TITLE 326 AIR POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 10-2-3, 326 IAC 10-2-4, and 326 IAC 10-2-8, and the addition of a new section 326 IAC 10-2-8.5, concerning nitrogen oxides (NO_x) monitoring requirements for certain sources. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

IC 13-14-9-7 recognizes that under certain circumstances it may be appropriate to reduce the number of public comment periods routinely provided. In cases where the commissioner determines that the rulemaking policy alternatives available to IDEM are so limited that the first notice of public comment period would provide no substantial benefit to the environment or persons to be regulated or otherwise affected by the proposed rule, IDEM may forgo this comment period and proceed directly to the second notice of public comment period.

If the commissioner makes the determination of limited rulemaking policy alternatives required by IC 13-14-9-7, the commissioner shall prepare written findings and include them in the second notice of public comment period published in the Indiana Register. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-7.

The statute provides for this shortened rulemaking process if the commissioner determines that "the rulemaking policy alternatives available to the department are so limited that the public notice and comment period under [IC 13-14-9-3] . . . would provide no substantial benefit to:

(1) the environment; or

(2) persons to be regulated or otherwise affected by the proposed rule."

Under the Clean Air Act, the United States Environmental Protection Agency (U.S. EPA) establishes and periodically revises the National Ambient Air Quality Standards (NAAQS) for certain pollutants, and gives states the primary responsibility of attaining the NAAQS through the adoption of emission control measures identified in their state implementation plans (SIP). In 1998, U.S. EPA issued the NO_x SIP Call, which identifies a "good neighbor" provision that prohibits states from emitting pollutants that contribute significantly to nonattainment or interfere with maintenance of the NAAQS in a neighboring state. This rule also called for SIP revisions from states to address these obligations, but did not mandate any particular approach for how to achieve the required emission reductions. While this provided general compliance flexibility for states, the rule contained two additional provisions that were mandatory for large electric generating units (EGUs), and large non-EGU boilers and turbines (large affected units), if states included emission control measures for these types of sources in their SIP revisions.

The first provision of the NO_x SIP Call was that any control measures imposed on these types of sources were required to include enforceable limits on the sources' seasonal NO_x mass emissions, which could include either limits on individual sources or collective limits on the group of all sources in a state. The second provision required these sources to monitor and report their seasonal NO_x mass emissions according to the requirements in the Code of Federal Regulations (CFR) at 40 CFR 75.

Indiana adopted U.S. EPA's NO_x Budget Training Program at 326 IAC 10-4 to implement the requirements of the NO_x SIP Call. Despite the fact that the NO_x Budget Training Program was discontinued in 2008, the control measures remain in effect. To address the large affected units that are no longer part of a trading program, IDEM adopted rules at 326 IAC 10-2 in 2018 to enforce the remaining NO_x SIP Call requirements that apply to these sources. Large EGUs were addressed in a separate rulemaking and are regulated by the Cross State Air Pollution Control Rules at 326 IAC 24-5, 326 IAC 24-6, and 326 IAC 24-7.

On March 8, 2019, U.S. EPA published a final rule in the Federal Register (FR) that removes the requirement for large fossil fuel boilers that are still regulated by the NO_x SIP Call to monitor NO_x emissions using the continuous emission monitoring requirements in 40 CFR 75 (84 FR 8422). This rulemaking will revise the requirement for large affected units to monitor emissions as specified in 40 CFR 75, and instead allow these sources to report emissions to IDEM at the end of the ozone season based on emission factors or continuous emission monitoring system data. Once the revisions in this rulemaking are completed, IDEM will submit the final rule to U.S. EPA as a SIP revision.

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 rulemaking will result in a positive fiscal impact for sources with large affected units that choose to use the more cost effective alternative emission monitoring options instead of continuing to monitor emissions based on monitoring requirements in 40 CFR 75.

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).

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

emoorhous@idem.in.gov

The commissioner of IDEM has prepared written findings concerning NO_x emission monitoring for large affected units that will revise monitoring requirements as specified in 40 CFR 75, and instead allow these sources to report emissions to IDEM at the end of the ozone season based on emission factors or continuous emission monitoring system data. These findings are prepared under IC 13-14-9-7 and are as follows:

(1) This rule is a direct adoption of federal amendments that are applicable to Indiana and part of Indiana's SIP that will be submitted to U.S. EPA for approval once this rulemaking is completed.

(2) The environment and persons regulated or otherwise affected by the proposed rule will benefit from prompt adoption of this rule, as it removes duplicative monitoring requirements for sources and allows for more cost effective alternative emission monitoring options.

