in-20260218-IR-326260031FNA: NAAQS ATTAINMENT STATUS REFERENCES UPDATE

TITLE 326 AIR POLLUTION CONTROL DIVISION Notice of First Public Comment Period LSA Document #26-31 NAAQS ATTAINMENT STATUS REFERENCES UPDATE PURPOSE OF NOTICE The Indiana Department of Environmental Management (IDEM) is soliciting public comment on adding and amending rules at 326 IAC 1 and 326 IAC 6-5-1 concerning updates to National Ambient Air Quality Standards (NAAQS) references in IDEM's permitting rules. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260218-IR-326260031RAA Notice of Public Hearing: 20260218-IR-326260031PHA CITATIONS AFFECTED: 326 IAC 1; 326 IAC 6-5-1 AUTHORITY: IC 13-14-8; IC 13-14-9; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12; IC 13-17-3-14 OVERVIEW Basic Purpose and Background The U.S. Environmental Protection Agency (U.S. EPA) sets the NAAQS for six common and widespread criteria air pollutants. When U.S. EPA issues a new or revised standard, it issues air quality designations determining which areas of the country are, or are not, meeting the NAAQS based on air quality data and any state recommendations. U.S. EPA maintains lists of these designations at 40 CFR 81. Indiana's designations, broken down by county and smaller subdivisions where necessary, are listed at 40 CFR 81.315. On July 1, 2023, Public Law 25-2023 was codified at IC 13-17-3-14. It provides that any federal regulation adopting or amending a NAAQS designation for any area in Indiana is effective and enforceable upon the effective date of the federal regulation. Previously, Indiana's rules maintained NAAQS designation tables at 326 IAC 1-4, and IDEM individually updated each county for each criteria pollutant as their statuses changed or the federal regulations were updated. Indiana's codification of these tables was more informative than substantive: as noted above, U.S. EPA sets the NAAQS and related designations, and Indiana's rules merely reiterated the information in the federal designation tables. On October 9, 2024, a final rule was adopted that repealed 326 IAC 1-4 and removed the NAAQS attainment status tables from state rules (LSA #23-809), which had become unnecessary due to IC 13-17-3-14. To avoid any potential confusion about where to find current NAAQS designations, this rulemaking proposes to add a new rule at 326 IAC 1-4.1 that incorporates by reference 40 CFR 81.315. Additionally, this rulemaking corrects references to repealed rules and language indicating that the board designates NAAQS attainment areas. At 326 IAC 1-2 and 326 IAC 6-5, language indicating that the board makes NAAQS designations is being corrected to point to the federal NAAQS designations. Updates to these citations in Title 326 will ensure that the federal attainment designation statuses of all Indiana counties are clearly referenced in state rules and will maintain consistency between state and federal regulations. IDEM program staff continues to maintain a separate compilation of the attainment status designations for all counties in Indiana, including federal amendments to those designations, and it is posted for public review on the Office of Air Quality Air Programs web page at https://www.in.gov/idem/sips/nonattainment-status-of-counties/. Finally, this rulemaking proposes to incorporate by reference the NAAQS rather than repeat them in 326 IAC 1-3-4. IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law No element of the draft rule imposes either a restriction or a requirement on people to whom the draft rule applies that is not imposed under federal law. Small Business Assistance Information For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: 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. 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: www.in.gov/idem/ctap. REQUEST FOR PUBLIC COMMENT IDEM is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: 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. COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than March 20, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the IDEM Rules Development Branch, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the IDEM Rules Development Branch office. If IDEM does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 5. "Attainment area" means a geographical area designated by the board under 40 CFR 81.315* as meeting the ambient air quality standards established for a specific pollutant in 326 IAC 1-3. *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 46. "Nonattainment area" means a geographical area designated by the board under 40 CFR 81.315* as not meeting the ambient air quality standards established for a specific pollutant in 326 IAC 1-3. *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 1. (a) The purpose of this rule (326 IAC 1-3) is to establish primary and secondary ambient air quality standards for the state of Indiana to the extent necessary to protect public health and welfare, and which are consistent with the intent and provisions of the Indiana law. (b) Further, In accordance with provisions of the Clean Air Act and 40 CFR 50*, this is a rule promulgating both primary and secondary air quality standards that are applicable apply throughout the entire state. *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 4. (a) All measurements of air quality that are expressed as mass per unit volume, other than for the particulate matter (PM2.5) standards contained in subsection (b)(8) and lead (Pb) standards contained in subsection (b)(6), must be corrected to a reference temperature of twenty-five (25) degrees Celsius and a reference pressure of seven hundred sixty (760) millimeters of mercury (one thousand thirteen and two-tenths (1,013.2) millibars), as micrograms per cubic meter (μg/m3). Measurements of PM2.5, for purposes of comparison to the standards contained in subsection (b)(8), and Pb, for purposes of comparison to the standards contained in subsection (b)(6), must be reported based on actual ambient air volume measured at the actual ambient temperature and pressure at the monitoring site during the measurement period. (b) Ambient air quality standards are as follows: The National Primary and Secondary Ambient Air Quality Standards are those found in 40 CFR 50*. *These documents are *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana IN 46204. Sec. 1. The attainment status for the National Ambient Air Quality Standards for all areas in the state are the designations made by U.S. EPA by its authority under 42 U.S.C. 7407(d). The designations for Indiana are found in 40 CFR 81.315*. Under IC 13-17-3-14, designations are effective and enforceable in Indiana on the effective date of the federal regulation. *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. Sec. 1. (a) Any A source of fugitive particulate matter emissions located in nonattainment areas for particulate matter as designated by the board under 40 CFR 81.315*, except for such a source located in Lake County, which has potential fugitive particulate matter emissions of at least twenty-five (25) tons per year, or more, including the following: (b) Any A new source of fugitive particulate matter emissions located anywhere in the state requiring a permit, as set forth in 326 IAC 2, which has not received all the necessary preconstruction approvals before December 13, 1985. If any a control measure established by this rule is inconsistent with an applicable control measure contained in 326 IAC 12, the more stringent measure shall apply. applies. (c) Any A source or facility of fugitive particulate matter emissions subject to the requirements of this rule shall be is subject to 326 IAC 6-4-6. (d) The following emission factors and control efficiencies apply to sources subject to this rule: *This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204. **These documents are incorporated by reference. Copies may be obtained from the U.S. Environmental Protection Agency, Region V, 230 South Dearborn Street, Chicago, Illinois IL 60604 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana IN 46204. ***This document is incorporated by reference. Copies may be obtained from Ohio Environmental Protection Agency, Office of Air Pollution Control, 361 East Broad Street, Columbus, Ohio OH 43216 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 20401 IN 46204. LSA Document #26-031 Documents Incorporated by Reference: 40 CFR 50; 40 CFR 81.315 Small Business Regulatory Coordinator: Billie Franklin, IDEM Rules Development Section Chief, IGCN 1315, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-0622, Bfrankli@idem.in.gov