-IR- Database Guide
-IR- Database: Indiana Register

TITLE 326 AIR POLLUTION CONTROL BOARD

Final Rule
LSA Document #11-742(F)

DIGEST

Amends 326 IAC 1-4-20, 326 IAC 1-4-27, 326 IAC 1-4-46, 326 IAC 1-4-64, 326 IAC 1-4-65, 326 IAC 1-4-74, 326 IAC 1-4-83, and 326 IAC 1-4-88 concerning the redesignation of northwest Indiana and southwest Indiana to attainment for the annual PM2.5 standard, including Lake County and Porter County (Indiana portion of the Greater Chicago area); and Dubois County, part of Gibson County including Montgomery Township, part of Pike County including Washington Township, part of Spencer County including Ohio Township, Vanderburgh County and Warrick County (Evansville area). Effective 30 days after filing with the Publisher.


HISTORY
Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: December 21, 2011, Indiana Register (DIN: 20111221-IR-326110742FDA).
Notice of Hearing: December 21, 2011, Indiana Register (DIN: 20111221-IR-326110742PHA).
Change in Notice of Public Hearing: March 7, 2012, Indiana Register (DIN: 20120307-IR-326110742CHA).
Date of Hearing: May 2, 2012.


SECTION 1. 326 IAC 1-4-20 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-20 Dubois County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17


Sec. 20. The following attainment status designations are applicable to Dubois County:
Pollutant  Designation 
SO2  Better than national standards. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Unclassifiable or attainment effective June 15, 2004, for the 8-hour ozone standard.1 
PM2.5  Attainment effective October 27, 2011, for the annual PM2.5 standard. 
PM10  Unclassifiable effective November 15, 1990. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Unclassifiable or attainment effective October 18, 2000, for the 1-hour ozone standard which was revoked effective June 15, 2005. 
(Air Pollution Control Board; 326 IAC 1-4-20; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


SECTION 2. 326 IAC 1-4-27 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-27 Gibson County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17


Sec. 27. The following attainment status designations are applicable to Gibson County:
Pollutant  Designation 
SO2  Cannot be classified. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Unclassifiable or attainment effective June 15, 2004, for the 8-hour ozone standard.1 
PM2.5  Attainment effective October 27, 2011, for the annual PM2.5 standard for Montgomery Township. 
PM10  Unclassifiable effective November 15, 1990. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Unclassifiable or attainment effective October 18, 2000, for the 1-hour ozone standard which was revoked effective June 15, 2005. 
(Air Pollution Control Board; 326 IAC 1-4-27; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


SECTION 3. 326 IAC 1-4-46 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-46 Lake County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15


Sec. 46. The following attainment status designations are applicable to Lake County:
Pollutant  Designation 
SO2  Better than national standards. 
CO  Attainment effective February 18, 2000, for the part of the city of East Chicago bounded by Columbus Drive on the north; the Indiana Harbor Canal on the west; 148th Street, if extended, on the south; and Euclid Avenue on the east. Unclassifiable or attainment effective November 15, 1990, for the remainder of East Chicago and Lake County. 
O3  Attainment effective May 11, 2010, for the 8-hour ozone standard.1 
PM2.5  Attainment effective February 6, 2012, for the annual PM2.5 standard. 
PM10  Attainment effective March 11, 2003, for the cities of East Chicago, Hammond, Whiting, and Gary. Unclassifiable effective November 15, 1990, for the remainder of Lake County. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Nonattainment Severe 17 effective November 15, 1990, for the Chicago-Gary-Lake County area for the 1-hour ozone standard which was revoked effective June 15, 2005. 
(Air Pollution Control Board; 326 IAC 1-4-46; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Oct 15, 2010, 1:51 p.m.: 20101110-IR-326100342FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


SECTION 4. 326 IAC 1-4-64 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-64 Pike County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17


Sec. 64. The following attainment status designations are applicable to Pike County:
Pollutant  Designation 
SO2  Better than national standards. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Unclassifiable or attainment effective June 15, 2004, for the 8-hour ozone standard.1 
PM2.5  Attainment effective October 27, 2011, for the annual PM2.5 standard for Washington Township. 
PM10  Unclassifiable effective November 15, 1990. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Unclassifiable or attainment effective October 18, 2000, for the 1-hour ozone standard which was revoked effective June 15, 2005. 
(Air Pollution Control Board; 326 IAC 1-4-64; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


