TITLE 326 AIR POLLUTION CONTROL DIVISION
IC 13-14-9.5-1.1 NOTICE OF REVIEW OF NONEXPIRING RULES
LSA Document #21-120
This is a notice of rule review as described in
IC 13-14-9.5-1.1. Certain rules described in
IC 13-14-9.5-1.1 do not expire after seven years. These types of rules are: (1) rules required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; and (2) rules required to begin or continue receiving federal funding for implementation or operation of a program.
The Indiana Department of Environmental Management (IDEM) is required to publish a list of these rules that have been effective for seven years and request comment, in a 30 day comment period, on any specific rule that should be reviewed through the regular rulemaking process under
IC 13-14-9. IDEM must also notice a public hearing before the Environmental Rules Board (board). IDEM will respond to all comments received during the comment period and provide the comments and responses to the board during the public hearing. The board, after considering the comments, responses, and testimony at the hearing, will direct IDEM on whether additional rulemaking actions must be started to address concerns raised to the board.
IC 13-14-9.5-1 provides that chapter 9.5 does not apply to "a rule that incorporates a federal regulation by reference or adopts under a federal mandate a federal regulation in its entirety without substantive additions." Therefore, those rules are not subject to this notice of readoption; however, for the reader's information, a list of exempt rules is included in this notice.
IC 13-14-9-4(a)(5) THROUGH IC 13-14-9-4(a)(7) IDENTIFICATION OF RESTRICTIONS AND REQUIREMENTS NOT IMPOSED UNDER FEDERAL LAW
IC 13-14-9.5-1.1 requires this notice to contain the information described under
IC 13-14-9-4(a)(5) through
IC 13-14-9-4(a)(7) regarding restrictions and requirements of the listed rules that are not imposed under federal law. No element of the listed rules imposes either a restriction or requirement on persons to whom the rule applies that is not imposed under federal law. The listed rules establish requirements to implement the Clean Air Act (CAA). The CAA authorizes comprehensive federal and state regulations to limit air pollution. The sections that do not expire are all part of or support federally approved programs. These rules are authorized under
IC 13-17-3-4 and
IC 13-17-3-11.
LIST OF RULES THAT DO NOT EXPIRE
The following is a list of rules in
326 IAC that have been effective for seven years and are: (1) required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; or (2) required to begin or continue receiving federal funding for implementation or operation of a program:
| | |
| 326 IAC 1-2-6.5 | "Board" defined |
| 326 IAC 2-2-1 | Definitions |
| 326 IAC 2-7-1 | Definitions |
| 326 IAC 5-1-8 | Site-specific temporary alternative opacity limitations |
| 326 IAC 6-7-1 | Southern Indiana Gas and Electric Company (SIGECO) |
| 326 IAC 6.5-2-1 | General provisions |
| 326 IAC 6.5-2-4 | ESSROC Cement Corporation |
| 326 IAC 6.5-2-8 | Kimball Office-Borden |
| 326 IAC 6.5-2-9 | PQ Corporation |
| 326 IAC 6.5-3-1 | General provisions |
