TITLE 326 AIR POLLUTION CONTROL BOARD

NOTICE OF READOPTION

IC 13-14-9.5-1.1 NOTICE OF RULE REVIEW

LSA Document #07-293

This is a notice of rule review as described in IC 13-14-9.5-1.1, which outlines types of rules that 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 provide notice of a public hearing before the Air Pollution Control Board concerning this IC 13-14-9.5-1.1 rule review. 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.

This Notice of Rule Review identifies all rules subject to the notice requirements of IC 13-14-9.5-1.1 except for 326 IAC 6-4. A Notice of Rule Review will be published separately for 326 IAC 6-4. IDEM anticipates that the provisions in 326 IAC 6-4 will generate specialized interest and that a separate rulemaking is warranted.

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. 326 IAC 8-10, 326 IAC 8-11, and 326 IAC 8-12 contain elements that extended beyond federal requirements at the time of adoption. These elements relate to work practice standards required for the specific types of operations listed in those rules. 326 IAC 8-13 was a state-only initiative to reduce volatile organic compound emissions from sinter plants. However, these rules have since been incorporated into Indiana's State Implementation Plan (SIP) and are federally enforceable. New and amended rules cannot be any less stringent than SIP approved rules.

The following is a list of all rules, save for 326 IAC 6-4, in Title 326 of the Indiana Administrative Code 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:

At this time, IDEM solicits requests for the separate readoption of particular rule section or sections under IC 13-14-9, supported by a basis for the request.

Mailed comments should be addressed to:

#07-293(APCB) IC 13-14-9.5-1.1 Rules List

Sean Gorman Mail Code 61-50

c/o Administrative Assistant

Rules Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204.

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-2342, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Section at (317) 233-0426.

Comments must be postmarked, faxed, or hand delivered by July 6, 2007.

Additional information regarding this action may be obtained from Sean Gorman, Rules Development Section, Office of Air Quality, (317) 234-3533 or (800) 451-6027 (in Indiana).

Kathryn A. Watson, Chief

Air Programs Branch

Office of Air Quality

Notice of Public Hearing

DIN: 20070606-IR-326070293BNA

Composed: Apr 29,2024 1:41:52PM EDT

A PDF version of this document.