20150902-IR-326150284BNA IC 13-14-9.5-1.1 NOTICE OF REVIEW OF NONEXPIRING RULES LSA Document #15-284

TITLE 326 AIR POLLUTION CONTROL DIVISION

IC 13-14-9.5-1.1 NOTICE OF REVIEW OF NONEXPIRING RULES LSA Document #15-284

This is a notice of rule review as described in IC 13-14-9.5-1.1. Certain rules described in IC 13-14-9.5-1.1 do not expire after seven years. These types of rules are: (1) rules required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; and (2) rules required to begin or continue receiving federal funding for implementation or operation of a program.

The Indiana Department of Environmental Management (IDEM) is required to publish a list of these rules that have been effective for seven years and request comment, in a 30 day comment period, on any specific rule that should be reviewed through the regular rulemaking process under IC 13-14-9. IDEM must also notice a public hearing before the Environmental Rules Board (board). IDEM will respond to all comments received during the comment period and provide the comments and responses to the board during the public hearing. The board, after considering the comments, responses, and testimony at the hearing, will direct IDEM on whether additional rulemaking actions must be started to address concerns raised to the board.

IC 13-14-9.5-1 provides that chapter 9.5 does not apply to "a rule that incorporates a federal regulation by reference or adopts under a federal mandate a federal regulation in its entirety without substantive additions." Therefore, those rules are not subject to this notice of readoption; however, for the reader's information, a list of exempt rules is included in this notice.

IC 13-14-9-4(a)(5) THROUGH IC 13-14-9-4(a)(7) IDENTIFICATION OF RESTRICTIONS AND REQUIREMENTS NOT IMPOSED UNDER FEDERAL LAW

IC 13-14-9.5-1.1 requires this notice to contain the information described under IC 13-14-9-4(a)(5) through IC 13-14-9-4(a)(7) regarding restrictions and requirements of the listed rules that are not imposed under federal law. The listed rules establish requirements to implement the Clean Air Act (CAA). The CAA authorizes comprehensive federal and state regulations to limit air pollution. These rules have been incorporated into Indiana's State Implementation Plan (SIP) and are federally enforceable. These rules are authorized under IC 13-17-3-4 and IC 13-17-3-11.

LIST OF RULES THAT DO NOT EXPIRE

The following is a list of rules in 326 IAC that have been effective for seven years and are: (1) required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; or (2) required to begin or continue receiving federal funding for implementation or operation of a program:

	326 IAC 8-10	Automobile Refinishing
	326 IAC 8-16	Offset Lithographic Printing and Letterpress Printing
	326 IAC 8-17	Industrial Solvent Cleaning Operations
	326 IAC 8-18	Synthetic Organic Chemical Manufacturing Industry Air Oxidation, Distillation, and Reactor Processes
	326 IAC 8-19	Control of Volatile Organic Compound Emissions from Process Vents in Batch Operations
	326 IAC 8-20	Industrial Wastewater
	326 IAC 8-21	Aerospace Manufacturing and Rework Operations
	326 IAC 8-22	Miscellaneous Industrial Adhesives

LIST OF EXEMPT RULES

This is a list of rules in 326 IAC to which IC 13-14-9.5 does not apply in accordance with the exceptions in IC 13-14-9.5-1. This list of exempt rules is provided for informational purposes only. The following rules are exempt from IC 13-14-9.5:

