667; filed May21, 2002, 10:20 a.m.: 25/R 3054; filedAug 26, 2004, 11:30 a.m.: 28/R 17; filed Oct 14, 2005, 10:00 a.m.: 29/R 795; filed Mar 17, 2006, 1:00p.m.: 29/R2517; filedApr26, 2007, 9:38a.m.: 20070523-IR-326060412FRA: filedApr 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 10,20124:04:33PM EDT DIN: 20110914-IR-326110472FDA Page6

### Indiana Register Sec. 3. All references tothe CFR in sections 1 and 2 ofthis rule are tothe 2010 edition* ofthe 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 ofAir Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. (AirPollution ControlBoard; 326 lAC 11-8-3)


### Notice of Public Hearing
Posted: 0911412011 byLegislative ServicesAgency 

### An html version ofthis document.

Date: May 10,20124:04:33PM EDT DIN: 20110914-IR-326110472FDA Page 7

## This page intentionally left blank.

# E

## This page intentionally left blank.

# PUBLISHER’S AFFIDAVITS PUBLIC HEARING, February 1, 2012

## This page intentionally left blank.

## A T

J-. 

# c H 

# c 0 p 

## y 0 F 

## A D 

# v E R 

## T I 

# s E M E N 

## T H 

### F 

# f. E Prescribed by State Board ofAccounts

(Governmental Unit) To: NEWSANDTRIBU E 221 SPRING STRE T PO BOX867 JEFFERSONVILLE IN 47130 

### f.(t?.'j.rl..county, Indiana 

# JAN**~l** 

## ! 

# 2012 PUBLISHER'S CLAIM
LINE

# ~~pYa~TMaster (Must not exceed two actual lines, neither ofwhich shall

# t!~tef\frllWiil.**'.l@~;.:;n}i\NI\~.~g~~:** 1 

# \''''"'q'''"":J'( Offie<l 

## nr 1\lr i1ualtl\' total more than four solid lines ofthe type in which the body ofthe

# Heada-~~~~s:e~~~:i~e~et)**--_n_~~~~:-~f-~~~~v~~:~~~~~~-------------------------:·-~:(:?!.::~:~::**..

### 0<::
. -- -

# ---~-- . - Body-- number of lines

_____ _ _ _ _

_

_

_

____ _ _______ ___ _ _ _______ ____ ____ _ ___ ........................... Tail-- number of lines
----------------------------------------------- Total number of lines in notice 

# ::za::z.::::::::::::**COM~-~T~:~e~, .'J..~~~~~~s**  wide

# equafi'?..~equivalent lines at
..:..

# ?..IJI:JIJ-- cents per line
---------------------------------------------------------------------- 

### /<?5 

## t.J 

# 'l $

........................ Additional charges for notices containing rule ortabular work (50 per cent ofabove amount)

__________________________________________________________________ Charge for extra proofs of publication ($1.00 for each proof in excess oftwo) TOTALAiil6iJI'Jt-6F-ClAIM-------------------------------------------------------· 

## z···G:-·ZJ·C)··· $ 

# .lL.

.., ....../..

.... DATA FOR COMPUTING COST 

# p I

# D Width of single column in pic,s

.....

# Le
.............. Number of insertions

.............................. Size oftype7

......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 alljustcredits, and that no part ofthe same has been paid. I also certify that the printed matier attached hereto is a true copy, ofthe 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:

..... Newspaperdoes not have a Web site. 

# X

.. Newspaper has a Web site and this public notice was posted on the same day as itwas 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 postthe public notice.

# ~~:;r.>f

# ......**;Y;~~d** /- 20·- j;L Date

...................................................., ........... Legal ClerkLEGAL NOTICE of Public Hearing Under40 CFR 51.102, notice is hereby given that the Indiana Air Pollution Control Board (board) will hold apublic 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 ofthe hearing Is to receive public comments priorto the proposed actions. All interested persons are invited and will be given reasonable opportunity to express theirviews 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, Indiana46204. 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, Indiana46410. 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, Indiana47220-9557. Indianapolis Central Library, 40 East St. ClairStreet, Indianapolis, Indiana46204. Hammond Public Library, 564 State Street, Hammond, Indiana 46320. Allen County Public Library, 900 Llbrary Plaza, FortWayne, 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'sWeb site as early as one week priorto 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 meanthe 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 2to defercarbon dioxide (C02) emissions from b!oenergy and other biogenic sources from greenhouse gas permitting requirements, Identifies nitrogen ox- ides (NOx) as aprecursorto 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. Foradditional information concerning this rule contact Amy Smith atthe 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), orasmlth@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. EPAfor approval Into the State Implementation Plan. Foradditional 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), orsbem@!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 llmltforthe "ultraviolet Inkand electron beam inkapplication 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 atthe 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- 

## N E 

# w s .A N D 

## T R 

## I B 

# u N 

## E, J E 

## F F E R 

# s 0 N 

# v I L L E,



## I N5697 or (BOO) 451**~6027** (ext. 3-5697)(in Indiana), orsbem®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 atthe public hearing. A transcript of the hearing and all written submissions to the board at the public hearing shall be open to public Inspection atthe 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 ofthe act1on ofthe board. r Christine Pedersen, Chief Rule and State Implementation Plan Development Section Office ofAir Quality Individuals requiring reasonable accommodations for participation In this event should contact the Indiana Department of Environmental Management, Americans wllh Disabilities Act coordinatorat: Attn: ADA Coordinator Indiana Department of Environmental Management 100 N. Senate Avenue Indianapolis, IN 46204 orcall (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. 

