326 IAC 14 — ARTICLE 14. EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

TITLE 326 OFFICE OF AIR QUALITY

ARTICLE 14. EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Rule 1

326 IAC 14-1-1 326 IAC 14-1-1 Applicability

Rule 1. General Provisions

326 IAC 14-1-1 Applicability

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3

Affected: IC 4-22-9-5; IC 13-14; IC 13-17

Sec. 1. (a) This article applies to the owner or operator of any stationary source for which a standard is prescribed under this article.

(b) The board adopts by reference and incorporates 40 CFR 61, Subpart A, General Provisions* concerning emission standards for hazardous air pollutants, with the exception of:

(1) 40 CFR 61.04 Address*;

(2) 40 CFR 61.11(f) Administrator's Authority on Waiver of Compliance*;

(3) 40 CFR 61.12(d) Alternative Means of Emission Limitation*;

(4) 40 CFR 61.16 Availability of Information*; and

(5) 40 CFR 61.17 State Authority*;

and as modified in section 2 of this rule. Provisions of waiver of compliance in 40 CFR 61 Section 61.11, Subpart A*, shall not apply to sources subject to the requirements established in 326 IAC 14-9.

*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 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 46204.

(Office of Air Quality; 326 IAC 14-1-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2562; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3011; errata, 11 IR 3047; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 81; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-1-2 326 IAC 14-1-2 Definitions

326 IAC 14-1-2 Definitions

Authority: IC 13-14; IC 13-17-3

Affected: IC 13-14; IC 13-17

Sec. 2. (a) Except as provided in subsection (b), for the purposes of this article, the definitions, abbreviations, and units listed in 40 CFR 61.02* and 40 CFR 61.03*, shall apply.

(b) For the purposes of this article, the following substitutions shall be made for terms used in the portions of 40 CFR 61* adopted by reference:

(1) "Administrator" means the commissioner of the department of environmental management.

(2) "U.S. Environmental Protection Agency" or "U.S. EPA" means the department of environmental management.

(Office of Air Quality; 326 IAC 14-1-2 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2562; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3011; errata, 11 IR 3047; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 81; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-1-3 326 IAC 14-1-3 More stringent limitations apply

326 IAC 14-1-3 More stringent limitations apply

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12

Affected: IC 13-15; IC 13-17

Sec. 3. If emission limitations contained in this article conflict with or are inconsistent with any other emission limitations established by this title, then the more stringent limit shall apply.

(Office of Air Quality; 326 IAC 14-1-3 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2562; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3011; errata, 11 IR 3047; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2372; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Dec 20, 2001, 4:30 p.m.: 25 IR 1604; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

326 IAC 14-1-4 326 IAC 14-1-4 Federal regulations (Repealed)

326 IAC 14-1-4 Federal regulations (Repealed)

(Repealed by Office of Air Quality; filed Aug 26, 2004, 11:30 a.m.: 28 IR 114)

Rule 2

326 IAC 14-2-1 326 IAC 14-2-1 Applicability; incorporation by reference of federal standards

Rule 2. Emission Standards for Sources of Asbestos Listed in Section 1 of this Rule

326 IAC 14-2-1 Applicability; incorporation by reference of federal standards

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3

Affected: IC 4-22-9-5; IC 13-14; IC 13-17

Sec. 1. (a) The provisions of this rule shall apply to the following sources:

(1) Asbestos mills.

(2) Surfacing of roadways with asbestos-containing materials.

(3) Manufacturing operations using commercial asbestos.

(4) Spray-on application of materials containing asbestos.

(5) Fabricating operations using commercial asbestos.

(6) Insulating materials that contain commercial asbestos.

(7) Waste disposal for asbestos mills.

(8) Waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations.

(9) Inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations.

(10) Air cleaning.

(11) Reporting.

(12) Active waste disposal sites.

(13) Operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.

(b) The board hereby adopts by reference and incorporates herein 40 CFR 61, Subpart M, Emission Standard for Asbestos*.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, Indianapolis, Indiana 46204.

(Office of Air Quality; 326 IAC 14-2- 1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2563; filed Dec 5, 1990, 3:40 p.m.: 14 IR 607; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2011; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed May 21, 2002, 10:20 a.m.: 25 IR 3084; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

Rule 3

326 IAC 14-3-1 326 IAC 14-3-1 Applicability; incorporation by reference of federal standards

Rule 3. Emission Standard for Beryllium

326 IAC 14-3-1 Applicability; incorporation by reference of federal standards

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3

Affected: IC 4-22-9-5; IC 13-14; IC 13-17

Sec. 1. (a) This rule applies to the following stationary sources:

(1) Extraction plants, ceramic plants, foundries, incinerators, and propellant plants that process beryllium ore, beryllium, beryllium oxide, beryllium alloys, or beryllium-containing waste.