	326 IAC 1-4	Attainment Status Designations
	326 IAC 11-6	Hospital/Medical/Infectious Waste Incinerators
	326 IAC 11-7	Municipal Waste Combustors
	326 IAC 11-8	Commercial and Industrial Solid Waste Incineration Units
	326 IAC 11-9	Other Solid Waste Incineration Units
	326 IAC 11-10	Sewage Sludge Incineration Units
	326 IAC 12	NEW SOURCE PERFORMANCE STANDARDS
	326 IAC 14-2	Emission Standards for Sources of Asbestos Listed in Section 1 of this Rule
	326 IAC 14-3	Emission Standard for Beryllium
	326 IAC 14-4	Emission Standard for Beryllium Rocket Motor Firing
	326 IAC 14-5	Emission Standard for Mercury
	326 IAC 14-6	Emission Standard for Vinyl Chloride
	326 IAC 14-7	Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene
	326 IAC 16-3	General Conformity
	326 IAC 19-2	Transportation Conformity to Federal and State Implementation Plans
	326 IAC 20-1	General Provisions
	326 IAC 20-2	Accidental Releases
	326 IAC 20-3	Emission Standards for Hazardous Air Pollutants for Coke Oven Batteries
	326 IAC 20-4	Emission Standard for Hazardous Air Pollutants for Industrial Process Cooling Towers
	326 IAC 20-5	Ethylene Oxide Commercial Sterilization and Fumigation Facilities
	326 IAC 20-6	Halogenated Solvent Cleaning
	326 IAC 20-7	Perchloroethylene Dry Cleaning Facilities
	326 IAC 20-8	Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
	326 IAC 20-9	Magnetic Tape Manufacturing Operations
	326 IAC 20-10	Bulk Gasoline Distribution Facilities
	326 IAC 20-11	Synthetic Organic Chemical Manufacturing Industries
	326 IAC 20-12	Processes Subject to the Negotiated Regulation for Equipment Leaks
	326 IAC 20-14	Wood Furniture Manufacturing Operations
	326 IAC 20-15	Aerospace Manufacturing and Rework Facilities
	326 IAC 20-16	Petroleum Refineries
	326 IAC 20-17	Marine Tank Vessel Loading Operations
	326 IAC 20-18	Printing and Publishing Operations
	326 IAC 20-19	Group I Polymers and Resins
	326 IAC 20-20	Epoxy Resins and Non-Nylon Polyamides
	326 IAC 20-21	Group IV Polymers and Resins
	326 IAC 20-22	Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production
	326 IAC 20-23	Off-Site Waste and Recovery Operations
	326 IAC 20-24	Primary Aluminum Reduction Plants
	326 IAC 20-26	Shipbuilding and Ship Repair Surface Coating Operations
	326 IAC 20-27	Portland Cement Manufacturing Industry
	326 IAC 20-28	Hazardous Waste Combustors
	326 IAC 20-29	Hydrochloric Acid Steel Pickling and Regeneration Plants
	326 IAC 20-30	Oil and Natural Gas Production
	326 IAC 20-31	Natural Gas Transmission and Storage
	326 IAC 20-32	Publicly Owned Treatment Works
	326 IAC 20-33	Pulp and Paper Production; Noncombustion
	326 IAC 20-34	Phosphoric Acid Manufacturing and Phosphate Fertilizers Production
	326 IAC 20-35	Tanks–Level 1
	326 IAC 20-36	Containers
	326 IAC 20-37	Surface Impoundments
	326 IAC 20-38	Individual Drain Systems
	326 IAC 20-39	Closed Vent Systems, Control Devices, Recovery Devices, and Routing to a Fuel Gas System or a Process
	326 IAC 20-40	Equipment Leaks–Control Level 1
	326 IAC 20-41	Equipment Leaks–Control Level 2
	326 IAC 20-42	Oil-Water Separators and Organic-Water Separators
	326 IAC 20-43	Storage Vessels (Tanks)–Control Level 2
	326 IAC 20-44	Generic Maximum Achievable Control Technology
	326 IAC 20-45	Pesticide Active Ingredient
	326 IAC 20-46	Mineral Wool Production
	326 IAC 20-47	Wool Fiberglass Manufacturing
	326 IAC 20-48	Emission Standards for Hazardous Air Pollutants for Boat Manufacturing
	326 IAC 20-49	Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills
	326 IAC 20-50	Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units
	326 IAC 20-51	Manufacturing of Nutritional Yeast
	326 IAC 20-52	Wet-Formed Fiberglass Mat Production
	326 IAC 20-53	Leather Finishing Operations
	326 IAC 20-54	Cellulose Products Manufacturing
