Recent Indiana Rulemaking Actions
By Jennifer K. Thompson, Attorney, Bingham Greenebaum Doll LLP
The Indiana Environmental Rules Board met on Oct. 9, 2013, and passed the following air rulemaking actions:
- Ozone Designations and PM2.5 Corrections Emergency Rule, LSA #13-480(E), which: (1) temporarily amends 326 IAC 1-4 to add the federal designations for Lawrenceburg Township in Dearborn County, Lake County and Porter County to nonattainment of the 2008 8-hour ozone NAAQS and for the remainder of Dearborn County to unclassifiable or attainment of the 2008 8-hour ozone NAAQS; and (2) adds Spencer County to unclassifiable or attainment of the annual PM2.5 NAAQS. Effective Oct. 15, 2013.
- Sulfur Dioxide Designations Emergency Rule, LSA # 13-481(E), Temporarily amends 326 IAC 1-4-15, 326 IAC 1-4-50, 326 IAC 1-4-56, 326 IAC 1-4-64, and 326 IAC 1-4-85 to add the federal nonattainment designations for the 2010 sulfur dioxide (SO2) primary standard for Veale Township in Daviess County; Center Township, Perry Township and Wayne Township in Marion County; Clay Township and Washington Township in Morgan County; Washington Township in Pike County; and Fayette Township and Harrison Township in Vigo County. Effective Oct. 15, 2013.
- Adoption of the Central Indiana Annual PM2.5 Redesignation Emergency Rule, LSA # 13-529(E), which temporarily amends 326 IAC 1-4-30, 326 IAC 1-4-33, 326 IAC 1-4-42, 326 IAC 1-4-50 and 326 IAC 1-4-56 to add the federal attainment designation for Central Indiana, including Hamilton, Hendricks, Johnson, Marion and Morgan counties to attainment with the 1997 PM2.5 National Ambient Air Quality Standards (NAAQS). Effective Nov. 13, 2013.
- Final adoption of the Sewage Sludge Incineration and Carbon Monoxide Monitoring Rule, LSA #13-215, which amends 326 IAC 3-5-1(b)(6) to allow a continuous emissions monitoring system (CEMS) for carbon monoxide (CO) as an alternative to the total hydrocarbon (THC) monitoring. Effective Jan. 15, 2014.
The Indiana Department of Environmental Management also presented Air-037-NPD, a nonrule policy document (NPD) entitled “Treatment of Emergency Stationary Internal Combustion Engines used for Emergency Demand Response and Non-emergency uses” to the Environmental Rules Board. The NPD outlines how IDEM will apply existing EPA guidance concerning the calculation of the potential to emit for emergency generators in conjunction with federal rule revisions that regulate various types of stationary internal combustion engines. The information contained in the NPD will be used not only for permitting determinations but also for advising owners and operators of the potential need for additional air quality review of emergency stationary internal combustion engines used for emergency demand response events and allowed nonemergency situations.
The following rulemakings previously adopted by the Indiana Environmental Rules Board also became effective in the fourth quarter of 2013:
- LSA #11-747(F), Amendments to Minor New Source Review Air Permitting Regulations, which amends Indiana’s minor new source review (NSR) rules consistent with comments received from EPA in response to Indiana’s Minor NSR SIP submittal, including modifications to 326 IAC 2-7-10.5(k) and (m) to clarify that source modifications for consent decree provisions must go through public notice and be incorporated into the Title V permit using the administrative amendment procedures and amending the threshold for lead in 326 IAC 2-7-10.5(e)(3)(E) to reflect the one ton per year threshold for major modifications that currently exists under 326 IAC 2-7-10.5(g)(3). Effective Oct. 26, 2013.
- LSA #12-500(F), Amendments to Rules Concerning Air Permits and the Protection of Ambient Air Quality Standards, which amends 326 IAC 2-1.1-5 to clarify that it applies only to preconstruction approvals for construction or modification of sources or emission units. Effective Nov. 1, 2013.
- LSA #13-529(E), temporarily amending 326 IAC 1-4 to add the federal designations for Central Indiana, including Hamilton, Hendricks, Johnson, Marion and Morgan counties, to attainment for the 1997 PM2.5 annual standard. Effective Nov. 13, 2013.
- LSA #13-164(F), the PM2.5 and Ozone Designations Rule, which amends the designation tables in 326 IAC 1-4 concerning federal designations for the 1997 NAAQS for PM2.5, the 2006 24-hour PM2.5 NAAQS, the 2008 8-hour ozone NAAQS. Effective Nov. 24, 2013.
Update on Pending Changes to KDAQ Regulations
No new KDAQ regulations or amendments to existing KDAQ regulations have been proposed or approved since the last issue of the Air Quality Letter.
Update on Pending Changes to LMAPCD Regulations
No new LMAPCD regulations or amendments to existing LMAPCD regulations have been proposed or approved since the last issue of the Air Quality Letter.
To view a complete PDF of the Fourth Quarter 2013 issue of the Air Quality Letter, click HERE.