(2) Machine shops that process beryllium, beryllium oxides, or any alloy when such alloy contains more than five percent (5%) beryllium by weight.

(b) The board hereby adopts by reference and incorporates herein 40 CFR 61, Subpart C, Emission Standard for Beryllium*.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 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 46204.

(Office of Air Quality; 326 IAC 14-3-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2563; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1570; filed Aug 26, 2004, 11:30 a.m.: 28 IR 82; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

Rule 4

326 IAC 14-4-1 326 IAC 14-4-1 Applicability; incorporation by reference of federal standards

Rule 4. Emission Standard for Beryllium Rocket Motor Firing

326 IAC 14-4-1 Applicability; incorporation by reference of federal standards

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3

Affected: IC 4-22-9-5; IC 13-14; IC 13-17

Sec. 1. (a) This rule applies to rocket motor test sites.

(b) The board hereby adopts by reference and incorporates herein 40 CFR 61, Subpart D, Emission Standard for Beryllium Rocket Motor Firing*.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 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 46204.

(Office of Air Quality; 326 IAC 14-4-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2563; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 82; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

Rule 5

326 IAC 14-5-1 326 IAC 14-5-1 Applicability; incorporation by reference of federal standards

Rule 5. Emission Standard for Mercury

326 IAC 14-5-1 Applicability; incorporation by reference of federal standards

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3

Affected: IC 4-22-9-5; IC 13-14; IC 13-17

Sec. 1. (a) This rule applies to those stationary sources that process mercury ore to recover mercury, use mercury chlor-alkali cells to produce chlorine gas and alkali metal hydroxide, and incinerate or dry wastewater treatment plant sludge.

(b) The board hereby adopts by reference and incorporates herein 40 CFR 61, Subpart E, Emission Standard for Mercury*.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 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 46204.

(Office of Air Quality; 326 IAC 14-5-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2563; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 82; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

Rule 6

326 IAC 14-6-1 326 IAC 14-6-1 Applicability; incorporation by reference of federal standards

Rule 6. Emission Standard for Vinyl Chloride

326 IAC 14-6-1 Applicability; incorporation by reference of federal standards

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3

Affected: IC 4-22-9-5; IC 13-14; IC 13-17

Sec. 1. (a) This rule ( 326 IAC 14-6) shall apply to plants, as defined in 40 CFR 61, Subpart F, which produce:

(1) ethylene dichloride by reaction of oxygen and hydrogen chloride with ethylene;

(2) vinyl chloride by any process; and/or

(3) one (1) or more polymers containing any fraction of polymerized vinyl chloride.

(b) The board hereby adopts by reference and incorporates herein 40 CFR 61, Subpart F, Emission Standard for Vinyl Chloride.

Copies of the Code of Federal Regulations (CFR) may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or from the Indiana Department of Environmental Management, Office of Air Quality, 100 North Senate, Indiana Government Center-North, Tenth Floor, Indianapolis, Indiana 46204.

(Office of Air Quality; 326 IAC 14-6- 1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 pm: 11 IR 2563; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

Rule 7

326 IAC 14-7-1 326 IAC 14-7-1 Applicability; incorporation by reference of federal standards

Rule 7. Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

326 IAC 14-7-1 Applicability; incorporation by reference of federal standards

Authority: IC 4-22-2-21; IC 13-14-8; IC 13-17-3

Affected: IC 4-22-9-5; IC 13-14; IC 13-17

Sec. 1. (a) This rule applies to each of the following sources that are intended to operate in benzene service:

(1) Pumps.

(2) Compressors.

(3) Pressure relief devices.

(4) Sampling connections.

(5) Systems.

(6) Open-ended valves or lines.

(7) Valves.

(8) Flanges and other connectors.

(9) Product accumulator vessels.

(10) Control devices or systems required by this rule.

(b) The board hereby adopts by reference and incorporates herein 40 CFR 61, Subpart J, Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene*.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 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 46204.

(Office of Air Quality; 326 IAC 14-7-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2564; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 83; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

Rule 8

326 IAC 14-8-1 326 IAC 14-8-1 Applicability

Rule 8. Emission Standard for Equipment Leaks (Fugitive Emission Sources)

326 IAC 14-8-1 Applicability

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 1. (a) This rule applies to each of the following sources that are intended to operate in volatile hazardous air pollutant (VHAP) service:

(1) Pumps.

(2) Compressors.

(3) Pressure relief devices.

(4) Sampling connection systems.

(5) Open-ended valves or lines.

(6) Valves.

(7) Flanges and other connectors.