	326 IAC 20-55	Rubber Tire Manufacturing
	326 IAC 20-56	Reinforced Plastic Composites Production
	326 IAC 20-57	Pharmaceuticals Production
	326 IAC 20-58	Amino and Phenolic Resins
	326 IAC 20-59	Polyether Polyols Production
	326 IAC 20-60	Solvent Extraction for Vegetable Oil Production
	326 IAC 20-61	Semiconductor Manufacturing
	326 IAC 20-62	Refractory Products Manufacturing
	326 IAC 20-63	Surface Coating of Large Appliances
	326 IAC 20-64	Surface Coating of Metal Coil
	326 IAC 20-65	Paper and Other Web Coating
	326 IAC 20-66	Flexible Polyurethane Foam Fabrication Operations
	326 IAC 20-67	Municipal Solid Waste Landfills
	326 IAC 20-68	Friction Material Manufacturing Facilities
	326 IAC 20-69	Polyvinyl Chloride and Copolymers Production
	326 IAC 20-70	Secondary Aluminum
	326 IAC 20-71	Asphalt Processing and Asphalt Roofing
	326 IAC 20-72	Brick and Structural Clay Products
	326 IAC 20-73	Clay Ceramics Manufacturing
	326 IAC 20-74	Coke Ovens: Pushing, Quenching, and Battery Stacks
	326 IAC 20-75	Engine Test Cells/Stands
	326 IAC 20-76	Hydrochloric Acid Production
	326 IAC 20-77	Printing, Coating, and Dyeing of Fabrics and Other Textiles
	326 IAC 20-78	Surface Coating of Metal Furniture
	326 IAC 20-79	Surface Coating of Wood Building Products
	326 IAC 20-80	Surface Coating of Miscellaneous Metal Parts and Products
	326 IAC 20-81	Surface Coating of Plastic Parts and Products
	326 IAC 20-82	Stationary Reciprocating Internal Combustion Engines
	326 IAC 20-83	Organic Liquid Distribution (Non-Gasoline)
	326 IAC 20-84	Miscellaneous Organic Chemical Manufacturing
	326 IAC 20-85	Surface Coating of Automobiles and Light-Duty Trucks
	326 IAC 20-86	Surface Coating of Metal Cans
	326 IAC 20-87	Site Remediation
	326 IAC 20-88	Miscellaneous Coating Manufacturing
	326 IAC 20-89	Coal-Fired and Oil-Fired Electric Utility Steam Generating Units
	326 IAC 20-90	Stationary Combustion Turbines
	326 IAC 20-91	Lime Manufacturing Plants
	326 IAC 20-92	Iron and Steel Foundries
	326 IAC 20-93	Integrated Iron and Steel Manufacturing
	326 IAC 20-94	Mercury Cell Chlor-Alkali Plants
	326 IAC 20-95	Industrial, Commercial, and Institutional Boilers and Process Heaters
	326 IAC 21	ACID DEPOSITION CONTROL
	326 IAC 22	STRATOSPHERIC OZONE PROTECTION
	326 IAC 25-2-1	Incorporation by reference of federal incentive for NEPT members
	326 IAC 26-1	Best Available Retrofit Technology

REQUEST FOR PUBLIC COMMENTS

At this time, IDEM solicits comments on the nonexempt rules listed above that should be reviewed through the regular rulemaking process under IC 13-14-9. IDEM requests that specific changes and language suggestions accompany the comments. Comments may be submitted in one of the following ways:

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

LSA Document #15-284 2015 Title 326 Rule Review

MaryAnn Stevens

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

100 North Senate Avenue

Mail Code 61-49

Indianapolis, IN 46204

(2) By facsimile to [phone]. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch 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 thirteenth floor reception desk, Office of Legal Counsel, 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

Comments must be postmarked, faxed, or time stamped not later than October 2, 2015. Hand-delivered comments must be delivered to the office by 4:45 p.m. on the above-listed deadline date.

Additional information regarding this action may be obtained from MaryAnn Stevens, Rules Development Branch, Office of Legal Counsel, [phone] or [phone] (in Indiana).

Nancy King, Chief

Rules Development Branch

Office of Legal Counsel

Posted: 09/02/2015 by Legislative Services Agency

DIN: 20150902-IR-326150284BNA

Composed: Nov 01,2016 2:05:03AM EDT

A PDF version of this document.