20120919-IR-326120520FNA DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING SOURCE SPECIFIC UPDATES TO PARTICULATE MATTER EMISSION LIMITATIONS

TITLE 326 AIR POLLUTION CONTROL BOARD

FIRST NOTICE OF COMMENT PERIOD LSA Document #12-520

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING SOURCE SPECIFIC UPDATES TO PARTICULATE MATTER EMISSION LIMITATIONS

PURPOSE OF NOTICE

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 326 IAC 6.5 and 326 IAC 6.8 concerning source specific updates to the particulate matter emission limitations. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

CITATIONS AFFECTED: 326 IAC 6.5; 326 IAC 6.8.

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

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

Basic Purpose and Background

The purpose of this rulemaking is to update the source specific information found within Indiana's rules concerning particulate matter emission limitations at 326 IAC 6.5 and 326 IAC 6.8. Source categories subject to the particulate matter emission limitations include fuel combustion steam generators, asphalt concrete plants, grain elevators, foundries, and mineral aggregate operations. The rules containing these limitations have been approved into Indiana's state implementation plan (SIP) as permanent and enforceable provisions in order to address attainment of particulate matter air quality standards and must be maintained for continued attainment unless replaced with a comparable reduction. The department has been notified by several regulated sources that information contained within these rules may have become inaccurate or obsolete. This rulemaking will ensure that the information in 326 IAC 6.5 and 326 IAC 6.8 is up-to-date and correct. These changes will be submitted to the United States Environmental Protection Agency (U.S. EPA) for approval into Indiana's SIP.

IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

Alternatives to Be Considered Within the Rulemaking

Alternative 1. Updating 326 IAC 6.5 and 326 IAC 6.8 to correct outdated or incorrect information.

• 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? This alternative will ensure that consistency is maintained with applicable federal requirements.

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

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

Alternative 2. Refraining from updating 326 IAC 6.5 and 326 IAC 6.8.

• 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? This alternative is not imposed by federal law and there is no comparable federal law.

• 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 federal law applicable to the proposed changes.

Potential Fiscal Impact

Potential Fiscal Impact of Alternative 1. There is no potential fiscal impact associated with this alternative not already required under federal law. Updating source specific information will have no fiscal impact.

Potential Fiscal Impact of Alternative 2. There is no potential fiscal impact associated with this alternative.

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

Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Jessica Faust-Hamblin

IDEM Small Business Regulatory Coordinator

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:

Eric P. Shields

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 1301

100 North Senate Avenue

Indianapolis, IN 46204-2251

[phone] or [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 Ryan Knapick, 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.

Comments may be submitted in one of the following ways:

(1) By mail or common carrier to the following address:

LSA Document #12-520 Source Specific PM Limit Update

Ryan Knapick 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, IN 46204-2251

(2) By facsimile to [phone]. Please confirm the timely receipt of faxed comments by calling the Rule and State Implementation Plan Development Section at [phone].

(3) By electronic mail to [e-mail]. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the email address indicated in this notice.

(4) Hand delivered to the receptionist on duty at the tenth floor reception desk, Office of Air Quality, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.

Regardless of the delivery method used, in order to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.

COMMENT PERIOD DEADLINE

All comments must be postmarked, faxed, or time stamped no later than October 19, 2012. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.

Additional information regarding this action may be obtained from Ryan Knapick, 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: 09/19/2012 by Legislative Services Agency

DIN: 20120919-IR-326120520FNA

Composed: Nov 01,2016 1:28:38AM EDT

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