Recent Indiana Rulemaking Actions
By Jennifer Kahney Thompson, Attorney, Bingham Greenebaum Doll LLP
The Indiana Environmental Rules Board met on August 14, 2013 and passed the following air rulemaking actions:
- Adoption of the Central Indiana Annual PM2.5 Redesignation Emergency Rule, 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 August 14, 2013);
- Final adoption of the PM2.5 and Ozone Designations Rule, LSA #13-164, 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, and the 2008 8-hour ozone NAAQS;
- Final adoption of Amendments to Minor New Source Review Air Permitting Regulations, LSA #11-747, 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).
- Final adoption of Amendments to Rules Concerning Air Permits and the Protection of Ambient Air Quality Standards, LSA #12-500, 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.
- Preliminary adoption of the Sewage Sludge Incineration and Carbon Monoxide Monitoring Rule, LSA #12-500, 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.
The following rulemakings previously adopted by the Indiana Air Pollution Control Board (APCB) also became effective in the third quarter of 2013:
- Ozone Designations and PM2.5 Corrections Emergency Rule, LSA #13-337(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 July 17, 2013.
- Readoption of 326 IAC 17.1 (public records, confidential information and confidentiality agreement rules) and 326 IAC 25-1 (Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program rules). Expiration of (by not readopting) 326 IAC 25-2-3 (monthly compliance methods for volatile organic compounds rule) and 326 IAC 25-2-4 (pollution prevention projects rule). Effective August 28, 2013.
To view a complete PDF of the Third Quarter 2013 issue of the Air Quality Letter, click HERE.