(3) I have determined that under the specific circumstances pertaining to this rule, the rulemaking policy alternatives are so limited that the public notice and comment period provided in the notice of first public comment period would provide no substantial benefit to the environment or to persons to be regulated or otherwise affected by the rule.

(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 #19-589 Nitrogen Oxides Emission Monitoring

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 your 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, 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 December 20, 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).

SECTION 1. 326 IAC 10-2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 3. (a) The owner or operator of a large affected unit subject to this rule, and to the extent applicable, the designated representative, shall comply with the monitoring, record keeping, and reporting requirements as provided in this section and sections 4 through 8 of this rule, and in 40 CFR 75, Subpart H*, except when complying with approved alternative monitoring and reporting requirements in section 8.5 of this rule. The owner or operator of a unit that is not a large affected unit, but that is required to monitor under 40 CFR 75.72(b)(2)(ii)* for units with common stack and multiple stack configurations, shall comply with the same monitoring, record keeping, and reporting requirements as a large affected unit in this section and sections 4 through 8 of this rule.

(b) The owner or operator of each large affected unit shall do the following, except when complying with approved alternative monitoring and reporting requirements in section 8.5 of this rule:

(c) The designated representative for a large affected unit shall submit written notice to the department and U.S. EPA in accordance with 40 CFR 75.61*, except when complying with approved alternative monitoring and reporting requirements in section 8.5 of this rule.

(d) The owner or operator of a large affected unit is subject to the applicable provisions of 40 CFR 75* concerning units in long term cold storage, except when complying with approved alternative monitoring and reporting requirements in section 8.5 of this rule.

(e) The prohibitions in 40 CFR 75.70(c)* apply to any monitoring system, alternative monitoring system, alternative reference method, or any other alternative for a continuous emissions monitoring system required under this rule.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

SECTION 2. 326 IAC 10-2-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 4. (a) Except as provided in section sections 3(d) and 8.5 of this rule, the owner or operator shall meet the monitoring system certification and other requirements of section 3(b) or 8.5(e) of this rule on or before the applicable dates in this section. The owner or operator shall record, report, and quality assure the data from the monitoring systems under section 3(b)(1) or 8.5(e) of this rule on and after the following dates:

(b) The owner or operator of a large affected unit that does not meet the applicable compliance date set forth in subsection (a) for any monitoring system under section 3 of this rule shall, for each monitoring system, determine, record, and report maximum potential or, as appropriate, minimum potential, values for the following:

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

SECTION 3. 326 IAC 10-2-8 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 8. (a) The designated representative of a large affected unit shall comply with all applicable record keeping and reporting requirements in this section and 40 CFR 75.73* as follows, except when complying with approved alternative monitoring and reporting requirements in section 8.5 of this rule:

(b) The designated representative shall submit quarterly reports as follows, except when complying with approved alternative monitoring and reporting requirements in section 8.5 of this rule:

(c) Except when complying with approved alternative monitoring and reporting requirements in section 8.5 of this rule, the designated representative shall submit to U.S. EPA a compliance certification, in a format prescribed by U.S. EPA, in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification must state that:

(d) Owners and operators of each large affected unit at the source shall comply with the following record keeping and reporting requirements:

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

SECTION 4. 326 IAC 10-2-8.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 8.5. (a) Owners and operators of a large affected unit subject to this rule may substitute alternative monitoring and reporting requirements established in an operating permit in lieu of the requirements in sections 3 through 8 of this rule, if approved by the department based on the requirements in this section.

(b) To substitute alternative monitoring and reporting requirements, the owner or operator of a large affected unit shall submit an application for an operating permit or an application for a modification to an operating permit in accordance with 326 IAC 2.

(c) The application must include all of the following:

(d) Prior to the use of alternative monitoring and reporting, one (1) of the following must be specified in an operating permit issued in accordance with 326 IAC 2:

(e) The owner or operator of a large affected unit subject to alternative monitoring and reporting under this section shall meet all of the following:

(f) This section does not authorize exceptions or alternatives to any 40 CFR Part 75 monitoring requirements that apply to a source under a different legal authority.

(g) In accordance with the requirements of 40 CFR 51.122(c)(1)(i)*, the department shall report annually to U.S. EPA all NO_x emissions reported under this section.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

Notice of Public Hearing

DIN: 20191120-IR-326190589FDA

Composed: Apr 19,2024 4:46:36PM EDT

A PDF version of this document.