(8) Product accumulator vessels.

(9) Control devices or systems required by this rule.

(b) The board adopts by reference and incorporates 40 CFR 61, Subpart V, Emission Standard for Equipment Leaks (Fugitive Emission Sources), with the exception of revisions to 40 CFR 61.241, 61.245*, 61.246*, and 61.247* as specified in sections 2 through 5 of this rule.

(Office of Air Quality; 326 IAC 14-8-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2564; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3012; errata, 11 IR 3047; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 83; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-8-2 326 IAC 14-8-2 Definitions

326 IAC 14-8-2 Definitions

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 2. (a) For the purposes of this rule ( 326 IAC 14-8), the definitions, except for those defined in this section, listed in 40 CFR 61, Subpart V, Section 61.241 shall apply.

"Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak as indicated by one of the following: an instrument reading of ten thousand (10,000) ppm or greater, detectable emissions as indicated by an instrument reading of five hundred (500) ppm or greater above a background concentration, indication of liquids dripping, or indication by a sensor that a seal system or barrier fluid system has failed.

"Stuffing box pressure" means the fluid (liquid or gas) pressure inside the casing or housing of a piece of equipment, on the process side of the inboard seal.

(Office of Air Quality; 326 IAC 14-8-2 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 pm: 11 IR 3012; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-8-3 326 IAC 14-8-3 Test methods and procedures

326 IAC 14-8-3 Test methods and procedures

Authority: IC 13-14; IC 13-17-3

Affected: IC 13-14; IC 13-17

Sec. 3. (a) For the purposes of this rule, the introductory paragraph of 40 CFR 61.245(b)*, Test Methods and Procedures, shall read, "Monitoring, as required in 40 CFR 61, Subpart V, Sections 61.242, 61.243, 61.244 and 326 IAC 14-9-5, shall comply with the following requirements:".

(b) For the purposes of this rule, the introductory paragraph of 40 CFR 61, Subpart V, Section 61.245(c)* shall read, "When equipment is tested for compliance with no detectable emissions, the test shall comply with the following requirements:".

(c) For the purposes of this rule, 40 CFR 61, Subpart V, Section 61.245(d)(3)* shall read, "Samples used in determining the percent VHAP content shall be representative, as determined by the commissioner, of the process fluid that is contained in or contacts the equipment or the gas being combusted in the flare.".

(Office of Air Quality; 326 IAC 14-8-3 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3012; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 83; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-8-4 326 IAC 14-8-4 Record keeping requirements

326 IAC 14-8-4 Record keeping requirements

Authority: IC 13-14; IC 13-17-3

Affected: IC 13-14; IC 13-17

Sec. 4. (a) For the purposes of this rule, introductory sentences in 40 CFR 61.246, Recordkeeping Requirements*, (b), (c), and (e), paragraphs (e)(2)(i), (e)(2)(ii), (e)(4)(i), and (h)(1) shall read as in subsections (b), (c), (d), (e), (f), (g), and (h) of this section, respectively.

(b) "When each leak is detected as specified in 40 CFR 61.242-2*, 61.242-3*, 61.242-7*, 61.242-8*, and 326 IAC 14-9-5, the following requirements apply:".

(c) "When each leak is detected as specified in 40 CFR 61.242-2*, 61.242-3*, 61.242-7*, 61.242-8*, and 326 IAC 14-9-5, the following information shall be recorded in a log and shall be kept for two (2) years in a readily accessible location:".

(d) "The following information pertaining to all equipment to which a standard applies shall be recorded in a log that is kept in a readily accessible location:".

(e) "A list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than five hundred (500) ppm above background".

(f) "The designation of this equipment for no detectable emissions shall be signed by the owner or operator".

(g) "The dates of each compliance test required in 40 CFR 61.242-2(e), 61.242-3(i), 61.242-4*, 61.242-7(f)*, and 326 IAC 14-9- 5(g)".

(h) "Design criterion required in 40 CFR 61.242-2(d)(5), 61.242(e)(2), and 326 IAC 14-9-5(e)(4) and an explanation of the design criterion; and".

(Office of Air Quality; 326 IAC 14-8-4 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3012; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 84; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-8-5 326 IAC 14-8-5 Reporting requirements

326 IAC 14-8-5 Reporting requirements

Authority: IC 13-14; IC 13-17-3

Affected: IC 13-14; IC 13-17

Sec. 5. For the purposes of this rule, 40 CFR 61.247(b)(5), Reporting Requirements*, shall read, "The results of all performance tests to determine compliance with no detectable emissions and with 40 CFR 61.243-1* and 40 CFR 61.243-2* conducted within the semiannual reporting period.".