## N E 

# w s A N D 

## T R 

## I B 

# u N 

## E, J E F 

## F E R 

# s 0 

## N 

# v

I 

## L L .E,



## I N

## This page intentionally left blank.

# RECEIVED 5583861 Prescribi::d by State Board ofAccounts General Form No. 99P 

## JAN 

# 10 2012 Xl16 Indiana DepartmentofEnvironmental Mgmt COURIER& PRESS (Governmental Unit) VANDERBURGH County, Indiana

LIJ'lE COUNT Display Master (Must not exceedtwo actual lines, neither ofwhich shall total more than four solid lines ofthetype in which the body ofthe advertisement is set)
- numberofequivalent lines 444 Head- number oflines 0 Body
- number oflines 444 Tail- number oflines 

## o Total numberoflines in notice 444
COMPUTATION OF CHARGES 444 lines, 1 columnswide equals 444 equivalent lines**at~0'".,22"7'-'7~** cents per line**-~** 101.1

## o ATTACH Additional charges for notices containing rule ortabularwork (50 per cent COPY OF ofabove amount) _$

____.. CLIPPING Ch<trge for extra proofs ofpublication ($1.00 for each proof in excess

### -"-~~~~'--

HERE oftwo) 

# --r..____ _ TOTALAMOUNTOFClAIM $. 101.10 DATA FOR COMPUTING COST Width ofsingle column in picas 5p8 Size oftype 7 _point Number ofinsertions 1
Pursuantto theprovisions and penalties of IC 5-11-10-1, I hereby certify thattheforegoing account is just and correct, thatthe amount claimed Is legally due, after allowing all justcredits, and that no part ofthe same has been paid. · Ialso certify that the printed matterattached hereto is atrue copy, ofthe same column width and type size, which was duly published in said paper 1 times. The dates ofpublication being as follows: December22, 20"-1'-'1'-------c------
Additionally, the statement checked below is true and correct Newspaperdoes not have aWeb site.



# ·-····x·--··· Newspaper has aWeb site and this public notice was posted on the same day as itwas published 

# =**·==~:** in the newspaper.

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

__ .**~--** .. Newspaper has aWeb site but refuses to post the public notice.

Date 113111

ATTACH COPY OF ADVERTISEMENT HERE Title Accounting Clerk 2009A}

# ~**~** 

# "' E**~** 

### 8 

# " u <( z 

### 0 c;; >= 

# " "' rn UJ 0 

## 5 

# " $ <( 2 -' (/) <( 

## :ll 

# " UJ rn -' g**~ ~**  rn m £ 

# ·"**~** $ 

## e 

# " "' 

# .. 0 m 

### :c 2 m m (/)

## ~ •:" z.: .;; '.>:·**··~** 

### :::

,

### .. u**·~** ;: 

# i
1, Claim No.

___Warrant No.

___ _

IN FAVOR OF

$.

____ _

ON ACCOUNT OFAPPROPRIATION FOR
Appropriation No.

______ _
ALLOWED.

_______ _ IN THE SUM OF$.

____ _

Attest I have examined the within claim and hereby certify as follows: That it is in properform. That it is duly authenticated as required by raw.
That it is based upon statutory authority.
correct 'That it is**app_~rently.** incorrect
I certify thatthe within claim is true and correct; thatthe servJces there' in itemized and foiwhich charge is**m<;~de** were ordered ·by me and were necessazy td. the public businesS ·**---------~·---**

_ ..,_, -.r·



## .. ·,.

### 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. atthe Plain- 

## 1 field-Guilford Township Public library, · McMillan BMeeting Room, 1120 Stafford Road, Pliiinfield 1 Indiana. The pur-. ! pose ofthe hearing IS to receive public l comments priortotheproposed ac· · PM2.5 NSR. (LSA#11·261). The purpose ofthis hearing is to receive pubhccom**men~** on**~mendf!!ents** to 326 lAC 2,**con~** cernmg a1r permit rules thatare pro- posed for final adoption by the board•... The proposed rule amends newsource review (NSRJ provisions for particulate matter lessthan 2.5 microns IPM2.5),, · amends definitions in 326 lAC 2to defer carbon dioxide (C02) emissions from bioenergy and otherbiogenic sourceS from greenhouse gas permitting ra- · quirements, Identifies nitrogen oxides · (NOx) as a precursorto ozone, and adds·;; 

# I tions. All interested personsare invited

andwill be given reasonable opportu1 nlty to express theirviewsconcerning 

# 'i a referenceto PM2.5 in related rules. _, .'·' Ui]on completion! this rule shall be sub-' _., m1tted to U.S. EPAfor approval intothe._ .>' $tate lmf?l6mentation Plan.
. .·,:'i**~** For additional information concerning
..

### Jc**~** this role contactAmr Smith atthe In- -'8 , 1 · theproposed actions.

Copies oftheproposed·rule are**~·** 

### i



### . I !. available to any person upon request ·

and are available fer public inspection atthe following locations: Indiana Departmentof"Environmental Management, Office ofAir Quality, Indiana GovernmentCenter-North, 100 North SenateA<.)'enue, 10th floor-East winq, Indianapolis, Indiana 46204. LegislativeServices Agency, Indiana Government Center-North, 100 North SenateAvenue, Room N201, lndianapo· lis, Indiana 46204.
. · ' Indiana DepartrrientofEnvironmental Management; Northwest Office, 8380 louisiana Street, Merrillville, Indiana 46410.
. Indiana DepartmentofEnvironmental**Manageme~t** NorthernOffice, Suite 450, 300 N. Michigan Street, South Bend, Indiana 46601. Indiana DepartmentofEnvironmental Management, SouthwestOffice, 1120 NorthVincennesAvenue, P.O. Box 128, Petersburg, Indiana**47567~0128.·** Indiana DepartmentofEnvironmental Management, SoutheastOffice, 820 West SweetStreet, 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 CountyPublic library, 900 library Plaza, FortWayne, Indiana46802. · EvansvilleVanderburgh Public Llbmry, 200 SE Martin luther King Jr. Blvd., Evansville, lncUana 47-713. ·aoard docUments"·may be viewed and downloaded frorn the Indiana Depart- mentofEnvironmental Management's · Web site.as early·as one weeKpriorto the meetm11 at http://www.m.gov/ldemf4710.htm. ;. 

