TITLE 326 AIR POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 326 IAC 1-4-46 and 326 IAC 1-4-65 concerning updates to the attainment designation status for Lake and Porter counties for the 2008 8-hour ozone standard, and amendments to 326 IAC 2-6-1 to update the emissions reporting requirement for the northern portions of Lake and Porter counties. 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.

On May 20, 2022, the United States Environmental Protection Agency (U.S. EPA) published a final rule in the Federal Register (FR) designating Lake and Porter counties in Indiana as attainment for the 2008 8-hour ozone standard (87 FR 30821). This determination was based on quality-assured and certified monitoring data for the 2019 through 2021 ozone season and meets the redesignation requirements under section 107(d)(3) of the Clean Air Act (CAA).

This rule amends 326 IAC 1-4-46 and 326 IAC 1-4-65 to update the attainment designation status of Lake and Porter counties to attainment for the 2008 8-hour ozone standard based on the federal rule. Additionally, this rule amends 326 IAC 2-6-1 to apply only to sources in Calumet, Hobart, North, Ross, and St. John townships in Lake County, and Center, Jackson, Liberty, Pine, Portage, Union, Washington, and Westchester in Porter County that emit either volatile organic compounds (VOCs) or oxides of nitrogen (NO_x) into the ambient air at levels equal to or greater than twenty-five tons per year (TPY) to annually report their actual emission levels to the state. These northern portions of Lake and Porter counties remain designated nonattainment for the 2015 8-hour ozone standard as a portion of the Chicago, IL-IN-WI area under section 107(d)(1)(B) of the CAA (83 FR 25776 and 86 FR 31438), and therefore are still subject to 326 IAC 2-6-1.

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 draft rule imposes no restrictions or requirements because it is a direct adoption of federal requirements that are applicable to Indiana and contains no amendments that have a substantive effect on the scope or application of the federal rule.

This rulemaking amends 326 IAC 1-4-46 and 326 IAC 1-4-65 to update the attainment designation status for the 2008 8-hour ozone standard for Lake and Porter counties, and amends 326 IAC 2-6-1 to update the emissions reporting requirement for the northern townships of Lake and Porter counties, to ensure that state rules are consistent with federal regulations. Because this rule is an adoption of federal regulations, no impact beyond that already imposed by federal law is imposed by this rulemaking. Therefore, there will be no fiscal impact from the implementation of this rulemaking.

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 kwalsh@idem.in.gov, (317) 232-8229 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:

Emily Totten

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 402-3062

etotten@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), and 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 rulemaking on amendments to 326 IAC 1-4-46, 326 IAC 1-4-65, and 326 IAC 2-6-1 concerning the attainment designation status and emissions reporting requirements for 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) The environment and persons regulated or otherwise affected by the draft rule will benefit from prompt adoption of this rule because it amends 326 IAC 1-4-46 and 326 IAC 1-4-65 to update Lake and Porter counties to attainment for the 2008 8-hour ozone standard, and amends 326 IAC 2-6-1 to indicate that only sources located in the northern portions of Lake and Porter counties that emit VOCs or NO_x into the ambient air at levels that are equal to or greater than twenty-five TPY, must annually report their actual emission levels to the state. This will ensure that state rules are consistent with federal regulations.

(3) 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).

(4) 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 #22-218 Ozone Redesignation and Emissions Reporting Updates

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 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.

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 July 28, 2022.

Additional information regarding this action may be obtained from Keelyn Walsh, Rules Development Branch, Office of Legal Counsel, at kwalsh@idem.in.gov, (317) 232-8229 or (800) 451-6027 (in Indiana).

SECTION 1. 326 IAC 1-4-46, PROPOSED TO BE AMENDED AT 20211222-IR-326210515FDA, SECTION 44, IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15

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

SECTION 2. 326 IAC 1-4-65, PROPOSED TO BE AMENDED AT 20211222-IR-326210515FDA, SECTION 62, IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15

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

SECTION 3. 326 IAC 2-6-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-15; IC 13-17

Sec. 1. (a) This rule applies to all of the following:

(1) Sources required to have a Part 70 operating permit under 326 IAC 2-7.

(2) Sources located in the following counties that emit volatile organic compounds (VOC) or oxides of nitrogen (NO_x) into the ambient air at levels equal to or greater than twenty-five (25) tons per year:

(A) Lake, Calumet, Hobart, North, Ross, and St. John townships only.

(B) Porter, Center, Jackson, Liberty, Pine, Portage, Union, Washington, and Westchester townships only.

(C) Clark.

(D) Floyd.

(3) Sources that emit lead into the ambient air at levels equal to or greater than five (5) tons per year.

(b) All sources permitted by the department are subject to section 5 of this rule concerning additional information requests.

(c) Sources covered by subsection (a) must comply with the compliance schedule in section 3 of this rule.

Notice of Public Hearing

DIN: 20220629-IR-326220218FDA

Composed: May 03,2024 5:42:05AM EDT

A PDF version of this document.