TITLE 326 AIR POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for an amendment to 326 IAC 2-6-1 to include Lawrenceburg Township, Dearborn County on the list of marginally classified nonattainment areas required to submit emissions reporting information. IDEM is soliciting written comment on the draft rule language and will schedule a public hearing before the Environmental Rules Board (board) for consideration of adoption of these rules.

IC 13-14-9-8 recognizes that, under certain circumstances, it may be appropriate to reduce the number of public comment periods and public hearings usually provided for under the IC 13-14-9 environmental rulemaking process. In cases where the commissioner determines that there is no reasonably anticipated benefit from a second public comment period and first public hearing to either the environment or persons regulated or otherwise affected by the proposed rule, IDEM may forgo these comment periods and proceed directly to the public hearing and board meeting at which the draft rule is considered for adoption. Two opportunities for public comment (with this notice and at the public hearing prior to adoption of the rule) remain under this procedure.

If the commissioner makes the determination of no anticipated benefit required by IC 13-14-9-8, the commissioner shall prepare written findings and publish those findings in the Indiana Register prior to the board meeting at which the draft rule is to be considered for adoption and include them in the board packet prepared for that meeting. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-8.

The statute provides for this shortened rulemaking process if the commissioner determines that:

(1) the rule constitutes:

(A) an adoption or incorporation by reference of a federal law, regulation, or rule that:

(i) is or will be applicable to Indiana; and

(ii) contains no amendments that have a substantive effect on the scope or intended application of the federal law or rule;

(B) a technical amendment with no substantive effect on an existing Indiana rule; or

(C) an amendment to an existing Indiana rule, the primary and intended purpose of which is to clarify the existing rule; and

(2) the rule is of such nature and scope that there is no reasonably anticipated benefit to the environment or the persons referred to in IC 13-14-9-7(a)(2) from:

(A) exposing the rule to diverse public comment under IC 13-14-9-3 or IC 13-14-9-4;

(B) affording interested or affected parties the opportunity to be heard under IC 13-14-9-3 or IC 13-14-9-4; and

(C) affording interested or affected parties the opportunity to develop evidence in the record collected under IC 13-14-9-3 and IC 13-14-9-4.

Under Section 107(d)(1)(B) of the Clean Air Act (CAA), Lawrenceburg Township in Dearborn County was designated as a marginally classified nonattainment area for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) by the United States Environmental Protection Agency (U.S. EPA) on May 21, 2012 (77 FR 30118). Sections 110 and 182 of the CAA address the requirements related to nonattainment areas.

Under Section 182(a)(3)(B) of the CAA, and as a prerequisite for redesignation of a nonattainment area to attainment, each state with an ozone nonattainment area is required to revise its State Implementation Plan (SIP) to include a requirement that the owner or operator of each stationary source of nitrogen oxides (NO_x) or volatile organic compounds (VOCs) provide the state with a statement showing actual emissions of NO_x or VOCs from that source.

In September 2015, IDEM prepared a draft document, "Request for Redesignation and Maintenance Plan for Ozone Attainment in the Indiana Portion of the Cincinnati-Hamilton, Ohio, Kentucky, Indiana (OH-KY-IN) 2008 8-Hour Ozone Nonattainment Area", for submittal to U.S. EPA to redesignate the area to attainment for ozone. The Cincinnati-Hamilton, OH-KY-IN, area has recorded three (3) years of complete, quality-assured ambient air quality monitoring data for the years 2013 through 2015, demonstrating attainment of the 8-hour ozone standard. There is a significant economic benefit of redesignation to attainment for Lawrenceburg Township, Dearborn County, as the current designation of nonattainment discourages industrial growth in the area. This rulemaking is a required component of a complete and approvable redesignation request. Once the completed redesignation request is approved by U.S. EPA and published in the Federal Register, Lawrenceburg Township in Dearborn County can be redesignated to attainment through a future state rulemaking, allowing new major sources and major modifications at existing sources to be permitted under the Prevention of Significant Deterioration (PSD) rules in 326 IAC 2-2, rather than the more restrictive Emission Offset rules in 326 IAC 2-3.