# !l

'I The follOWing rulesare noticedforhear:.: 

### 1 ing and action: ·**~~** 

### li 2011 Updateof"RCterencestothe Co.da' 

### ' ; diana Departmento Environmental

__**:-~**

Management, Office ofAir Quality, <\·j : Room .1003,1ndiana Government CenterNorth, 10q'North SenateAvenue, In- , dianapolisat (317) 233-8628 or .·: (800) 451-6027 (ext. 3-8628)(ln Indiana),,.,;; orasmlth@idem.in.gov, · ·.::: Particulate MaHer Comphance Determi-

## ~ ..

## f.~.:j. nat1ons (lSA#07-438). The purposeof ". 

## ! this hearing is to receive pubhc com- lf• 1 menton amendmentsto 326 lAC 6-3-1, ' 

## .!: 

# !. 326 lAC 6.5 and 326 lAC 6 8concerning '; 

### mJ

particulate matteremission limits for : )$ surf.ace**coa~ers~**reinforced plastics com-·. t?" pos1te_s fabncat1ng manufacturers, and
...**~** graphic arts manufacturers thatarepro-,';\**~** posed for final adoption bytheboard. ·**:.1~** The proposed rule would allowcertain op-erations subjectto particulate matter emission limitsto demonstrate**compli~**_;; ance with those limits by implementing '.·· identifiedwork practices and control· · ·• technologies. Upori completion, this _.,. rule shalfbe submitted to U.S. EPA for l ,**~Pf~.~val** into**th~** Statelmp"Jementatlon :,**,~** i For additional information:concerning . -**~;** this rule conta·ct SusanBern atthe In· 

### 'ii diana DepartmentofEnvironmental Managem.ent, Office ofAir Quality Room 1003,1ndiana Government Center North, 100 North SenateAvenue, In- ·:, dianapotisat (317)233-5697 or · ._:_. (800) 451-6027 (ext,,3·5697)(1n Indiana);**~,** orsbem@idem.in.gov.
. . 

### <', Industrial SolventCleaning**O~;~eratlons** ·**jLS~#11-401).** The purpose Qfthis**hear~:_ ~** j mg ts to receive publiccommenton ···**~** 1, amendmentsto3261AC.8-17 concern- . if!Q**in~ustrial** solventcleaninQ opera.· , :I i t1ons m lake County a1_1d Po.rter"C;ouf'1ty.f ; : that areproposedfor fmal adoption**by;:.·'~** <l theboard. Theproposedrule.would e)c:O< f empt-coatlngs, ink, adhesive, and re"sin t,: · man!Jfacturing operationsfrom existing reqUirements and adopt**altern~tive** sol-··- vent cleaning operation requirements**~,** similarto otherMidwest states. ihe · { proposed rule would aiso·add a solvent-:

- :1 ·· bornefluoropolymer coatings**exemp~** ;**~** •! tion and amend the limitfor the "ultra- :, violetink and electron beam ink app.l_ica- .c tion equipment,exceptscreen printing'!**~ ~**  categoryto beconsistentwith recent"· ··,;**~** amendmentsin another- state'srules.··
..'**,~** 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 attlie In- ' ··: '-' ofFederal Regulations" {LSA#11-472),: ;, The purposeofthis hearing isto.receive J pubhccommenton amencfments to326. lAC 1-1·3 concerning updates-toRefer· ,· encesto the Code ofFederal Regula· tions (CFR) to mean theJuly 1, 2011 edition, 326 lAC 11·8concerning references totheCFR to meantheJuly 1, 2010**edt~** tion, and 3261AC 20-96·1 toremoveail obsoletereference, that'are proposed for adoption by thE) board. Upon com· pletion,this rule shall be submittedto."· U.S. EPA f9r approval into the StatelmJ:!Iementatmn Plan. For additional infOrmation concerning , this rule contact Ryan Knapick atthe**In~** diana Department ofEnvironmental ' Management, Office ofAir Quality, i Room 1003,1ndiana Government Center**.** North, 100 North SenateAvenue, In·

dianapolis at (3l1) 232-8229 or · (800)451-6027 {ext. 2-.8229){in Indiana), orr.knapick@ldemJn.gov. d1ana DepartmentofEnvironmental ·. ··· Management, Office ofAir Quality :1 '" Room 1003, Indiana GovernmentCenter North, 100 North SenateAvenue, In· dianapolis at (317) 233-5697 or (800)451·6027 (ext. 3-5697){in Indiana), orsbem@idem.in.gov.

## This page intentionally left blank.

## EN T 

### HE RE 

# I_---------- \ RECEIVED 

# l**JI~N** 03201Z l'f.W>Scc;,ed byState Board ofAccounb



# ...........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 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 of lines

_______________________________________________ . Body-- number oflines

_______________________________________________ Tail
-- numberof lines

_________________ - _-- ________________________ _ Total number of lines in notice
COMPUTATION OF CHARGES ( 'Z,{'i?.lines,

......

# l.. columns wide equals b.Jequlvalent lines at 36.41 cents perline

____________________________________________________________________ . Additional chargesfor notices containing rule ortabularwork (50 per cent of above amount)
-- _____ - -- _____ --------- ____ ----------- ____________ - ____________ Charge for extra proofs ofpublication ($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 Numberofinsertions: 1 Size oftype 7.0 point

Pursuantto the provisions and penalties of IC 5-11-10-1, I hereby certifythatthe foregoing account is just and correct, that the amount claimed is legally due, afterallowing all just credits, andthat no part ofthe same has been paid. I also certifythatthe printed matter attached hereto is a true copy, ofthe 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 istrue and correct:

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

.