SECTION 5. 326 IAC 1-4-65 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-65 Porter County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15


Sec. 65. The following attainment status designations are applicable to Porter County:
Pollutant  Designation 
SO2  Cannot be classified for the area bounded on the north by Lake Michigan; on the west by the Lake County and Porter County line; on the south by I-80 and I-90; and on the east by the LaPorte County and Porter County line. The remainder of Porter County is better than national standards. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Attainment effective May 11, 2010, for the 8-hour ozone standard.1 
PM2.5  Attainment effective February 6, 2012, for the annual PM2.5 standard. 
PM10  Unclassifiable effective November 15, 1990. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Nonattainment Severe 17 effective November 15, 1990, for the Chicago-Gary-Lake County area, including Porter County, for the 1-hour ozone standard which was revoked effective June 15, 2005. 
(Air Pollution Control Board; 326 IAC 1-4-65; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Oct 15, 2010, 1:51 p.m.: 20101110-IR-326100342FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


SECTION 6. 326 IAC 1-4-74 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-74 Spencer County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17


Sec. 74. The following attainment status designations are applicable to Spencer County:
Pollutant  Designation 
SO2  Better than national standards. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Unclassifiable or attainment effective June 15, 2004, for the 8-hour ozone standard.1 
PM2.5  Attainment effective October 27, 2011, for the annual PM2.5 standard for Ohio Township. 
PM10  Unclassifiable effective November 15, 1990. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Unclassifiable or attainment effective October 18, 2000, for the 1-hour ozone standard which was revoked effective June 15, 2005. 
(Air Pollution Control Board; 326 IAC 1-4-74; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


SECTION 7. 326 IAC 1-4-83 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-83 Vanderburgh County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17


Sec. 83. The following attainment status designations are applicable to Vanderburgh County:
Pollutant  Designation 
SO2  Better than national standards. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Attainment effective January 30, 2006, for the Evansville area, including Vanderburgh County, for the 8-hour ozone standard.1 
PM2.5  Attainment effective October 27, 2011, for the annual PM2.5 standard. 
PM10  Unclassifiable effective November 15, 1990. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Attainment effective October 18, 2000, for the 1-hour ozone standard for the Evansville area, including Vanderburgh County, and is a maintenance area for the 1-hour ozone National Ambient Air Quality Standards (NAAQS) for purposes of 40 CFR 51, Subpart X*. The 1-hour designation was revoked effective June 15, 2005. 

*These documents are incorporated by reference. Copies referenced in this section may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
(Air Pollution Control Board; 326 IAC 1-4-83; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


SECTION 8. 326 IAC 1-4-88 IS AMENDED TO READ AS FOLLOWS:

326 IAC 1-4-88 Warrick County

Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17


Sec. 88. The following attainment status designations are applicable to Warrick County:
Pollutant  Designation 
SO2  Cannot be classified. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Attainment effective January 30, 2006, for the Evansville area, including Warrick County, for the 8-hour ozone standard.1 
PM2.5  Attainment effective October 27, 2011, for the annual PM2.5 standard. 
PM10  Unclassifiable effective November 15, 1990. 
NO2  Cannot be classified or better than national standards. 
Pb  Not designated. 
1Unclassifiable or attainment effective October 18, 2000, for the 1-hour ozone standard which was revoked effective June 15, 2005. 

*These documents are incorporated by reference. Copies referenced in this section may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
(Air Pollution Control Board; 326 IAC 1-4-88; filed Dec 26, 2007, 1:43 p.m.: 20080123-IR-326070308FRA; filed Jun 7, 2012, 11:21 a.m.: 20120704-IR-326110742FRA)


LSA Document #11-742(F)
Findings and Determination of the Commissioner Pursuant to IC 13-14-9-8: 20111221-IR-326110742FDA
Hearing Held: May 2, 2012
Approved by Attorney General: June 5, 2012
Approved by Governor: June 7, 2012
Filed with Publisher: June 7, 2012, 11:21 a.m.
Documents Incorporated by Reference: None Received by Publisher
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, (317) 232-8172 or (800) 988-7901, ctap@idem.in.gov
Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-01 IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386 or (800) 451-6027, bbaughn@idem.in.gov

Posted: 07/04/2012 by Legislative Services Agency

DIN: 20120704-IR-326110742FRA
Composed: Aug 22,2014 9:59:28AM EDT
A PDF version of this document.