TITLE 326 AIR POLLUTION CONTROL BOARD

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 326 IAC 7 concerning sulfur dioxide (SO₂) emission limitations and monitoring. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

The United States Environmental Protection Agency (U.S. EPA) issued a revised primary national ambient air quality standard (NAAQS) for sulfur dioxide in the June 22, 2010, Federal Register published at 75 FR 35520. The largest sources of SO₂ emissions are from fossil fuel combustion at power plants and other industrial facilities. Smaller sources of SO₂ emissions include industrial processes, such as extracting metal from ore, and the burning of high sulfur containing fuels by locomotives, large ships, and nonroad equipment.

U.S. EPA first established standards for SO₂ in 1971, setting a 24-hour primary standard at 140 parts per billion (ppb) and an annual average standard at 30 ppb to protect health. U.S. EPA also set a 3-hour average secondary standard at 500 ppb to protect public welfare. Based on new studies, U.S. EPA determined that the 1971 24-hour and annual primary standards are not sufficient to protect public health with an adequate margin of safety. Therefore, with the final rule published in the June 22, 2010, Federal Register, U.S. EPA strengthened the NAAQS for SO₂ by establishing a new 1-hour standard at a level of 75 ppb to reduce human exposure to high short-term (five minutes to 24 hours) concentrations of SO₂. U.S. EPA revoked the two existing primary standards (140 ppb 24-hour standard and 30 ppb annual average standard) and kept the secondary standard.

U.S. EPA also set a new form for the standard. This new form is the 3-year average of the 99th percentile of the annual distribution of daily maximum 1-hour average concentrations. U.S. EPA is also revising the ambient air monitoring requirements for SO₂. States will need to make adjustments to the existing monitoring network in order to ensure that monitors meeting the network design regulations for the new 1-hour SO₂ standard are sited and operational by January 1, 2013.

IDEM amended 326 IAC 1-3-4 in 2010 (LSA Document #10-495) to incorporate the revised standard into the state rule. This rulemaking will revise emission limitations and monitoring requirements in 326 IAC 7 to address state implementation plan (SIP) development requirements for counties designated as nonattainment or unclassifiable for the new 1-hour standard. States were required to submit their initial area designation recommendations to U.S. EPA no later than June 2, 2011, and final area designation decisions will be made by U.S. EPA in 2012 based on data from SO₂ monitors currently in place and any refined modeling by states. Preliminary analysis indicates that Indiana has nine counties with monitored violations of the 1-hour standard, and at least one additional county contributing to a monitored violation in an adjacent county. Modeling analyses that Indiana is currently undertaking will be used to evaluate how various counties should be designated. Emission limits in 326 IAC 7 will need to be revised or added for sources located in counties designated as nonattainment, or unclassifiable. In order to address a short-term standard, IDEM is also considering revising the SO₂ monitoring requirements in 326 IAC 7 to address the monitoring requirements that will be necessary for the new 1-hour SO₂ NAAQS. IDEM is starting this rulemaking while the analysis continues and requirements are further refined. IDEM will also update 326 IAC 7 because many of the sources listed in 326 IAC 7 are now closed.

Alternative 1. Amend/add emission limitations and monitoring requirements to 326 IAC 7 as needed to address the new federal 1-hour SO₂ NAAQS.

Alternative 2. Do not amend 326 IAC 7.

The revised primary NAAQS for SO₂ published in the June 22, 2010, Federal Register (75 FR 35520) and any additional implementation guidance developed by U.S. EPA will be used to develop applicable emission limitations and monitoring requirements for sources that emit SO₂ in Indiana.

Potential Fiscal Impact of Alternative 1. IDEM cannot quantify the fiscal impact of this rulemaking at this time. As emission limitations and monitoring requirements are developed, IDEM will evaluate the fiscal impact of the proposed requirements. Affected sources may need to install additional air pollution control devices to meet the requirements proposed.

Potential Fiscal Impact of Alternative 2. There is no fiscal impact associated with this alternative. IDEM is required by federal law to address the revised 1-hour SO₂ standard.

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:

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Alison Beumer

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

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

Ryan Asberry

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 232-8962

smallbizombudsman@iedc.in.gov

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

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

At this time, no workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Susan Bem, Rule and State Implementation Plan Development Section, Office of Air Quality at (317) 233-5697 or (800) 451-6027 (in Indiana).

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.

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:

#11-356 (APCB) 1-Hour SO₂ Rule

Susan Bem Mail Code 61-50

Rule and SIP Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5967, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rule and State Implementation Plan Development Section at (317) 234-6530.

Comments must be postmarked, faxed, or hand delivered by July 29, 2011.

Additional information regarding this action may be obtained from Susan Bem, Rule and State Implementation Plan Development Section, Office of Air Quality, (317) 233-5697 or (800) 451-6027 (in Indiana).

Scott Deloney, Chief

Air Programs Branch

Office of Air Quality

DIN: 20110629-IR-326110356FNA

Composed: Apr 19,2024 11:53:19PM EDT

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