..X

.. Newspaper has aWeb site and this public notice was posted on the same day as Itwas 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 ClerkClaim No.

______Warrant No.

_____ _

IN FAVOR OF

$.

____ _

ON ACCOUNT OF APPROPRIATION FOR The Times Media Conipany 601 W. 45thAvenue, 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 properform. That it is dulyauthenticated as required by law. That it Is based upon statutoryauthority.
correct That it is apparently incorrect

I certify thatthe within claim istrue and correct: that the servicesthere in itemized and forwhich charge is made were ordered by me and were necessaryto the public business**~- ----~~-----------------------------,** 



### THETIMES MEDIA COMPANY, MUNSTER, IN

## This page intentionally left blank.Prescribed by State BoardofAccounts 

### 80315-5898237 Genera] FormNo. 99P (Rev. 2009A) Federal ID# 35-2061385 

### INDDEPTOFENVIRONMENTALMANA To: INDIANAPOLIS NEWSPAPERS 

### MARION COUNTY, INDIANA 307N PENNSYLVANIA ST- POBOX 145 INDIANAPOLIS, IN 46206-0145

.,_**,-------------~-~---~** 

### PUBLISHER'SCLAIM 

# RECEIVED LINECOUNT Display Matter

- (Mustnot exceedtwo actual lines, neither ofw total morethan four solid lines ofthe typeinwhichthebod advertisementis set).

- number ofequivalentlines Head

-Numberofliues ch shall ofthe 

## JAN 

# 042012
State of Indiana 

### Body

- Numberoflines Tail-Number oflines Totalnumber oflines in notice flepat t11n::::ni.·of Envlronmental1'4anagcment 1-----0fflceofAir Quality



### TION OF CHARGES 175.0 lines 2.0 columns wide equals 350.0equivalentlines at .458 cents perline Additional charge for notices containingruleand figurework(50 percent ofabove amomit) Charges forextraproofs ofpublication ($1.00 foreachproofinexcess oftwo) TOTAL AMOUNTOF CLAIM DATA FOR COMPUTING COST Width ofsingle column 5.8 ems Number ofinsertions 1.0 Size oftype 

### 1 $.

__ _,1""60.,..3,_,0
.00 

### $.

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

Pursuantto theprovisions and penalties of!C5-11-10-1, Ihereby certifythattheforegoing accountis justand correct, thatthe amount claimed is legallydue, after allowing alljustcredits, andthatnopart ofthe same has beenpaid. Ialsocertify thatthe printedmatter attachedhereto is atrue copy, ofthe same columnwidthandtype size, which was duly published insaidpaper 1

### times. The dates ofpublicationbeingbetween the dates of: 12/23/2011 

### and 12/23/2011 

### Additionally, the statementcheckedbelow is true and correct: Newspaperdoes nothave aWeb site. ;:7"

### Newspaperhas aWeb site andthispublicnoticewas posted onthe sameday as itwaspublishedin thenewspaper _Newspaperhas aWeb site, butdue to atechnical problem orerror, publicnoticewas posted on___ _

_ Newspaperhas aWeb sitebutrefusesto postthepublicnotice.



# . C'\ DATE: 12/23/2011 Title: Clerk

### INDIANAPOLIS STARAND NEWS, INDIANAPOLIS, IN

## w a: 

## w I 

### 1- 

# z w 2 

## w (f)

### I

## n: 

## 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 

### # 

### 1060944 , 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)
-- numberof equivalent lines Head
-- number of lines 

### ' Body
-- numberof lines Tail --numberof lines "'=:-::-:::;:-,c;St<.1tc of Jn(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 ortabularwork 

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

### ($1.00 for each proof in excess of two) TOTAL AMOUNT OFCLAIM DATA FOR COMPUTING.COST Width of single column in picas

.... 

### 9.8 Size of type
.... ?point. Numberof Insertions

.... 1 

## 219



## $ 83.44



## $ .83.44

Pursuant tothe provisions and penalties of IC 

### 5·11·10-1, I herepy certifythatthe foregoing account is just and correct, thatthe amount claimed is legally due, after allowing alljust credits, and ihat no part of the same·has been paid. I also certifythatthe printed matter attached hereto is a true copy, ofthe same column width and type size, which was duly published in said paper 1times. 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 ClerkClalrn No.------ Warrant No.

__ _.:___ _

IN FAVOR OF

$.

____ _

ON ACCOUNT OFAPPROPRIATION 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 1 1 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 450h300**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.1n.gov/idem/4710.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 t6 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 btoen 1 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. 0

Particulate Matter Compliance 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() 233 3· 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 De 4 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= notlfl### 1~~~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 ofAccounts General Form No. 99P {Rev. 2009A) 

# or.r 1

# 4 2011 Xl16 Indiana Dept ofEnvironmental Mgmt To EVANSVIL E COURIER & PRESS (Governmental Unit) State ofIndiana · 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, neitherofwhich shall total morethan four solid lines ofthe type in which the body ofthe advertisement is set)-- number ofequivalent lines 416 Head-- numberoflines 0 Body-- numberoflines 416 Tali -numberoflines 0 Total numberoflines 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 ortabularwork (50 per cent COPYOF ofabove amount) 

### $ CLIPPING Charge for extra proofs ofpublication ($1.00 for each proof in excess

HERE oftwor

### =$~===;;::;;:;:: TOTALAMOUNTOFCLAIM $ 94.72 DATA FOR COMPUTING COST Width ofsingle column in picas 5p8 Size oftype
_ ___,7_:_polnt Number ofinsertions 1
Pursuantto the provisions and penalties of IC 5-11-10-1, I hereby certify thatthe foregoing account Is justand correct, thatthe amountclaimed is legally due, after allowing alljustcredits, and that no part ofthe same has been paid. Ialso certify that the printed matterattached hereto is atrue copy, ofthe same column width and type size, which was duly published In said paper 1 times. The dates ofpublication being as follows: September22, 2011
Additionally, the statement checked below istrue and correct: Newspaperdoes not have aWeb site.**-~x--** Newspaper has aWeb site and this public noticewas posted on the same day as itwas published in the newspaper.