(Office of Air Quality; 326 IAC 14-8-5 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3013; errata, 11 IR 3047; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 84; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

Rule 9

326 IAC 14-9-1 326 IAC 14-9-1 Applicability

Rule 9. Emission Limitations for Benzene from Furnace Coke Oven By-Product Recovery Plants

326 IAC 14-9-1 Applicability

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 1. The provisions of this rule ( 326 IAC 14-9) apply to each of the following sources at furnace coke by-product recovery plants located in Lake and Porter Counties: light-oil sumps, final coolers, final-cooler cooling towers, and the following equipment that are intended to operate in benzene service: pumps, valves, exhausters, pressure relief devices, sampling connection systems, open-ended valves or lines, flanges or other connectors, and control devices or systems required by 326 IAC 14-9-5, Standards for Equipment Leaks. For the purposes of its volatile organic compound emissions, once a plant becomes a furnace coke by-product recovery plant, it will continue to be considered a furnace coke by-product recovery plant under this rule ( 326 IAC 14-9), regardless of the type of coke produced in the future.

(Office of Air Quality; 326 IAC 14-9-1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 pm: 11 IR 3013; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-9-2 326 IAC 14-9-2 Definitions

326 IAC 14-9-2 Definitions

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 2. All terms not defined herein shall have the meaning given them in 326 IAC 14-1, in 326 IAC 14-8, and the following terms shall have the specific meanings provided below.

"Annual coke production" means the coke produced in the batteries connected to the coke by-product recovery plant over a twelve (12) month period. The first twelve (12) month period concludes on the first December 31 that comes at least twelve (12) months after the effective date of 326 IAC 14-9, or after the date of initial startup if it is after the effective date.

"In benzene service" means a piece of equipment, other than an exhauster, that either contains or contacts a fluid (liquid or gas) that is at least ten percent (10%) benzene by weight or any exhauster that either contains or contacts a fluid (liquid or gas) at least one percent (1%) benzene by weight as determined by the provisions of 326 IAC 14-9-8(b).

"Coke by-product recovery plant" means any facility designed and operated for the separation and recovery of coal tar derivatives (by- products) evolved from coal during the coking process of a coke oven battery.

"Direct-water final cooler" means a final cooler in which the recirculating water, the cooling medium, is in direct contact with the coke oven gas.

"Equipment" means each pump, valve, exhauster, pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in benzene service.

"Exhauster" means a fan located between the inlet gas flange and outlet gas flange of the coke oven gas line that provides motive power for coke oven gases.

"Final cooler" means an equipment used to reduce the temperature of the coke oven gas to improve light-oil absorption in the light-oil scrubber.

"Final-cooler cooling tower" means an equipment used to cool the final cooler water.

"Foundry coke" means coke that is produced from raw materials with less than twenty-six percent (26%) volatile material by weight and that is subject to a coking period of twenty-four (24) hours or more.

"Foundry coke by-product recovery plant" means a by-product recovery plant connected to coke batteries whose annual coke production is at least seventy-five percent (75%) foundry coke.

"Furnace coke" means coke produced in by-product ovens that is not foundry coke.

"Furnace coke by-product recovery plant" means a coke by-product recovery plant that is not a foundry coke by-product recovery plant.

"Light-oil sump" means any tank, pit, enclosure, or slop tank in light-oil recovery operations that functions as a wastewater separation device for hydrocarbon liquids on the surface of the water.

"Semiannual" means a six (6) month period; the first semiannual period concludes on the last day of the last full month during the one hundred eighty (180) days following initial startup for new sources; and the first semiannual period concludes on the last day of the last full month during the one hundred eighty (180) days after the promulgation of this rule ( 326 IAC 14-9) for existing sources.

"Tar-bottom final cooler" means a final cooler in which the water, after it has cooled the coke oven gas, is forced through a pool of tar.

"Wash-oil circulation tank" means any vessel that functions to hold the wash oil used in light-oil recovery operations or the wash oil used in the wash-oil final cooler.

"Wash-oil decanter" means any vessel that functions to separate, by gravity, the condensed water from the wash oil received from a wash-oil final cooler or from a light-oil scrubber.

"Wash-oil final cooler" means a final cooler in which wash-oil is used as the cooling medium.

(Office of Air Quality; 326 IAC 14-9-2 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 pm: 11 IR 3013; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-9-3 326 IAC 14-9-3 Light-oil sumps

326 IAC 14-9-3 Light-oil sumps

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 3. (a) The provisions of this section apply to the owner or operator of light-oil sumps.

(1) Each owner or operator of a light-oil sump shall enclose and seal the liquid surface in the sump to form a closed system to contain the emissions.