| 326 IAC 6.5-3-2 | Anchor Glass Container Corporation |
| 326 IAC 6.5-3-3 | Dearborn Ready Mix, LLC |
| 326 IAC 6.5-3-4 | Indiana Michigan Power, Tanners Creek Plant |
| 326 IAC 6.5-3-5 | Laughery Gravel |
| 326 IAC 6.5-4-1 | General provisions |
| 326 IAC 6.5-4-3 | Jasper Seating Co., Inc., Plant No. 3 |
| 326 IAC 6.5-4-5 | Dubois County Farm Bureau Co-op |
| 326 IAC 6.5-4-6 | Indiana Desk Company |
| 326 IAC 6.5-4-10 | Indiana Dimension, Indiana Furniture Industries |
| 326 IAC 6.5-4-15 | Jasper Chair Company, Inc. |
| 326 IAC 6.5-4-16 | Jasper Desk Company, Incorporated |
| 326 IAC 6.5-4-18 | Jasper Municipal Electric Utility |
| 326 IAC 6.5-4-19 | JOFCO Inc. Plants 1 and 2 |
| 326 IAC 6.5-4-21 | Jasper Seating |
| 326 IAC 6.5-5-1 | General provisions |
| 326 IAC 6.5-5-10 | Kokomo Grain Company |
| 326 IAC 6.5-5-11 | E & B Paving, Inc. |
| 326 IAC 6.5-5-16 | Martin Marietta Materials, Inc. |
| 326 IAC 6.5-6-1 | General provisions |
| 326 IAC 6.5-6-5 | Bunge North America (East), Inc. |
| 326 IAC 6.5-6-18 | Cargill, Inc. |
| 326 IAC 6.5-6-22 | Indiana Veneers Corporation |
| 326 IAC 6.5-6-23 | Citizens Thermal Energy C.C. Perry K |
| 326 IAC 6.5-6-23.1 | Indianapolis Power and Light Company (IPL) Harding Street Station |
| 326 IAC 6.5-6-28 | Quemetco Inc. (RSR Corporation) |
| 326 IAC 6.5-6-34 | St. Vincent's Hospital and Health Care Service |
| 326 IAC 6.5-6-35 | Belmont Waste Water Sludge Incinerator |
| 326 IAC 6.5-7-1 | General provisions |
| 326 IAC 6.5-7-6 | Bosch Braking Systems Corporation |
| 326 IAC 6.5-7-10 | RACO-Hubbell Electric Products |
| 326 IAC 6.5-7-11 | Reith Riley Construction Company, Inc. |
| 326 IAC 6.5-7-13 | Holy Cross Services Corporation (Saint Mary's Campus) |
| 326 IAC 6.5-7-14 | Accucast Technology, LLC |
| 326 IAC 6.5-7-16 | University of Notre Dame du Lac |
| 326 IAC 6.5-7-18 | Walsh & Kelly, Inc. |
| 326 IAC 6.5-8-1 | General provisions |
| 326 IAC 6.5-8-11 | Nunn Milling Company, Inc. |
| 326 IAC 6.5-8-12 | Land O' Lakes Purina Feed LLC |
| 326 IAC 6.5-8-13 | Southern Indiana Gas and Electric Company, Broadway Avenue Generating Station |
| 326 IAC 6.5-8-14 | Whirlpool Corporation Highway 41 North |
| 326 IAC 6.5-9-1 | General provisions |
| 326 IAC 6.5-9-10 | S&G Excavating, Inc. |
| 326 IAC 6.5-9-11 | Duke Energy Indiana, Inc.-Wabash River Generating Station |
| 326 IAC 6.5-9-13 | Sisters of Providence |
| 326 IAC 6.5-9-15 | Terre Haute Grain |
| 326 IAC 6.5-9-17 | Ulrich Chemical, Inc. |
| 326 IAC 6.5-10-1 | General provisions |
| 326 IAC 6.5-10-2 | Barrett Paving Materials, Inc. |
| 326 IAC 6.5-10-3 | Belden Wire and Cable Company |
| 326 IAC 6.5-10-5 | Milestone Contractors LP (Cambridge City) |
| 326 IAC 6.5-10-9 | Earlham College |
| 326 IAC 6.5-10-11 | Joseph H. Hill Co. |
| 326 IAC 6.5-10-13 | Land O' Lakes Purina Feed LLC |
| 326 IAC 6.5-10-14 | Milestone Contractors Richmond |
| 326 IAC 6.5-10-15 | Richmond Power & Light-Whitewater Valley Generating Station |
| 326 IAC 6.5-10-16 | Richmond State Hospital |
| 326 IAC 6.8-2-1 | General provisions and definitions |
| 326 IAC 6.8-2-2 | Lake County: PM10 and total suspended particulates (TSP) emissions |