IDEM is proposing to amend the Emission Reporting rule at 326 IAC 2-6 to apply the reporting thresholds for nonattainment areas to the 8-hour ozone nonattainment area of Lawrenceburg Township in Dearborn County. Sources in areas listed in 326 IAC 2-6-1(a) are required to report emissions of NO_x and VOCs if they emit greater than twenty-five (25) tons per year of either pollutant.

When this rule is complete, it will be submitted to U.S. EPA with the redesignation request for approval into the Indiana SIP to redesignate Lawrenceburg Township, Dearborn County to attainment for the 2008 8-hour ozone standard.

No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law. This draft rule imposes no restrictions or requirements because it is a direct adoption of federal requirements that are applicable to Indiana and contains no amendments that have a substantive effect on the scope or application of the federal rule.

There will be no fiscal impact from the implementation of this rule beyond that already imposed by federal law. This rulemaking requires emissions reporting for sources in Lawrenceburg Township in Dearborn County that emit VOCs or NO_x above twenty-five (25) tons per year, as required by Section 182(a)(3)(B) of the Clean Air Act. At this time, there are no known sources with emissions of VOCs or NO_x greater than twenty-five (25) tons per year that are not already required to report.

At this time, no work group is planned for the rulemaking. If you feel that a work group or other informal discussion on the rule is appropriate, please contact Keelyn Walsh, Rules Development Branch, Office of Legal Counsel at (317) 232-8229 or (800) 451-6027 (in Indiana).

IDEM established a compliance and technical assistance program (CTAP) 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 and other resources available can be found at:

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Patricia Daniel

IDEM Small Business Regulatory Coordinator

IGCN 1316

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-6562 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 4-4-35-8 is:

Erik Scheub

Office of Small Business and Entrepreneurship

One North Capitol, Suite 600

Indianapolis, IN 46204

(317) 232-5679

ombudsman@osbe.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 4-4-35-8, specifically IC 4-4-35-8(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:

Steven N. Howell

IDEM Small Business Assistance Program Ombudsman

IGCN 1301

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 232-8587 or (800) 451-6027

snhowell@idem.in.gov

The commissioner of IDEM has prepared findings regarding rulemaking on emissions reporting as required by federal rule. These findings are prepared under IC 13-14-9-8 and are as follows:

(1) This rule is the direct adoption of federal requirements that are applicable to Indiana and it contains no amendments that have a substantive effect on the scope or intended application of the federal rule.

(2) Indiana is required by federal law to adopt these requirements under the Clean Air Act as established by the U.S. Environmental Protection Agency.

(3) The environment and persons regulated or otherwise affected by the proposed rule will benefit from prompt adoption of this rule, because it will bring Lawrenceburg Township, Dearborn County into compliance with federal law.

(4) I have determined that, under the specific circumstances pertaining to this rule, there would be no reasonably anticipated benefit to the environment or to persons regulated or otherwise affected by the proposed rule from the second written comment period under IC 13-14-9-3 or IC 13-14-9-4, or from the first public hearing under IC 13-14-9-5(a)(1).

(5) The draft rule is hereby incorporated into these findings.

This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one of the following ways:

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

LSA Document #16-162 Emissions Reporting

Keelyn Walsh

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

Indiana Government Center North

100 North Senate Avenue

Indianapolis, IN 46204-2251

(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of your faxed comments by calling the Rules Development Branch at (317) 232-8922.

(3) By electronic mail to kwalsh@idem.in.gov. 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 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, 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.

All comments must be postmarked, faxed, or time stamped not later than May 27, 2016. 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 Keelyn Walsh, Rules Development Branch, Office of Legal Counsel, (317) 232-8229 or (800) 451-6027 (in Indiana).

SECTION 1. 326 IAC 2-6-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 1. (a) This rule applies to all of the following:

(b) All sources permitted by the department are subject to section 5 of this rule concerning additional information requests.

(c) Sources covered by subsection (a) must comply with the compliance schedule in section 3 of this rule.

Notice of Public Hearing

DIN: 20160427-IR-326160162FDA

Composed: Apr 29,2024 3:19:30PM EDT

A PDF version of this document.