____Newspaper has aWeb site, but due to technical problem or error, public notice was posted on ......

____Newspaper has aWeb site but refuses to postthe 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~ING** Under40 CFR 51.102 and 40 CFR 60.23, noticeis herebygiven thatthe Indiana Air Pollution Control Board {board) will hold a publichearing·at its regularly**~·-:** scheduled meeting onWednesday, No- 11 : ' vember2, 201t. The meeting will con· <i vane at 1:00 IJ:.m.**o;~t**the Indiana**Govern~·** mentCenter-South, Conference Room c C, 402WestWashington Street,In- · : ' dianapolis, Indiana. The purposeofthe·,, i hearing is to receivepubliccomments .ij ; priorto the proposed actions. All inter-**::~-** , ested persons areinvited andwill be ·**-~** : given reasonableopportunitytoexpress-; i.' theirv.lews concen:aing the proposedBC::"£i :: tion. ·"F· c' Copiesofthe proposed rule are 

# .fl; availableto anypersonupon request and**ar~** available for publicinspection**-~.;** :· atthefollowing locatiOns: Indiana DepartmentofEnvironmental :'. Management, Office ofAirQuality, In-
..**~** dianaGovernmentCenter-North, 100·**~** North SenateAvenue, 10thfloor-East wina. Indianapolis, Indiana 46204. LegiSlative ServicesAgency, Indiana " GovernmentCenter-North, 100North : SenateAvenue, Room**N201,1ndlan?Po~-** . lis, Indiana 46204. Indiana DepartmentofEnvironmental**Mana~ement,** Northwest Office, 8380 Louis1ana Street, Merrillville, Indiana 46410.**~:'** Indiana DepartmentofEnviroQmental

# ·.'.f**Manageme~t_,** Northern Office, Suite**~** 450, 300 N. IVIichigan Street, South**~(>!** Bend, Indiana 46601. ,=i.< Indiana DepartmentofEnvironmental
.)·; Management, SouthwestOfflce, 1120
... NorthVincennesAvenue, P.O. Box 128, ·

### ~~~~~S:~D~~~~~~~t**~f~~~~~~ffiental** ';1 Management, Southeast Office, 820 ;{ WestSWeet Street, Brownstown, In-
.**~** diana47220-9557.
.. Indianapolis Central Library, 40 East St.;1j Clair Street, lndianaP.olls, Indiana 46204.( Hammond PublicL1brary, 564 State**~--** Street, Hammond, Indiana 46320.

_**·:~** Allen County Public library, 900 librai"{JJl Plaza, FortWayne, Indiana 46802, ·-, EvansvilleVa.nderburgh Public Library, , 200 SE Martin LutherKing Jr. Blvd.. ' Evansville, Indiana 47713. Board documentsmay beviewed and downloaded from theIndiana Depart- mentofEnvironmental Management's Web siteas earlyas one week priorto the meetinr;t at http:/lwww.m.gov/idem/4710.htm. The following rules are noticedfor hear-. log and action: 2011 Update of "Referencesto the**Coda'~** ofFederal Regulations" (LSA #11-472).**~** The purposeofthishearing is to receive_t pubhc commenton amendmentsto326J lAC 1·1-3, concerning updatesto Refer- ences tothe CodeofFederal Regula- ' 1 tlons (CFR) to meantheJuly 11 2011 edi- ·- tion and 3261AC 11-8concernmg refer- ences tothe CFR to mean theJuly 1, 2010edition, thatare proposed for adoption by the board.
. For additional information concernin_g ·; this rule contactRyan t<napick atthe Indiana DepartmentofEnvironmental
. Management, Office ofAir Quality, · :'· Room 1003,1ndiana Government**Center~** North, 100 North SenateAvenue, 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 purposeofthishearing isto receive pubhccommentonamendmentsto 326 lAC 2, concerning airpermitrulesthat are proposed for final a.doption bythe board.The proposed rule clarifies and updates3261AC 2with noncontroversial changesthatdo notrequire extensive ., oollatlorationwith U.S. EPA and thatcan·' befinalized quickly to improvethe permitting rules. · · For additional information concerning thisrule contactAmy Smith atthe Indiana DepartmentofEnvironmental Management,Office ofAir Quality, Room 1003t,lndiana GovernmentCenter North, 100 North SenateAvenue, In· dianapolis at(317)233-8628 or {800)451·6027 (ext. J.8628)(1n Indiana), orasmith@idem.ln.gov. Particulate MatterCom_pliance Determinations (LSAU07-438). The purpose of thishearing isto receive publiccom- menton amendments to3261AC 6·3-1, 326 lAC 6.5 and 326\AC6.8 concerning particulate matteremission limitsfor surfacecoaters, reinforced plastics cQmpositesfabricating manufacturers, and graphicarts manufacturers thatare pro-, posed for preliminary adOption bythe ., board. Thedraft rule wouldallowcer- tain operationssubjectto particulate
. matteremission limits to demonstrate comRiiancewith those limitsbyimplementing identifiedwork practices and control technologies: For additional information concerning this rute contactSusan Bern atthe Indiana Department-ofEnvironmental Management, Office ofAir Quality, Room 1003!,Indiana GovernmentCenter North.. 100 North Sanate Avenue, In- · dianapolls at {317)233-5697 or (800) 451·6027 (ext. 3-5697)(in Indiana), orsbem@idem.in.gov. Industrial SolventCleaning Operations {LSAit11·401). The purposeofthishearIng isto receive publiccomment on amendments to 3261AC 8·11,concern- ing industrial solventcleaning operationsin lake County and Porter**Cou~** that are proposed for preliminary adop-