(2) Subdivision (1) shall not apply if, the owner or operator elects to install, operate, and maintain a vent on the light-oil sump cover. Each vent pipe must be equipped with a water leg seal, a pressure relief device, or vacuum relief device.

(3) Subdivision (1) shall not apply if, the owner or operator elects to install, operate, and maintain an access hatch on each light-oil sump cover. Each access hatch must be equipped with a gasket and a cover, seal or lid that must be kept in a closed position at all times, unless in actual use.

(4) The light-oil sump cover may be removed for periodic maintenance but must be replaced with a seal at completion of the maintenance operation.

(b) The venting of steam or other gases from the by-product process to the light-oil sump is not permitted.

(c) Following the installation of any control equipment used to meet the requirements of subsection (a), the owner or operator shall monitor semiannually the connections and seals on each control system to determine if it is operating with no detectable emissions, using 40 CFR Part 60, Appendix A, Method 21, and the procedures specified in 326 IAC 14-8-3(b) and 40 CFR Part 61, Subpart V, Section 61.245(c). The owner or operator also shall conduct on a semiannual basis a visual inspection of each source including sealing materials for evidence of visible defects such as gaps or tears.

(1) If an instrument reading indicates an organic chemical concentration of more than 500 ppm above a background concentration, as measured by 40 CFR Part 60, Appendix A, Method 21, a leak is detected.

(2) If visible defects such as gaps in sealing materials are observed during visual inspection, a leak is detected.

(3) A first attempt at repair of any leak or visible defect shall be made no later than five (5) calendar days after each leak is detected.

(4) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected.

(Office of Air Quality; 326 IAC 14-9-3 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 pm: 11 IR 3014; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-9-4 326 IAC 14-9-4 Final coolers and final-cooler cooling towers

326 IAC 14-9-4 Final coolers and final-cooler cooling towers

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 4. No benzene emissions are allowed from final coolers and final-cooler cooling towers at coke oven by-product recovery plants.

(Office of Air Quality; 326 IAC 14-9-4 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 pm: 11 IR 3015; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-9-5 326 IAC 14-9-5 Equipment leaks

326 IAC 14-9-5 Equipment leaks

Authority: IC 13-14; IC 13-17-3

Affected: IC 13-14; IC 13-17

Sec. 5. (a) Each owner or operator of equipment in benzene service shall comply with the requirements of 326 IAC 14-8 and 40 CFR 61, Subpart V*, except as provided in this section.

(b) The provisions of 40 CFR 61.242-3* and 61.242-9*, do not apply to this rule.

(c) Each piece of equipment in benzene service to which this rule applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.

(d) Each exhauster shall be monitored quarterly to detect leaks by the methods specified in 326 IAC 14-8-3(a) and 40 CFR 61.245(b)*, except as provided in subsections (e), (f), and (g) and section 6(c) of this rule.

(1) If an instrument reading of ten thousand (10,000) ppm or greater is measured, a leak is detected.

(2) When a leak is detected, it shall be repaired as soon as practicable, but no later than fifteen (15) calendar days after it is detected, except as provided in 40 CFR 61.242-10(a)* and 40 CFR 61.242-10(b)*. A first attempt at repair shall be made no later than five (5) calendar days after each leak is detected.

(e) Each exhauster equipped with a seal system that includes a barrier fluid system and that prevents leakage of process fluids to the atmosphere is exempt from the requirements of subsection (d) provided the following requirements are met:

(1) Each exhauster seal system is:

(A) operated with the barrier fluid at a pressure that is greater than the exhauster stuffing box pressure; or

(B) equipped with a barrier fluid system that is connected by a closed vent system to a control device that complies with the requirements of 40 CFR 61.242-11*; or

(C) equipped with a system that purges the barrier fluid into a process stream with zero (0) benzene emissions to the atmosphere.

(2) The barrier fluid is not in benzene service.

(3) Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.

(4) Each sensor as described in subsection (e)(3) shall be checked daily or shall be equipped with an audible alarm.

(5) The owner or operator shall determine, based on design consideration and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.

(6) If the sensor indicates failure of the seal system, the barrier system, or both, based on the criterion determined under subdivision (5), a leak is detected.

(7) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in 40 CFR 61.242-10*.

(8) A first attempt at repair shall be made no later than five (5) calendar days after each leak is detected.

(f) An exhauster is exempt from the requirements of subsection (d) if it is equipped with a closed vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of 40 CFR 61.242-11* except as provided in subsection (g).

