TITLE 326 AIR POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to: 326 IAC 1-4-11 and 326 IAC 1-4-23 to correct effective dates for Clark and Floyd counties for the 2012 annual particulate matter with a diameter of 2.5 microns or less (PM_2.5) National Ambient Air Quality Standard (NAAQS); 326 IAC 1-4-46 and 326 IAC 1-4-65 to reclassify Lake and Porter counties from "moderate" to "serious" nonattainment for the 2008 8-hour ozone NAAQS and to correct effective dates for the 2012 PM_2.5 NAAQS; and 326 IAC 1-4-85 to update the designation status for Vigo County from "nonattainment" to "attainment" for the 2010 primary 1-hour sulfur dioxide (SO₂) NAAQS. IDEM is soliciting written comment on the draft rule language and will schedule a public hearing before the environmental rules board (board) for consideration of adoption of these rules.

IC 13-14-9-8 recognizes that, under certain circumstances, it may be appropriate to reduce the number of public comment periods and public hearings usually provided for under the IC 13-14-9 environmental rulemaking process. In cases where the commissioner determines that there is no reasonably anticipated benefit from a second public comment period and first public hearing to either the environment or persons regulated or otherwise affected by the draft rule, IDEM may forgo these comment periods and proceed directly to the public hearing and board meeting at which the draft rule is considered for adoption. Two opportunities for public comment (with this notice and at the public hearing prior to adoption of the rule) remain under this procedure.

If the commissioner makes the determination of no anticipated benefit required by IC 13-14-9-8, the commissioner shall prepare written findings and publish those findings in the Indiana Register prior to the board meeting at which the draft rule is to be considered for adoption and include them in the board packet prepared for that meeting. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-8.

The statute provides for this shortened rulemaking process if the commissioner determines that:

(1) the rule constitutes:

(A) an adoption or incorporation by reference of a federal law, regulation, or rule that:

(i) is or will be applicable to Indiana; and

(ii) contains no amendments that have a substantive effect on the scope or intended application of the federal law or rule;

(B) a technical amendment with no substantive effect on an existing Indiana rule; or

(C) an amendment to an existing Indiana rule, the primary and intended purpose of which is to clarify the existing rule; and

(2) the rule is of such nature and scope that there is no reasonably anticipated benefit to the environment or the persons referred to in IC 13-14-9-7(a)(2) from:

(A) exposing the rule to diverse public comment under IC 13-14-9-3 or IC 13-14-9-4;

(B) affording interested or affected parties the opportunity to be heard under IC 13-14-9-3 or IC 13-14-9-4; and

(C) affording interested or affected parties the opportunity to develop evidence in the record collected under IC 13-14-9-3 and IC 13-14-9-4.

This rulemaking addresses the designation tables in 326 IAC 1-4 for three different pollutants and five counties. This rulemaking will update the state rule for consistency with the current federal designations for these counties in the Code of Federal Regulations (CFR) at 40 CFR 81.315.

On July 8, 2019, the United States Environmental Protection Agency (U.S. EPA) published the redesignation of Fayette and Harrison townships in Vigo County for the 2010 SO₂ NAAQS from nonattainment to attainment in the Federal Register (84 FR 32317). State air permits must be issued in accordance with either the designations in 326 IAC 1-4 or an effective emergency rule that supersedes the existing state rule. Because certain permitting requirements are different for attainment and nonattainment areas, it is critical that the state rules reflect the correct attainment status for each county in the state.

On July 11, 2019, U.S. EPA published a correction in the Federal Register (84 FR 33008) to amend the effective dates of the redesignation of certain areas in Indiana for the 2012 PM_2.5 NAAQS, including Clark, Floyd, Lake, and Porter counties. This rulemaking will update the effective dates as well as update the designation status from unclassifiable to unclassifiable or attainment for consistency with the federal language in 40 CFR 81.315.

On August 23, 2019, U.S. EPA finalized its determination that the Chicago nonattainment area, which includes Lake and Porter counties in Indiana that are currently classified as moderate nonattainment, failed to attain the 2008 8-hour ozone NAAQS using 2015 through 2017 monitoring data by the attainment date of July 20, 2018 (84 FR 44238). As required by Section 181(b)(2)(A) of the Clean Air Act, the area has been reclassified to serious nonattainment by U.S. EPA for the 2008 8-hour ozone NAAQS.

This rulemaking will allow the regulated entities to be properly permitted and update the county designation tables to be consistent with federal requirements.

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. It is a direct adoption of federal requirements that are applicable to Indiana and contain no amendments that have a substantive effect on the scope or application of the federal rule.

There is no fiscal impact from the implementation of this rule beyond that already imposed by federal law.

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 Krystal Hackney, Rules Development Branch, Office of Legal Counsel at (317) 232-3158 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 findings regarding this rulemaking to update the designation status for the 2010 SO₂ standard for a portion of Vigo County, Indiana; reclassify Lake and Porter counties for the 2008 8-hour ozone NAAQS; and update the 2012 PM_2.5 effective dates for Clark, Floyd, Lake, and Porter counties as required by federal rule. These findings are prepared under IC 13-14-9-8 and are as follows:

(1) This rule is the direct adoption of federal requirements that are applicable to Indiana, and it contains no amendments that have a substantive effect on the scope or intended application of the federal rule.

(2) Indiana is required by federal and state law to adopt the redesignation of certain townships in Vigo County for the 2010 SO₂ NAAQS as established by U.S. EPA.

(3) Indiana is required by federal and state law to adopt the updates and corrections for the 2012 PM_2.5 NAAQS for Clark, Floyd, Lake, and Porter counties.

(4) Indiana is required by federal and state law to adopt the reclassification for the 2008 8-hour ozone NAAQS for Lake and Porter counties.

(5) The environment and persons regulated or otherwise affected by the draft rule will benefit from prompt adoption of this rule, because it will allow sources of certain air pollutants to be properly permitted in relation to the 2010 SO₂ standards and the 2008 8-hour ozone standards.

(6) I have determined that, under the specific circumstances pertaining to this rule, there would be no reasonably anticipated benefit to the environment or to persons regulated or otherwise affected by the draft rule from the first or second written comment period under IC 13-14-9-3 or IC 13-14-9-4, or from the first public hearing under IC 13-14-9-5(a)(1).

(7) 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 #20-10 SO₂ Redesignations, 2008 8-Hour Ozone Reclassifications, and PM_2.5 Updates

Krystal Hackney

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 khackney1@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 February 28, 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 Krystal Hackney, Rules Development Branch, Office of Legal Counsel, (317) 232-3158 or (800) 451-6027 (in Indiana).

SECTION 1. 326 IAC 1-4-11 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 11. The following attainment status designations are applicable to Clark County:

SECTION 2. 326 IAC 1-4-23 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 23. The following attainment status designations are applicable to Floyd County:

SECTION 3. 326 IAC 1-4-46 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15

Sec. 46. The following attainment status designations are applicable to Lake County:

SECTION 4. 326 IAC 1-4-65 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15

Sec. 65. The following attainment status designations are applicable to Porter County:

SECTION 5. 326 IAC 1-4-85 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 85. The following attainment status designations are applicable to Vigo County:

Notice of Public Hearing

DIN: 20200129-IR-326200010FDA

Composed: Apr 25,2024 4:03:27PM EDT

A PDF version of this document.