TITLE 326 AIR POLLUTION CONTROL BOARD
FIRST NOTICE OF COMMENT PERIOD
LSA Document #09-492
DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING THE AIR PERMIT REVIEW RULES: LONG-TERM
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at
326 IAC 2 that would streamline, consistent with federal requirements, Indiana's air permit review rules. This rulemaking is part of an initiative (Article 2 Initiative) that proposes to amend
326 IAC 2 and any related rules in Title 326 to improve the efficiency of issuing permits. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. IDEM is planning to convene a workgroup to assist with this rulemaking. Amendments contemplated as part of this rulemaking may require more extensive deliberation and consultation with the planned workgroup and U.S. EPA.
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
A key function of IDEM's Office of Air Quality is to manage Indiana's air permitting program. A priority of the department is to improve the process of reviewing air permit applications and issuing air permits. This rulemaking is part of a proposed initiative consisting of two rulemakings affecting
326 IAC 2 and other rules in Title 326 that relate to issuing air permits. The goal of the Article 2 Initiative is to achieve an efficient permitting process that continues to protect the environment, is less burdensome for the regulated community, and benefits the citizens of Indiana while ensuring that IDEM's Office of Air Quality permitting resources are being used effectively.
IDEM is currently working on several other rulemakings in Article 2, LSA Document #07-372 (Development of Amendments to Rules Concerning Corrections and Clarifications to Permit Rules), which includes revisions to the Article 2 rules identified by the U.S. EPA, and LSA Document #09-493 (Development of Amendments to Rules Concerning the Air Permit Review Rules), which includes amendments to Article 2 that the department plans to complete in a shorter timeframe.
Amendments contemplated as part of this rulemaking will require more extensive deliberation and consultation with the workgroup and U.S. EPA. Examples of categories of changes being considered as part of this rulemaking include the following:
(1) Creating new general permits, such as woodworking or surface coating federally enforceable state operating permits.
(2) Creating or revising current source specific operating agreements and permit by rules. For example the current source specific operating agreements for boilers do not allow for biofuels.
(3) Combining or streamlining, or both, overlapping permit programs. For example, currently there is a source specific operating agreement and a permit by rule for grain elevators.
(4) Adding permit revision applicability to clearly define what would trigger a higher permit level. For example, revisions to
326 IAC 2-9 could allow a federally enforceable state operating permit source to lower its limits without being considered significant.
(5) Removing nonvalue added steps in the permit process. For example, deleting administrative requirements that are not required by federal rule or state statute and that do not provide value to the public or the applicant.
IDEM is requesting public comment on specific citations or changes to Article 2 rule or other rules in Title 326 relating to air permitting that should be included in this rulemaking. All comments submitted during this comment period will be considered during the workgroup process and will assist the department in determining whether the issues raised would be best addressed in this rulemaking or the near-term Article 2 rulemaking (LSA Document #09-493). The Article 2 Initiative may result in additional rulemakings, if warranted, to comprehensively address proposed rule changes identified by this first notice and comments received.
This rulemaking could potentially impact anyone required to obtain an air permit in Indiana. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
Alternatives to Be Considered Within the Rulemaking
Alternative 1. Amend
326 IAC 2 and any other provisions in Title 326 in order to correct, clarify, add, delete, or address consistency issues with existing rule language.
• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? No.
• Is this alternative imposed by federal law or is there a comparable federal law? No.
• If it is a federal requirement, is it different from federal law? Not applicable.
• If it is different, describe the differences. Not applicable.
• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? No.
• Is this alternative imposed by federal law or is there a comparable federal law? No.
• If it is a federal requirement, is it different from federal law? Not applicable.
• If it is different, describe the differences. Not applicable.
40 CFR 51 (Requirements for Preparations, Adoption, and Submittal of Implementation Plans); 40 CFR 52 (Approval and Promulgation of Implementation Plans); 40 CFR 60 (Standards of Performance for New Stationary Sources); 40 CFR 61 (National Emission Standards of Hazardous Air Pollutants); 40 CFR 63 (National Emission Standards of Hazardous Air Pollutants for Source Categories); 40 CFR 70 (State Operating Permit Programs).
Potential Fiscal Impact of Alternative 1. IDEM expects low to moderate fiscal impact for this alternative. Sources subject to
326 IAC 2 should be able to clearly identify the permitting requirements to which they are subject.
Potential Fiscal Impact of Alternative 2. There would be no fiscal impact because no changes would be made to the existing rule.
Small Business Assistance Information
IDEM established a compliance and technical assistance (CTAP) program 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:
http://www.in.gov/idem/4108.htm
Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:
Alison Surface
IDEM Compliance and Technical Assistance Program - OPPTA
MC 60-04 - IGCS W041
100 North Senate Avenue
Indianapolis, IN 46204-2251
(317) 232-8172 or (800) 988-7901
ctap@idem.in.gov
The Small Business Assistance Program Ombudsman is:
Brad Baughn
IDEM Small Business Assistance Program Ombudsman
MC 50-01 - IGCN 1307
100 North Senate Avenue
Indianapolis, IN 46204-2251
(317) 234-3386
bbaughn@idem.in.gov
Public Participation and Workgroup Information
IDEM is establishing a workgroup for this rulemaking. The first workgroup meeting is scheduled for September 16, 2009, at 1:00 p.m. at the Indiana Government Center South, 402 West Washington Street, Conference Center Room C, Indianapolis, Indiana. If you wish to provide comments to the workgroup on the rulemaking, attend meetings, or have suggestions related to the workgroup process, please contact Amy Smith, Rules Development Branch, Office of Legal Counsel at (317) 233-8628 or (800) 451-6027 (in Indiana) or e-mail at asmith@idem.in.gov. Please provide your name, phone number, and e-mail address, if applicable, where you can be contacted. The public is also encouraged to submit comments and questions to members of the workgroup who represent their particular interests in the rulemaking.
STATUTORY AND REGULATORY REQUIREMENTS
IC 13-14-8-4 requires the board to consider the following factors in promulgating rules:
(1) All existing physical conditions and the character of the area affected.
(2) Past, present, and probable future uses of the area, including the character of the uses of surrounding areas.
(3) Zoning classifications.
(4) The nature of the existing air quality or existing water quality, as the case may be.
(5) Technical feasibility, including the quality conditions that could reasonably be achieved through coordinated control of all factors affecting the quality.
(6) Economic reasonableness of measuring or reducing any particular type of pollution.
(7) The right of all persons to an environment sufficiently uncontaminated as not to be injurious to human, plant, animal, or aquatic life or to the reasonable enjoyment of life and property.
REQUEST FOR PUBLIC COMMENTS
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.
Mailed comments should be addressed to:
#09-492 (APCB) Article 2 Initiative-Long Term
Amy Smith Mail Code 61-49
c/o Administrative Assistant
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, Indiana 46204
Hand delivered comments will be accepted by the IDEM receptionist on duty at the thirteenth floor east reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.
Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5517, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 233-8903.
Comments must be postmarked, faxed, or hand delivered by August 21, 2009.
Additional information regarding this action may be obtained from Amy Smith, Rules Development Branch, Office of Legal Counsel, (317) 233-8628 or (800) 451-6027 (in Indiana).
Nancy King, Chief
Rules Development Branch
Office of Legal Counsel
Posted: 07/22/2009 by Legislative Services Agency
DIN: 20090722-IR-326090492FNA
Composed: Apr 20,2024 8:31:58AM EDT
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