| 326 IAC 6.8-2-4 | ASF-Keystone, Inc.-Hammond |
| 326 IAC 6.8-2-6 | BP Products North America, Inc.-Whiting Refinery |
| 326 IAC 6.8-2-7 | Bucko Construction Company, Inc. |
| 326 IAC 6.8-2-8 | Cargill, Inc. |
| 326 IAC 6.8-2-9 | W. R. Grace and Co.-Conn. |
| 326 IAC 6.8-2-13 | Hammond Group, Inc. (HGI) Halox Division, Lead Products Division, and Hammond Expander Division |
| 326 IAC 6.8-2-14 | Hammond Group, Inc.-Halstab Division |
| 326 IAC 6.8-2-16 | Resco Products, Inc. |
| 326 IAC 6.8-2-17 | Mittal Steel-Indiana Harbor East Inc. |
| 326 IAC 6.8-2-19 | Dover Chemical Corporation-Hammond |
| 326 IAC 6.8-2-20 | LaSalle Steel Company |
| 326 IAC 6.8-2-21 | Mittal Steel-Indiana Harbor West Inc. |
| 326 IAC 6.8-2-22 | Carmeuse Lime Inc. |
| 326 IAC 6.8-2-24 | Methodist Hospital Inc. |
| 326 IAC 6.8-2-25 | National Recovery Systems |
| 326 IAC 6.8-2-26 | NIPSCo-Dean H. Mitchell Station |
| 326 IAC 6.8-2-27 | Praxair Inc. |
| 326 IAC 6.8-2-28 | Premiere Candy Company |
| 326 IAC 6.8-2-30 | Rhodia, Inc. |
| 326 IAC 6.8-2-31 | Silgan Containers Manufacturing Corporation |
| 326 IAC 6.8-2-32 | Smith Ready Mix, Inc. |
| 326 IAC 6.8-2-33 | State Line Energy, LLC |
| 326 IAC 6.8-2-35 | Conopco, Inc. d/b/a Unilever HPC USA |
| 326 IAC 6.8-2-36 | Union Tank Car Company, Plant 1 |
| 326 IAC 6.8-2-37 | United States Gypsum Company |
| 326 IAC 6.8-2-38 | U.S. Steel-Gary Works |
| 326 IAC 6.8-4-1 | Test methods |
| 326 IAC 10-6-1 | Southern Indiana Gas and Electric Company (SIGECO) |
| 326 IAC 15-1-2 | Source-specific provisions |
| 326 IAC 15-1-3 | Control of fugitive lead dust |
| 326 IAC 15-1-4 | Compliance |
| 326 IAC 20-13.1-3 | Emission limitations; lead standards for Exide Technologies, Incorporated |
| 326 IAC 20-13.1-6 | Total enclosure requirements |
| 326 IAC 20-13.1-10 | Other requirements |
| 326 IAC 20-13.1-14 | Record keeping and reporting requirements |
| 326 IAC 26-2-2 | Alcoa emission limitations and compliance methods |
REQUEST FOR PUBLIC COMMENTS
At this time, IDEM solicits comments on the nonexempt rules listed above that should be reviewed through the regular rulemaking process under
IC 13-14-9. IDEM requests that specific changes and language suggestions accompany the comments. Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #21-120 2021 Title 326 Rule Review
Keelyn Walsh
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204
(2) 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 email address indicated in this notice.
Contact Karla Kindrick at kkindric@idem.in.gov or (317) 232-8922 if another method of submitting comments within the comment period is desired. 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 or time stamped not later than April 30, 2021.
Additional information regarding this action may be obtained from Keelyn Walsh, Rules Development Branch, Office of Legal Counsel, kwalsh@idem.in.gov, (317) 232-8229 or (800) 451-6027 (in Indiana).
Christine Pedersen, Section Chief
Rules Development Branch
Office of Legal Counsel
Posted: 03/31/2021 by Legislative Services Agency
DIN: 20210331-IR-326210120BNA
Composed: May 19,2024 8:59:11AM EDT
A
PDF version of this document.