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.

First Notice of Comment Period: February 13, 2019, Indiana Register (DIN: 20190213-IR-326190082FNA).

Vertellus, a chemical manufacturing company in Indianapolis, Indiana, submitted a letter to IDEM requesting revisions to its particulate matter (PM) emission limits listed in 326 IAC 6.5-6-31. These revisions remove units that are no longer operating or have been demolished at the facility, make changes to PM limits on other units impacted by the  United  States  Environmental Protection  Agency's (U.S. EPA) recently adopted sulfur dioxide (SO₂) limits at 326 IAC 7-4-2.1(a)(4), update existing language, and add new language pertaining to the types of gases burned in certain units.

The 2010 1-hour SO₂ limits were incorporated into Indiana's State Implementation Plan (SIP) on January 1, 2017, as a result of U.S. EPA's nonattainment designation based on Marion County's 1-hour SO₂ monitoring data. This data was measured from 2010 through 2012, and was found to exceed the 1-hour National Ambient Air Quality Standard (NAAQS) of 75 parts per billion. Consequently, SO₂ SIP emission limits were revised for all sources listed in the Marion County SO₂ SIP at 326 IAC 7-4-2.1, in order to demonstrate attainment of the new 1-hour SO₂ standard.

Previously, petroleum oil was burned at several Vertellus units, which helped contribute to monitored violations of the 1-hour SO₂ standard in Marion County. These units have since switched to burning natural gas, which reduces SO₂ emissions and allows Vertellus to remain in compliance with its revised SO₂ limits to ensure continued attainment of the 1-hour SO₂ standard. Revisions to the PM emission limits at 326 IAC 6.5-6-31 are needed for consistency with the process changes that Vertellus must make to comply with the new SO₂ standards.

Additionally, language is being added at 326 IAC 6.5-6-31(b)(2) to indicate that certain units burn both natural and landfill gases. Increases in several emission limits shown in the chart represent adjustments in the potential amount of natural gas a unit can burn rather than the actual amount of gas burned, and modeling has shown no increased emission concentrations at the modeled receptors. Vertellus anticipates that switching from petroleum fuels to natural gas, as well as reducing the amount of landfill gas burned, will result in an emissions decrease of 14.1 tons per year as compared to the amount currently listed in Indiana's SIP, and allow the area to demonstrate attainment of U.S. EPA's NAAQS. Once the revisions in this rulemaking are completed, IDEM will submit the final rule to U.S. EPA as a SIP 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.

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 have a positive fiscal impact for Vertellus, because the revisions to the PM emission limits for its equipment will allow Vertellus to comply with recently revised SO₂ limits. Making no changes to 326 IAC 6.5-6-31 may result in greater SO₂ emissions and potentially contribute to a nonattainment designation in the area.

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).

IDEM requested public comment from February 13, 2019, through March 15, 2019, on alternative ways to achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no comments in response to the First Notice of Comment Period.

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 #19-82 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, 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 13, 2020. 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 6.5-6-31 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 31. (a) Vertellus Agriculture & Nutrition Specialties LLC in Marion County shall meet the following emission limits:

(b) In addition to complying with subsection (a), Vertellus Agriculture & Nutrition Specialties LLC shall comply with the following:

Notice of Public Hearing

DIN: 20200212-IR-326190082SNA

Composed: Apr 24,2024 3:50:38PM EDT

A PDF version of this document.