_ tion bythe board. The draft rulewould · exemptcoatings, ink, adhesive, and**res-~** . in manufacturing operationsfrom**exist~--:.** ing requirementsand adoptalternative 1 : solventcleaning operation**requirements~** 1 similarto other M1dwest states. The**··~.** draftrulewould also add a solVentbornefluoropolymer coatings exemption and amendthe limitfor the "ultra-
. violetinkand electronbeam ink applica-. tion equipment, except screen printing" categoryto be consistentwith recent amendmentsin another state'srules. For additional information concerning this rule contact Susan Bern atthe Indiana DepartmentofEnvironmental Management, Office ofAir 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), ·.' orsbem@idem.in.gov. Forthis hearinQ, oral statements wi11 be' heard butfor tfie accuracy·ofthe record, pleasesubmitstatemehtsin**~** writing to the attendant designated**to.·.~~** receive written comments atthepublic 

### .J**h~aring.** '"- Atranscriptofthe hearing andall**writ~-·"** t!!n submissions to theboard atthe pub:--'! he he!Jnng shall**b~**open to public in·**:~t spe~:t.10n**  atthe lnd1ana Departmentof**~i** Environmental Mana.gement; copies
..\ maybe made av-ailable to any person ---1 upon payment of reproduction costs. ··- Anyperson heard orrepresented atthe _. heanng orrequesting notice shall be
. :i given written noticeofthe action ofthe**-~** board. ;r Christine Pedersen, Chief --• Rule and StateImplementation Plan**De~** velopmentSection · · Office ofAir Ouality *****ti:*-IHHH!if*******************444. 

# .................................................**~-',.**  ""'"** **

.**~i** lndivid.uals requiting r.easonable acconi.• modattons for participation in this event·;**shout~** contactthe Indiana Department ·ii of**Eny1ronm~ntal {v'lana~ement,**  i(! AmencansWith Dtsabllltms ACt**coordf~·** <:i nator at:·**'·~** Attn: ADA Coordinator .-.- Indiana Departmentof Environmental ); Management
.., ..· 100 N. Senate Averiue · Indianapolis, IN 46204
..(


# w 

# a: w I 

### 1- 

# z w :2: 

## w (f) 

# tr: w 

# > 0 <( lL 

### 0 

# >- a.. 0 0 I 

### 0

# ~ 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
-- numberof 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 ortabularwork (50 per cent of 

### above amount) Charge for extra proofs of publication ($1.00 for each proof in excess of two) TOTAL AMOUNT OF CLAIM 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 certifythat 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 certifythat 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 07 

# 2011
State of Indiana Department of Environmental tvlanagernent Office ofAir 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.


## OGTb ,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!ebygiven 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 Wayne1 1nd1ana 46802

Evansvil eVanderburgh 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 manufacturers1 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 alternatve 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 limitfor 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 actton ofthe 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 936177Prescribed by State Board ofAccounts 

## 80315-5864616 General Form No. 99P{Rev. 2009A) FederallD# 35-2061385 

## IND 

## DEPT OF ENVIRONMENTAL MANA To: INDIANAPOLIS NEWSPAPERS MARION COUNTY, INDIANA 307NPENNSYLVANIA ST- PO BOX 

## 145**INDIAN4Pous-:~'fT46206-0**

## 1**~. ~-------**  

# /**Rre:IIP•Il!:"~~~'Vilr~n ~~~,-~~~~JL**  d

## ~:r'%"'~ PUBLISHER'S CLAIM
LINE COUNT DisplayMatter- (Must not exceed two actual lines, neither·ofwhich shall

, ; total more than four solid lines ofthe type in which the body ofthe advertisement is set).- number ofequivalent lines Head

- Number oflines Body -Numberoflines Tail

- Number oflines Total number oflines innotice
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 andfigure work (50 per cent ofabove amount) Charges for extraproofs ofpublication ($1.00 for each proofin excess oftwo) TOTAL AMOUNT OF CLAIM DATA FORCOMPUTING COST Widthofsingle column

## .2.& ems Numberofinsertions __lQ 

### Size oftype 

### 1 

## ' 

# sr:r 2H2011

$.

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

### .00 

### $.

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

Pursuantto the provisions and penalties ofIC 5-ll-l0-l, Ihereby certifY thatthe foregoing account is jUSt and correct, tlwt the amountclaimed is legallydue, after allowing alljustcredits,and that no part ofthe same has beenpaid. 

### I also certifY thatthe printedmatter attached hereto is a true copy, ofthe same column width and type size, which was dulypublished in said paper 1

### times. The dates ofpublication beingbetween the dates of: 09/22/2011 

### and 09/22/2011 

### Additionally, the statement checked below is true and correct: Newspaperdoes nothave a Web site: 

## \1"'Newspaperhas a Web site and !hispublic notice was posted on the same day as it was published in the newspaper · 

### _Newspaperhas a Web site, but due to a technicalproblem or error, publicnotice was posted**on~---­** 

### _Newspaperhas a Web site but refuses to postthepublicnotice.

DATE: 

### 09/22/2011 Title: Clerk

### INDIANAPOLIS STARAND NEWS, INDIANAPOLIS, IN

Legal NoticeofPublic Hearing :--__:-_,_ Under40 CFR 51.102 and 40 CFR 60.23, noilce: Is hereby given thatthe IndianaAir Polluti(ln Control Board (board) will holda 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 WestWashington Street, lndianapoli!i;

__,_ Indiana. The purpose of the hearing is tore-J celve public comments priortothe 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; Indiana46204. Legislative Services Agency, Indiana**X~~~~~~~~~~en~~~~o~ua,!~~p~ftZ.h ,~ar:~:** **462 ?~21iana**  Department of Envlronment'a:i" Management, Northwest Office, 8380 LouisianaStreet, Merrillville, Indiana46410. -_ 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,: Indiana47567-0128. Indiana Department of Environmental Management. Southeast Office, 820 West' Sweet Street, Brownstown, Indiana 47220- 9557. ·: Indianapolis Central Library, 40 East St, ClairStreet, lndianaffolis, Indiana46204.