(g) Any exhauster that is designated, as described in 326 IAC 14-8-4(d) through 326 IAC 14-8-4(g) and in 40 CFR 61.246(e)* for no detectable emissions, as indicated by an instrument reading of less than five hundred (500) ppm above background, is exempt from the requirements of subsection (d) if the exhauster:

(1) is demonstrated to be operating with no detectable emissions, as indicated by an instrument reading of less than five hundred (500) ppm above background, as measured by the methods specified in 326 IAC 14-8-3(b) and in 40 CFR 61.245(c)*; and

(2) is tested for compliance with subdivision (1) initially upon designation, annually, and at other times requested by the commissioner.

(h) Any exhauster that is in vacuum service is excluded from the requirements of this rule if it is identified as required in 326 IAC 14-8-4(d) and in 40 CFR 61.246(e)(5)*.

(Office of Air Quality; 326 IAC 14-9-5 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3015; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 84; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-9-6 326 IAC 14-9-6 Compliance determinations

326 IAC 14-9-6 Compliance determinations

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 6. (a) Each owner or operator subject to the provisions of this rule ( 326 IAC 14-9) shall demonstrate compliance with the requirements of 326 IAC 14-9-3 through 326 IAC 14-9-5 for each new and existing source, except as provided under 40 CFR 61, Subpart V, Sections 61.243-1 and 61.243-2.

(b) Compliance with this rule ( 326 IAC 14-9) shall be determined by a review of records, review of performance test results, inspections, or any combination thereof, using the methods and procedures specified in 326 IAC 14-9-8.

(c) For any requests for permission to use an alternative to the work practices required under 326 IAC 14-9-5, the provisions of 40 CFR 61, Subpart V, Section 61.244 shall apply.

(Office of Air Quality; 326 IAC 14-9-6 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 pm: 11 IR 3016; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

326 IAC 14-9-7 326 IAC 14-9-7 Compliance schedule

326 IAC 14-9-7 Compliance schedule

Authority: IC 13-14-8; IC 13-17-3

Affected: IC 13-17

Sec. 7. (a) Each owner or operator shall comply with the requirements of 326 IAC 14-9-3 prior to June 30, 1989.

(b) Each owner or operator shall comply with the requirements of 326 IAC 14-9-5 prior to November 30, 1988.

(c) Each owner or operator shall comply with the requirements of 326 IAC 14-9-4 prior to December 31, 1990, and shall accomplish the following tasks according to the schedule provided in subdivisions (1), (2), (3), and (4) of this section.

(1) Submit by August 31, 1988, a compliance plan to the department of environmental management containing specific control measures for achieving compliance.

(2) Award contracts for emission control systems or process changes for emission control by August 31, 1989.

(3) Begin on-site construction of emission control system or process changes by April 1, 1990.

(4) Complete on-site construction of all emission control systems or process changes and achieve final compliance by December 31, 1990.

(d) Each owner or operator subject to the provisions of this rule ( 326 IAC 14-9) shall be in compliance with the requirements specified in subsections (a) and (c) of this section if the coke oven by-product recovery plant is not in operation.

(e) Each owner or operator shall submit a written statement providing evidence to the commissioner within 30 days of each applicable date specified in subsections (a), and (b), subdivisions (c)(1), (c)(2), (c)(3) and (c)(4) of this section that the requirements of this section have been implemented.

(Office of Air Quality; 326 IAC 14-9-7 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 pm: 11 IR 3016; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-9-8 326 IAC 14-9-8 Test methods and procedures

326 IAC 14-9-8 Test methods and procedures

Authority: IC 13-14; IC 13-17-3

Affected: IC 13-14; IC 13-17

Sec. 8. (a) Each owner or operator subject to this rule shall comply with the requirements in 326 IAC 14-8-3 and 40 CFR 61.245*.

(b) To determine whether or not a piece of equipment is in benzene service, the methods in 40 CFR 61.245(d)* and 326 IAC 14-8- 3(c) shall be used, except that, for exhausters, the percent benzene shall be one percent (1%) by weight rather than the ten percent (10%) by weight described in 40 CFR 61.245(d)*.

(Office of Air Quality; 326 IAC 14-9-8 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3016; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Aug 26, 2004, 11:30 a.m.: 28 IR 85; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-9-9 326 IAC 14-9-9 Record keeping and reporting requirements

326 IAC 14-9-9 Record keeping and reporting requirements

Authority: IC 13-14; IC 13-17-3

Affected: IC 13-14; IC 13-17

Sec. 9. (a) The following information pertaining to the design of control equipment installed to comply with sections 3 and 4 of this rule shall be recorded and kept in a readily accessible location:

(1) Detailed schematics, design specifications, and piping and instrumentation diagrams.

(2) The dates and descriptions of any changes in the design specifications.

(b) The following information pertaining to sources subject to section 3 of this rule shall be recorded and maintained for two (2) years following each semiannual inspection and each annual maintenance inspection:

(1) The date of the inspection and the name of the inspector.

