20101110-IR-326100342FRA Amends 326 IAC 1-4-16, 326 IAC 1-4-46, and 326 IAC 1-4-65 concerning the redesignation of Lake and Porter counties and Lawrenceburg Township, Dearborn County to attainment for 8-hour ozone. Effective...

TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule LSA Document #10-342(F)

DIGEST

Amends 326 IAC 1-4-16, 326 IAC 1-4-46, and 326 IAC 1-4-65 concerning the redesignation of Lake and Porter counties and Lawrenceburg Township, Dearborn County to attainment for 8-hour ozone. Effective 30 days after filing with the Publisher.

HISTORY

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8 and Draft Rule: June 2, 2010, Indiana Register (DIN: 20100602-IR-326100342FDA).

Notice of Public Hearing: June 2, 2010, Indiana Register (DIN: 20100602-IR-326100342PHA).

Date of First Hearing: September 1, 2010.

326 IAC 1-4-16; 326 IAC 1-4-46; 326 IAC 1-4-65

SECTION 1. 326 IAC 1-4-16 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-16 Dearborn County

Authority: IC 13-14-8; IC 13-17

Affected: IC 13-15

Sec. 16. The following attainment status designations are applicable to Dearborn County:

Pollutant	Designation
SO2	Cannot be classified.
CO	Unclassifiable or attainment effective November 15, 1990.
O3	Nonattainment Subpart 1 effective June 15, 2004, for the 8-hour ozone standard for the Cincinnati-Hamilton OH-KY-IN area, including Lawrenceburg Township of Dearborn County. The remainder of Dearborn County is unclassifiable or Attainment effective June 15, 2004, May 11, 2010, for the 8-hour ozone standard.1
PM10	Unclassifiable effective November 15, 1990.
NO2	Cannot be classified or better than national standards.
Pb	Not designated.
1Unclassifiable or attainment effective October 18, 2000, for the 1-hour ozone standard which was revoked effective June 15, 2005.

(Air Pollution Control Board; 326 IAC 1-4-16; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Oct 15, 2010, 1:51 p.m.: 20101110-IR-326100342FRA)

SECTION 2. 326 IAC 1-4-46 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-46 Lake County

Authority: IC 13-14-8; IC 13-17

Affected: IC 13-15

Sec. 46. The following attainment status designations are applicable to Lake County:

Pollutant	Designation
SO2	Better than national standards.
CO	Attainment effective February 18, 2000, for the part of the city of East Chicago bounded by Columbus Drive on the north; the Indiana Harbor Canal on the west; 148th Street, if extended, on the south; and Euclid Avenue on the east. Unclassifiable or attainment effective November 15, 1990, for the remainder of East Chicago and Lake County.
O3	Nonattainment Subpart 2 Moderate Attainment effective June 15, 2004, May 11, 2010, for the 8-hour ozone standard.1
PM10	Attainment effective March 11, 2003, for the cities of East Chicago, Hammond, Whiting, and Gary. Unclassifiable effective November 15, 1990, for the remainder of Lake County.
NO2	Cannot be classified or better than national standards.
Pb	Not designated.
1Nonattainment Severe 17 effective November 15, 1990, for the Chicago-Gary-Lake County area for the 1-hour ozone standard which was revoked effective June 15, 2005.

(Air Pollution Control Board; 326 IAC 1-4-46; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Oct 15, 2010, 1:51 p.m.: 20101110-IR-326100342FRA)

SECTION 3. 326 IAC 1-4-65 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-65 Porter County

Authority: IC 13-14-8; IC 13-17

Affected: IC 13-15

Sec. 65. The following attainment status designations are applicable to Porter County:

Pollutant	Designation
SO2	Cannot be classified for the area bounded on the north by Lake Michigan; on the west by the Lake County and Porter County line; on the south by I-80 and I-90; and on the east by the LaPorte County and Porter County line. The remainder of Porter County is better than national standards.
CO	Unclassifiable or attainment effective November 15, 1990.
O3	Nonattainment Subpart 2 Moderate Attainment effective June 15, 2004, May 11, 2010, for the 8-hour ozone standard.1
PM10	Unclassifiable effective November 15, 1990.
NO2	Cannot be classified or better than national standards.
Pb	Not designated.
1Nonattainment Severe 17 effective November 15, 1990, for the Chicago-Gary-Lake County area, including Porter County, for the 1-hour standard which was revoked effective June 15, 2005.

(Air Pollution Control Board; 326 IAC 1-4-65; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Oct 15, 2010, 1:51 p.m.: 20101110-IR-326100342FRA)

LSA Document #10-342(F)

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: 20100602-IR-326100342FDA

Hearing Held: September 1, 2010

Approved by Attorney General: October 7, 2010

Approved by Governor: October 13, 2010

Filed with Publisher: October 15, 2010, 1:51 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Alison Beumer, IDEM Compliance and Technical Assistance Program - OPPTA , MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, [phone] or [phone], [e-mail]

Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-01 IGCN 1307, 100 North Senate Avenue, Indianapolis, IN 46204-2251, [phone], [e-mail]

Posted: 11/10/2010 by Legislative Services Agency

DIN: 20101110-IR-326100342FRA

Composed: Nov 01,2016 1:02:31AM EDT

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