TITLE 326 AIR POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 326 IAC 6.5-6-31, concerning revisions to the particulate matter (PM) emission limits requested by Vertellus Integrated Pyridines, LLC (Vertellus). IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

On May 3, 2018, Vertellus, a chemical manufacturing company in Indianapolis, Indiana, submitted a letter to IDEM requesting revisions to its PM emission limits listed in 326 IAC 6.5-6-31. These revisions remove processes (units) that are no longer operating at the facility, as well as make changes to PM limits on other units impacted by the recently adopted sulfur dioxide (SO₂) limits found in 326 IAC 7-4-2.1(a)(4).

Vertellus requests the removal of certain units from Indiana's rule at 326 IAC 6.5-6-31, as these units have either been demolished or are no longer operational and have been removed from the Title V operating permit. Additionally, Vertellus is requesting revisions to language in 326 IAC 6.5-6-31(b)(1) to indicate that certain units only burn natural gas in order to comply with the recently adopted SO₂ limits.

Vertellus is also requesting a section to be added to 326 IAC 6.5-6-31(b), asking that two units be listed as subject to 326 IAC 6.5-1-2(b)(3), as these units only burn natural and landfill gases. Removing the option for units to burn petroleum fuels, as well as reducing the use of landfill gas, makes the use of natural gas necessary, and therefore requires that the PM emission limits be revised.

Finally, Vertellus requests revisions to 326 IAC 6.5-6-31(a) regarding the tons per year PM emission limits for the units listed in the rule. Vertellus anticipates that changes to the PM emission limits will result in a decrease of 14.1 tons per year from the PM emission limits currently listed in the rule. Once the revisions in this rulemaking are completed, IDEM will submit the final rule to U.S. EPA as a state implementation plan revision.

IDEM seeks comment on the affected citations listed, including suggestions for specific language, any other provisions of Title 326 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking.

40 CFR 50, National Primary and Secondary Ambient Air Quality Standards.

Potential Fiscal Impact of Alternative 1. This alternative will have a positive fiscal impact for Vertellus by allowing the source to operate using the appropriate PM emission limits for its equipment. This alternative also allows Vertellus to maintain consistency with its Title V operating permit.

Potential Fiscal Impact of Alternative 2. This alternative would have a negative fiscal impact for Vertellus. Making no changes to 326 IAC 6.5-6-31 would prevent Vertellus from operating under appropriate PM emission limits and may cause it to further contribute to SO₂ emissions in the area. This may result in fines for the source and create a negative economic impact for the surrounding area.

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 CTAP 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:

Angela Taylor

IDEM Small Business Regulatory Coordinator/CTAP Small Business Liaison

IGCN 1316

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 233-0572 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Katelyn Colclazier

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 431-1560

kcolclazier@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(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:

Erin Moorhous

IDEM Small Business Assistance Program Ombudsman/Business, Agricultural, and Legislative Liaison

IGCN 1301

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 232-8921 or (800) 451-6027

emoorhou@idem.in.gov

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).

At this time, IDEM solicits the following:

(1) The submission of alternative ways to achieve the purpose of the rule.

(2) The submission of suggestions for the development of draft rule language.

Comments may be submitted in one of the following ways:

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

LSA Document #19-82 Vertellus Emission Limits Update

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 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, in order 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 March 15, 2019. 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).

Christine Pedersen, Section Chief

Rules Development Branch

Office of Legal Counsel

DIN: 20190213-IR-326190082FNA

Composed: Apr 23,2024 3:05:57AM EDT

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