Acting Regional Administrator
U.S. EPA, Region V
77 West Jackson Boulevard
Chicago, Illinois 60604
Re: Clarification to September 2, 2004 Indiana New Source Review Reform SIP Submittal
Dear Mr. Mathur:
On September 2, 2004 Indiana submitted a request to amend the State Implementation Plan (SIP) to include the New Source Review (NSR) Reform rulemaking in the permit review rules at 326 IAC 2. In subsequent review and discussion with staff of the United States Environmental Protection Agency (U.S. EPA), an issue has been raised that results in the need for clarification.
The issue pertains to the November 7, 2004 [sic; should be November 7, 2003] 2003 Federal Register notice that published amendments to 40 CFR Parts 51 and 52, resulting from the reconsideration of the December 31, 2002 Federal NSR Reform final rules. These amendments included a new definition for "replacement" in the requirements for NSR SIPs, nonattainment and attainment, contained in 40 CFR 51.165(a)(1)(xxi) and 40 CFR 51.166(b)(32) respectively. Although this definition was not included in the state rule, Indiana commits to follow the federal definition and address it in a future state rulemaking. In the interim, Indiana commits to follow the federal definition for replacement as follows:
Please contact Stacey Pfeffer in the Office of Air Quality at (317)233-2628 should you have any questions or comments.
Original signed by Janet McCabe
Janet G. McCabe
Office of Air Quality
cc: Jay Bortzer