-**~** '**stre~tm._ra:;.n~on~~rn~an~~l{lo.** 564 state Allen county Public Library, 900 Library Plaza, Fortwayne, Indiana46802. ' Evansville Vanderburgh Public Library, 200 SE Martin Luther King Jr. Blvd.,**Evans~J** ville, Indiana47713. , Board documents may be viewed and downloaded from the IndianaDepartment of Envl· ronmental Management's Web site as early as oneweekpriortothe meeting at http://www.Jn.gov/idem/4710.htm. The following rules ate noticed for hearing and action: · :

### ~~!:r::~:,:~~~;.r~~n~:~:~~**.f~:~u~!!** pose ofthis 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 contactRyan Knaplckatthe 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 ofthis 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 identifiedwo.,k practicesandcontroltechnologies.

-·:-··-·· 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 ofthis fiearing Js to receive pubhc comment on amendments to321? 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-_ ventcleanmg operation requirements_slmihi.i-" to otherMidweststates.Thedraftrule-would**~lso** adda solvent-bornefluoropolymer'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 anotherstate'srules. . -**-~** . 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 commentsatthe publichearing.
. ,·_-_:';.:**-----~** Atranscriptofthe hearing andall 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 Statelmplementation.Piiln DevelopmentSe!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** ofEnvlrorlmental .- 100 N. senateAvenue 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 of72 hours=; tJoti-

____(s-**9/~2/11-** 5864616)**f":'i¥~1:1iiil;}** ' ' r\

## I'**-~tj\esC,ribed** by State Board ofAccounts 

# r ----···--·---...____________**)~\** 1 

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

## TA CH 

## co 

## PY OF 

## AD 

## VE RTI SE 

### M 

## EN T 

## HE RE "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 ofwhich shall total more than four solid lines ofthe type in which the body ofthe advertisement is set)-- number ofequivalent 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 ortabularwork (50 per cent ofabove 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 ofsingle column in picas 9p4 Number of insertions: 1 Size oftype 7.0 point 

# # 2tY!z&<f/J

Pursuantto the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part ofthe same has been paid. I also certify that the printed matter attached hereto is a true copy, ofthe same column width and type size,

# ~~i.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 itwas 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 

## OFFICEOFAIR QUALITYClaim 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 properform. That It is dulyauthenticated as required by law. That it is based upon statutory authority.
correct That it is apparently incorrect
I certify thatthe within claim is true and correct; that the services there in itemized and for which charge is made were ordered by me and were necessaryto the public business

### THE TIMES MEDIA COMPANY, MUNSTER, IN

-Legal Noticeof Public Hearing \

Under 40 CFR 51.1 o·2**an~** 40 CFR \ 6023 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~** ber2, 2011.The meeting wtll con- -- 'vene at 1:00 p.m. at the**-lndi~n~.** GoVernment Center-South,**Conf~H~._ -:-~**  ence Room C, 402 Westwash!ng- ·.' ton street, Jndianapo_lis, lndtana

.. The purpose ofthe 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!efor**pu~hc ~~~",**  spection atthe following**!ocat~ons.**

- Indiana Departmentof Enwon- ·.: mental Management, Office of Alf Quality, Indiana**Governmen~­** Center-North, 100 North Senate_Avenue, 1othfloor-East wing, Indianapolis, Indiana 46204.

. ,

-Legislative Services**Ag~ncy,** lnd1-

.. ana Government**Center~North,** 100_: North senate Avenue, Room**N201,.~** Indianapolis, Indiana 462o4. :·_ ·.

_ Indiana Departmentof**Environ-.·'_:~.** mental Management, Northwest**~b·;** flee, 8380 Louisiana Street, Mern--

_ · llville, lndlana46410.

. ,-_-_

- Indiana Departmentof Enwon-
-· , mental Management, Northern<;If- _j flee Suite 450, 300 N. M1ch1gan ·**Str~et,** South Bend, Indiana 46601

.. _-,-

-Indiana Departmentof 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, SoutheastOh_·:_ 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 priorto the meeting at"'·:<" bttp·Uwww in_gmdidemf471o**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 isto receive public com-:···,._,,_ \ ment on amendments to 326**-l~q**

## : H-3, concerning updates to Refer-

..: encesto 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_ · Foradditional information concern-- ing this rule contact Ryan Knap!ck atthe 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 isto receive public com· ment on amendments to 326 lAC 2, concerning air permit rules that are 

# Iproposed for final adoption by the·_. board. The proposed rule clarifies , : and updates 326 lAC2 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 commenton 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 af1 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 toother Midwest states. The draft rule would. also add a solvent-borne fluoropolymercoatings 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.

