20101020-IR-326090362FCA DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING OPEN BURNING

TITLE 326 AIR POLLUTION CONTROL BOARD

CONTINUATION OF FIRST NOTICE OF COMMENT PERIOD LSA Document #09-362

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING OPEN BURNING

PURPOSE OF NOTICE

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 1-2 and 326 IAC 4-1 concerning open burning. The First Notice of Comment Period, published on June 3, 2009 (DIN: 20090603-IR-326090362FNA), requested comments on five categories of open burning that may be suitable for exemption from the current IDEM approval process. A Continuation of First Notice of Comment Period, published on June 30, 2010 (DIN: 20100630-IR-326090362FCA), requested comments on one additional category of open burning that may be suitable for exemption from the current IDEM approval process. That comment period has ended. However, IDEM has identified additional areas of the open burning rules that need to be amended. This Continuation of First Notice of Comment Period provides information about amending the definition of "air curtain destructor" in 326 IAC 1-2-2.5 to include for the operation of an approved portable self-contained unit. It also includes information about the proposed amendment to the approval conditions of an air curtain destructor in 326 IAC 4-1 to allow for the operation of a portable self-contained unit. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

HISTORY

First Notice of Comment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR-326090362FNA).

Continuation of First Notice of Comment Period: June 30, 2010, Indiana Register (DIN: 20100630-IR-326090362FCA).

CITATIONS AFFECTED: 326 IAC 1-2; 326 IAC 4-1.

AUTHORITY: IC 13-14-8; IC 13-14-9; IC 13-17-3-4; IC 13-17-3-11.

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

Basic Purpose and Background

Open burning is generally prohibited in Indiana. However, state law exempts certain open burning activities under conditions that minimize impact on air quality and public health. Open burning activities that are allowed include maintenance burning, recreational or ceremonial fires, and the burning of clean petroleum products for fire extinguisher training. Emergency burning is allowed in specified situations with oral approval from IDEM. In addition to the specific limited instances when open burning is allowed, a person may submit an application to IDEM for an approval to engage in open burning. One type of open burning that may be considered by IDEM for an approval is the operation of an air curtain destructor.

In the First Notice of Comment Period, IDEM proposed to add five additional categories of open burning that may be suitable for exemption from the current IDEM approval process to relieve IDEM and the regulated community of unnecessary paperwork while continuing to protect Hoosiers and the environment. In the first Continuation of First Notice of Comment Period, IDEM proposed to amend 326 IAC 4-1-3(c) to allow for the respectful retirement of United States flags while minimizing emissions of pollutants during the burning process. With this Continuation of First Notice of Comment Period, IDEM has identified two additional alternatives for consideration in this rulemaking.

IDEM recently received an application for an approval of a portable self-contained air curtain destructor. These newer air curtain destructors allow the operator to maintain a more consistent temperature throughout the entire combustion chamber contributing to high combustion efficiency, little particulate waste, and a large reduction in particulate matter emissions. The units are self-contained and easily transportable. However, the current approval process for the operation of an air curtain destructor under 326 IAC 4-1 only allows for the burning of materials placed in an adjacent pit. It does not allow for the burning of materials placed in a portable self-contained unit.

In this rulemaking, IDEM is proposing to amend the definition of "air curtain destructor" in 326 IAC 1-2-2.5 to include for the operation of an approved portable self-contained unit. IDEM also proposes to amend the approval conditions of an air curtain destructor in 326 IAC 4-1 to allow for the operation of a portable self-contained unit. Upon completion of the rulemaking, this rule will be submitted to the U.S. Environmental Protection Agency for approval as a revision to the state implementation plan.

Alternatives to Be Considered Within the Rulemaking

The First Notice of Comment Period, published on June 3, 2009 (DIN: 20090603-IR-326090362FNA), included six alternatives for which comments were received. The first Continuation of First Notice of Comment Period, published on June 30, 2010 (DIN: 20100630-IR-326090362FCA), included one additional alternative for which no comments were received. This Continuation of First Notice of Comment Period adds two additional alternatives to be considered.

Alternative 8. Amend the definition of an "air curtain destructor" at 326 IAC 1-2-2.5 to include an approved portable self-contained unit.

• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? No.

• Is this alternative imposed by federal law or is there a comparable federal law? No.

• If it is a federal requirement, is it different from federal law? Not applicable.

• If it is different, describe the differences. Not applicable.

Alternative 9. Amend 326 IAC 4-1 to include conditions for approval for the operation of an approved portable self-contained air curtain destructor.

• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? No.

• Is this alternative imposed by federal law or is there a comparable federal law? No.

• If it is a federal requirement, is it different from federal law? Not applicable.

• If it is different, describe the differences. Not applicable.

Applicable Federal Law

There is no applicable federal law.

Potential Fiscal Impact

Potential Fiscal Impact of Alternative 8. This alternative would amend the definition of an "air curtain destructor" at 326 IAC 1-2-2.5 to include an approved portable self-contained unit. IDEM anticipates minimal fiscal impact to result from implementation of this rule amendment.

Potential Fiscal Impact of Alternative 9. This alternative will amend 326 IAC 4-1 to include conditions for approval for the operation of an approved portable self-contained air curtain destructor. This alternative will still maintain most of the same criteria and conditions currently contained in open burning approvals. Therefore, the fiscal impact is expected to be minimal.

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:

http://www.in.gov/idem/4108.htm

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

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]

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

[phone]

[e-mail]

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 1307

100 North Senate Avenue

Indianapolis, IN 46204-2251

[phone]

[e-mail]

Public Participation and Workgroup Information

At this time, no workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Manda Clevenger, Rule and State Implementation Plan Development Section, Office of Air Quality at [phone] or [phone] (in Indiana).

STATUTORY AND REGULATORY REQUIREMENTS

IC 13-14-8-4 requires the board to consider the following factors in promulgating rules:

(1) All existing physical conditions and the character of the area affected.

(2) Past, present, and probable future uses of the area, including the character of the uses of surrounding areas.

(3) Zoning classifications.

(4) The nature of the existing air quality or existing water quality, as the case may be.

(5) Technical feasibility, including the quality conditions that could reasonably be achieved through coordinated control of all factors affecting the quality.

(6) Economic reasonableness of measuring or reducing any particular type of pollution.

(7) The right of all persons to an environment sufficiently uncontaminated as not to be injurious to human, plant, animal, or aquatic life or to the reasonable enjoyment of life and property.

REQUEST FOR PUBLIC COMMENTS

At this time, IDEM solicits the following:

(1) The submission of alternative ways to achieve the purpose of the rule.

(2) The submission of suggestions for the development of draft rule language.

Mailed comments should be addressed to:

#09-362 (APCB) Open Burning Regulations

Manda Clevenger Mail Code 61-50

Rule and State Implementation Plan Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204

Hand delivered comments will be accepted by the IDEM receptionist on duty at the tenth floor reception desk, Office of Air Quality, 100 North Senate Avenue, Indianapolis, Indiana.

Comments may be submitted by facsimile at the IDEM fax number: [phone], Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rule and State Implementation Plan Development Section at [phone].

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or hand delivered by November 19, 2010.

Additional information regarding this action may be obtained from Manda Clevenger, Rule and State Implementation Plan Development Section, Office of Air Quality, [phone] or [phone] (in Indiana).

Scott Deloney, Chief

Air Programs Branch

Office of Air Quality

Posted: 10/20/2010 by Legislative Services Agency

DIN: 20101020-IR-326090362FCA

Composed: Nov 01,2016 1:01:16AM EDT

A PDF version of this document.