(2) A brief description of each visible defect in the source or control equipment and the method and date of repair of the defect.

(3) The presence of a leak, as measured using the method described in 326 IAC 14-8-3(b) and 40 CFR 61.245(c)*. The record shall include the date of attempted and actual repair and method of repair of the leak.

(4) A brief description of any system abnormalities found during the annual maintenance inspection, the repairs made, the date of attempted repair, and the date of actual repair.

(c) Each owner or operator of a source subject to section 5 of this rule shall comply with 326 IAC 14-8-4 and 40 CFR 61.246*.

(d) The provisions of this section apply to an owner or operator of any source to which this rule applies.

(1) The owner or operator shall submit a written statement to the commissioner providing information specified in subdivisions (2) through (4).

(2) In the case of an existing source or a new source which has an initial startup date preceding the effective date, the statement shall be submitted within ninety (90) days of the effective date, or on a date specified by the commissioner along with the information required under 40 CFR 61.10(a)(1) through 61.10(a)(6)*.

(3) In the case of new sources that did not have an initial startup date preceding the effective date, the statement shall be submitted with the application for approval of construction, as described in 40 CFR 61.07*.

(4) The owner or operator shall include in the statement the following information for each source:

(A) Type of source such as a light-oil sump, pump or final cooler.

(B) For equipment in benzene service, equipment identification number and process unit identification; percent by weight benzene in the fluid at the equipment; and process fluid state in the equipment (gas/vapor or liquid).

(C) Method of compliance with the standard such as use of a wash-oil final cooler, monthly leak detection and repair, or equipped with dual mechanical seals.

(e) A report shall be submitted to the commissioner semiannually starting six (6) months after the initial reports required in subsection (d) and 40 CFR 61, Subpart A*, which includes the following information:

(1) For sources subject to section 3 of this rule:

(A) a brief description of any visible defect in the source or ductwork;

(B) the number of leaks detected and repaired; and

(C) a brief description of any system abnormalities found during each annual maintenance inspection that occurred in the reporting period and the repairs made.

(2) For equipment in benzene service subject to section 5(a) of this rule, information required by 326 IAC 14-8-5(a) and 40 CFR 61.247(b)*.

(3) For each exhauster subject to section 5 of this rule for each quarter during the semiannual reporting period:

(A) the number of exhausters for which leaks were detected as described in section 5(d) and 5(e)(6) of this rule;

(B) the number of exhausters for which leaks were repaired as required in section 5(d), 5(e)(7), and 5(e)(8) of this rule; and

(C) the results of performance tests to determine compliance with section 5(g) of this rule conducted within the semiannual reporting period.

(4) A statement signed by the owner or operator stating whether all requirements of this rule have been fulfilled during the semiannual reporting period.

(5) Revisions to items reported according to subsection (d) if changes have occurred since the initial report or subsequent revisions to the initial report. Compliance with the requirements of 40 CFR 61.10(c)*, is not required for revisions documented under this subsection.

(f) In the first report submitted as required in subsection (d), the report shall include a reporting schedule stating the months that semiannual reports shall be submitted. Subsequent reports shall be submitted according to that schedule unless a revised schedule has been submitted in a previous semiannual report.

(g) An owner or operator electing to comply with the provisions of 40 CFR 61.243-1* and 61.243-2* shall notify the commissioner of the alternative standard selected ninety (90) days before implementing either of the provisions.

(h) An application for approval of construction or modification, as required under 40 CFR 61.05(a)* and 61.07*, will not be required for sources subject to section 5 of this rule if:

(1) the new or modified source complies with section 5 of this rule; and

(2) in the next semiannual report required by subsection (e), the information described in subsection (d)(4) is included.

(Office of Air Quality; 326 IAC 14-9-9 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Apr 13, 1988, 3:30 p.m.: 11 IR 3016; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 86; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

Rule 10

326 IAC 14-10-1 326 IAC 14-10-1 Applicability

Rule 10. Emission Standards for Asbestos Demolition and Renovation Operations

326 IAC 14-10-1 Applicability

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 1. (a) This rule applies to the owner or operator of a demolition or renovation activity, including the removal of regulated asbestos- containing material (RACM) as follows:

(1) Prior to the commencement of the demolition or renovation, the owner or operator shall use an Indiana-licensed inspector to thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable asbestos-containing material (ACM).

(2) In accordance with subsections (b) through (f), the requirements of sections 3 and 4 of this rule apply to each owner or operator of a demolition or renovation activity.

(b) In a facility being demolished, the following apply:

(1) The notification requirements of section 3 of this rule apply and a notification is required even if no asbestos is present.