## This page intentionally left blank.

# F

## This page intentionally left blank.

### ' I 

## 1 2 3 4 5 6 7 8 9 10 11 

## ' ! 12 13 14 15 16 17 18 19 20 21 22 23 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. CHAIRMAN MINER: Thank you, Ryan. 22 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. MS. LONG: Uh-huh. 18 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 

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 

## 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 

### 1 2 3 4 5 6 7 8 9 10 11 

### 12 13 14 15 16 17 18 19 20 21 22 23 

## 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.

## MS. LONG: Okay. Let me go back. 1 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 2 3 4 5 6 7 8 9 10 11 12 ; i. 

### 13 14 15 16 17 18 19 20 21 22 23 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. MR. KNAPICK: 11-8. 17 

## 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 Senator64



### 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 takeI 

## 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 2 3 4 5 6 7 8 

## 9 10 11

i 

## I 12 13 14 15 16 17 18 19 20 21 22 23 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 Boiler70



## 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 3 4 5 6 

## 7 8 9 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 23 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 2 3 4 5 6 7 8 

## 9 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 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 to73

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 under74

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. CHAIRMAN MINER: Very good. 16 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

# EXHIBIT4

## This page intentionally left blank.

## 'I 

# EXHIBIT-4

TITLE326AIRPOLLUTIONCONTROLBOARD DRAFTRULE LSADocument

## #11-472 DIGEST Drm#ll-472 2011 CFRUpdate February!, 2012



### Amends 326 lAC 1-1-3,326lAC 11-8, and 326lAC20-95-1 concerningupdates to the Code of FederalRegulations (CFR). Effective 30 days afterfiling withthe Publisher, 

## HISTORY Section 8Notice: September 14,2011,IndianaRegister (DIN: 20110914-lR3261104FDA). Notice ofHearing: September, 14, 2011, IndianaRegister (DIN: 20110914-IR-32611- 472PHA). Change inNotice ofPublic Hearing: October 19,2011 IndianaRegister (DIN: 20110914- IR-326110472PHA). DateofHearing: February 1, 2012. 

## 326lAC 1-1-3; 326lAC 11-8; 326lAC20-95-1 DRAFTRULE SECTION 

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

## 326lAC 1-1-3 Referencestothe CodeofFederalRegulations 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 otherwiseindicated, anyreference to aprovisionofthe Code ofFederal Regulations (CFR) shall meantheJuly 1, 

## 2009,2011 edition*. *Thisbody ofdocuments is incorporatedbyreference. Copiesmaybeobtainedfrom the GovermnentPrinting Office, 732NorthCapitol StreetNW,Washington, D.C. 20401 or are available for review andcopying attheIndianaDepartment ofEnvironmentalManagement, Office ofAir Quality, IndianaGovermnent CenterNorth,TenthFloor, 100North SenateAvenue, Indianapolis, Indiana46204. 

## (AirPollution ControlBoard; 326lAC1-1-3;filedMar 10, 1988, 1:20p.m.: 11 IR 2369;filedJan 6, 1989, 3:30p.m.: 12IR 1102;jiledDec 14, 1989, 9:35a.m.: 13IR 868;filedAug9, 1991, 11:00a.m.: 14IR 2218;jiledMay 25, 1994, 11:00a.m.: 17IR 2237;jiledJul25, 1995, 5:00p.m.: 18IR 3381;filedJul25, 1997, 4:00p.m.: 20IR 3298;filed Oct30, 2000, 2:13p.m.: 24IR 667;jiledMay21, 2002, 10:20a.m.: 25IR 3054;jiledAug26, 2004, 11:30a.m.: 28IR 17;filedOct14, 2005, 10:00a.m.: 29IR 79;jiledMar 17, 2006, 1:00 

## 1Dnn#ll-472 2011 CFRUpdate February I, 2012 

## p.m.: 29IR 2517;filedApr26, 2007, 9:38a.m.: 20070523-IR-3260604I2FRA;filedAprI, 2008, 9:59a.m.: 20080430-IR-326070373FRA;filedJuli, 2009, 3:I2p.m.: 20090729-IR32608090IFRA;filedOctI, 20IO, 3:49p.m.: 20IOI027-IR-326I00112FRA) SECTION 2. 326 lAC 11-8-3 IS ADDEDTO READ AS FOLLOWS: 

## 326lAC 11-8-3 References to the Code ofFederalRegulations Authority: IC 13-14-8; IC 13-17-4; IC 13-17-3-11 Affected: IC 13-15; IC 13-17 

## Sec. 3. Allreferences to the CFRinSections 1 and2 ofthis rule areto the2010 edition* ofthe CFR. *This documentis incorporatedbyreference. Copies maybeobtainedfromthe GovernmentPrintingOffice,732 North CapitolStreetNW,Washington,D.C. 20401 or are availableforreview and copying attheIndianaDepartmentofEnvironmental Management, Office ofAirQuality, IndianaGovernmentCenterNorth,TenthFloor, 100 North SenateAvenue, Indianapolis,Indiana46204. (AirPollution ControlBoard;326lAC 11-8-3)SECTION 3. 326lAC20-95-1 IS AMENDED TOREAD AS FOLLOWS: 

## 326lAC 20-95-1 Applicability; incorporationbyreference offederal 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) Thisrule applies to sources as providedin40 CFR63.7485*. (b) The airpollutioncontrolboardincorporatesbyreference 40 CFR63, Subpart DDDDD*, as amendedby 70 FR76933, December 28, 2005, national emission standards for hazardous airpollutantsfor industrial, commercial, and institutionalboilers andprocessheaters. (c) Owners and operators mayusethe emissionaveragingprovisions as specifiedunder 40 CFR63.7522*. (d) Under 326lAC 3-6, source samplingprocedures, a testprotocolform for anemissions testis duethirty-five (35) days beforetheintendedtest date. *This documentis incorporatedbyreference. Copies maybe obtainedfrom the GovernmentPrinting Office, 732NorthCapitol StreetNW, Washington, D.C. 20401 or are availablefor reviewand copying attheIndianaDepartment ofEnvironmentalManagement, Office ofAir Quality, IndianaGovernment CenterNorth, TenthFloor, 100North SenateAvenue, Indianapolis, Indiana46204. 

## (AirPollution ControlBoard; 326lAC20-95-I;filedNov I6, 2006, 4:04p.m.: 2006I2I3-IR-326050023FRA)

2