TITLE 326 AIR POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 26-2-2 concerning a correction to the Best Available Retrofit Technology (BART) requirements for Alcoa Power Generating Inc. (APGI), Warrick Power Station. Additionally, administrative corrections are proposed. IDEM is soliciting written comment on the draft rule language and will schedule a public hearing before the Environmental Rules 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.

Warrick Power Plant, located in Newburgh, Indiana, is a generating facility located along the Ohio River just east of Evansville that provides power to Alcoa Warrick Operations, and is one of Alcoa's largest manufacturing facilities. The power plant includes four boilers feeding steam-powered turbines generating a combined capacity of 791 megawatts.

Currently, 326 IAC 26-2-2(2)(C)(i) limits the emissions of nitrogen oxides (NO_x) by APGI to 0.38 pound per million British thermal units (lb/MMBtu) for boilers two and three. The NO_x emission limit, along with the other limits in 326 IAC 26-2, was established as best available retrofit technology (BART).

On April 30, 2013, APGI – Warrick Power Plant requested that IDEM initiate a state implementation plan (SIP) revision that would make a technical correction to 326 IAC 26-2-2(2)(C)(i). The current particulate matter (PM), sulfur dioxide (SO₂), and NO_x emission limitations for Unit 1 specified in 326 IAC 26-2-2(1) are in the form of a 24-hour daily average basis; however, the NO_x emission limit for units two and three, as indicated in 326 IAC 26-2-2(2)(C)(i) is on a 24-hour rolling average basis.

The BART analysis provides for an NO_x emission limit independent of the averaging period. The 24-hour rolling average is an error carried over from the BART analysis to the rule language, and increases the opportunity for exceedances of the standard compared to a 24-hour daily average since a new average is calculated every hour.

APGI has stated that compliance with the NO_x emission limit on a 24-hour rolling average would present an "undue hardship or burden" and was granted a variance from the requirement at 326 IAC 26-2-2(2)(C)(i) in accordance with IC 13-14-8-8. All other BART emission limits at 326 IAC 26-2-2 are in the form of a 24-hour daily average, and the 24-hour rolling average currently in this section of the rule is incorrect.

In this rulemaking, IDEM is proposing to correct the language in 326 IAC 26-2-2(2)(C)(i) as well as proposing administrative corrections.

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 technical amendment with no substantive effect on an existing Indiana rule.

Because this is a technical amendment with no substantive effect on existing Indiana rule, no impact beyond that already imposed by current Indiana rule is imposed by this rulemaking. Therefore, there will be no fiscal impact from the implementation of this rulemaking.

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 Zachary Ruzycki, 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, the monthly CTAP newsletter, 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:

Jessica Faust-Hamblin

IDEM Small Business Regulatory Coordinator

MC 60-04 IGCS W041

402 West Washington Street

Indianapolis, IN 46204-2251

(317) 232-8172 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is:

Eric P. Shields

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 234-3997

smallbizombudsman@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(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:

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

The commissioner of IDEM has prepared findings regarding rulemaking on amendments to Alcoa emission limitations and compliance methods. These findings are prepared under IC 13-14-9-8 and are as follows:

(1) This rule is a technical amendment with no substantive effect on an existing Indiana rule.

(2) The environment and persons regulated or otherwise affected by the proposed rule will benefit from prompt adoption of this rule, because it will accomplish the correction of a rule language error.

(3) 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 first or 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).

(4) 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 #13-503 Amendments to Alcoa Emissions Limitations

Zachary Ruzycki

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

Indiana Government Center North

100 North Senate Avenue

Mail Code 61-49

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) 233-8903.

(3) By electronic mail to zruzycki@idem.in.gov. To confirm timely delivery of your comments, please request a document receipt when you send 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 you are commenting on.

All comments must be postmarked, faxed, or time stamped not later than December 20, 2013. 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 Zachary Ruzycki, Rules Development Branch, Office of Legal Counsel, (317) 232-8229 or (800) 451-6027 (in Indiana).

SECTION 1. 326 IAC 26-2-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 2. Alcoa Power Generating Inc. - Warrick Power Plant, Source Identification Number 00002, and Alcoa, Inc. - Warrick Operations, Source Identification Number 00007, shall comply with the emission limitations and compliance methods as follows:

*These documents are incorporated by reference. Copies 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, Legal Counsel, Indiana Government Center North, Tenth Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

Notice of Public Hearing

DIN: 20131120-IR-326130503FDA

Composed: May 03,2024 3:59:31PM EDT

A PDF version of this document.