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-IR- Database: Indiana Register

TITLE 326 AIR POLLUTION CONTROL DIVISION

Emergency Rule
LSA Document #13-26(E)

DIGEST

Temporarily amends 326 IAC 1-4 to add the federal designation for part of Dearborn County including Lawrenceburg Township, Lake County, and Porter County to nonattainment of the 2008 8-hour ozone (O3) standard. Statutory authority: IC 4-22-2-37.1(a)(13). The original emergency document, LSA Document #12-467(E), posted at 20120815-IR-326120467ERA, effective August 9, 2012, expired November 9, 2012. Effective January 15, 2013.


SECTION 1. (a) This SECTION supersedes 326 IAC 1-4-16.

(b) The following attainment status designations are applicable to Dearborn County:
Pollutant  Designation 
SO2  Cannot be classified. 
CO  Unclassifiable or attainment effective November 15, 1990. 
O3  Nonattainment effective July 20, 2012, for the 8-hour ozone standard.1 
PM2.5  Attainment effective December 23, 2011, for the annual PM2.5 standard for Lawrenceburg 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1Unclassifiable or attainment effective October 18, 2000, for the 1-hour ozone standard which was revoked effective June 15, 2005. 

SECTION 2. (a) This SECTION supersedes 326 IAC 1-4-46.

(b) 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  40 CFR 81.315 as amended by 77 FR 34228.1,2 
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Severe 17 effective November 15, 1990, for the Chicago-Gary-Lake County area for the 1-hour ozone standard which was revoked effective June 15, 2005. 
2The department is filing a legal challenge to U.S. EPA's designation in 77 FR 34228 and seeking a stay of effectiveness of this designation. 

SECTION 3. (a) This SECTION supersedes 326 IAC 1-4-65.

(b) 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  40 CFR 81.315 as amended by 77 FR 34228.1,2 
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. 
2The department is filing a legal challenge to U.S. EPA's designation in 77 FR 34228 and seeking a stay of effectiveness of this designation. 

SECTION 4. A variance request from the requirements of this document shall be made in accordance with IC 13-14-8-8.

LSA Document #13-26(E)
Filed with Publisher: January 15, 2013, 8:51 a.m.

Posted: 01/23/2013 by Legislative Services Agency

DIN: 20130123-IR-326130026ERA
Composed: Sep 23,2014 7:04:43PM EDT
A PDF version of this document.