(2) Except as provided in subsection (c) for an ordered demolition, the emission control requirements of section 4 of this rule apply if the combined amount of RACM is any one (1) of the following:

(A) At least three (3) linear feet on or off pipes.

(B) At least three (3) square feet on or off other facility components.

(1) The notification requirements in section 3 of this rule and the emission control requirements in sections 3(c)(3), 4(e) through 4(h), 4(k), and 4(l) of this rule apply.

(2) The owner or operator must assume that the debris in the wreckage is contaminated with RACM and dispose of all demolition debris as RACM unless an Indiana-licensed inspector has thoroughly inspected the affected facility and certifies that no RACM is present.

(3) All RACM and any asbestos-contaminated debris or assumed RACM must be properly disposed of at an active waste disposal site operated in accordance with the requirements of 40 CFR 61.150* and 329 IAC 10-8.2-4.

(d) Except for an emergency renovation operation under subsection (e), for each facility being renovated, including any individual, nonscheduled renovation operation, the following apply:

(1) The notification requirements of section 3 of this rule apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is any one (1) of the following:

(A) At least two hundred sixty (260) linear feet on or off pipes.

(B) At least one hundred sixty (160) square feet on or off other facility components.

(2) The emission control requirements of section 4 of this rule apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed meets any of the limits in subsection (b)(2).

(e) For an emergency renovation operation, the following apply:

(1) The owner or operator must estimate the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed as a result of the sudden, unexpected event that necessitated the renovation.

(2) If the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed meets the limits in:

(A) subsection (d)(1), the notification requirements of section 3 of this rule apply; and

(B) subsection (b)(2), the emission control requirements of section 4 of this rule apply.

(f) For a planned renovation operation involving an individual, nonscheduled renovation operation for which the owner or operator of the renovation submits an annual notification in accordance with section 3(c)(5) of this rule, the following apply:

(1) The owner or operator must estimate the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed during a calendar year of January 1 through December 31.

(2) The notification requirements of section 3 of this rule apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed meets any of the limits in subsection (d)(1).

(3) The emission control requirements of section 4 of this rule apply regardless of the size of the job or the amount of RACM.

(g) For an operation described in subsections (b) through (f), if circumstances prohibit accurate measurement of RACM present prior to removal, and it becomes apparent during removal that the amount of RACM exceeds the applicable quantities, removal is to cease immediately and the following apply:

(1) The notification requirements of section 3 of this rule apply if the combined amount of RACM meets any of the limits in subsection (d)(1).

*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 46204.

(Office of Air Quality; 326 IAC 14-10- 1 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Dec 5, 1990, 3:40 p.m.: 14 IR 608; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2011; filed May 12, 1998, 9:15 a.m.: 21 IR 3739; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 87; filed May 9, 2019, 2:28 p.m.: 20190605-IR- 326090363FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-10-2 326 IAC 14-10-2 Definitions

326 IAC 14-10-2 Definitions

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-11; IC 13-15; IC 13-17

Sec. 2. In addition to the definitions in 40 CFR 61, Subpart A* and IC 13-11-2, the following definitions apply throughout this rule:

(1) "Active waste disposal site" means any disposal site other than an inactive site.

(2) "Adequately wet" means to sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from RACM, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.

(3) "Asbestos" means an asbestiform variety of the following:

(A) Chrysotile (serpentine).

(B) Crocidolite (riebeckite).

(D) Anthophyllite.

(E) Tremolite.

(F) Actinolite.

(4) "Asbestos abatement contractor" means an individual, partnership, corporation, sole proprietorship, unincorporated association, franchise, enterprise, or any other entity that enters into one (1) or more contracts providing for the individual or entity to engage in the inspection, management, or abatement of ACM for compensation.

(5) "Asbestos-containing material" or "ACM" means the following:

(A) A material that contains more than one percent (1%) asbestos by area and that:

(i) is friable; or

(ii) has a reasonable probability of becoming friable in the course of ordinary or anticipated use of the building containing the material.

(B) The term does not include asbestos-containing resilient floor covering materials, including:

(i) sheet vinyl flooring;

(ii) resilient tile; and

(iii) associated adhesives;

unless the materials are sanded, beadblasted, or mechanically pulverized so that visible emissions are discharged.

(6) "Asbestos-containing waste material" means any waste that contains commercial asbestos and is generated by a source subject to the provisions of this article. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term includes RACM waste and materials contaminated with asbestos, including disposable equipment and clothing.

(7) "Asbestos project" means an activity involving ACM, including the following:

(A) Abatement.

(B) Removal.

(D) Enclosure.

(E) Repair.

(F) Encapsulation.

(8) "Asbestos removal project" means any and all activities at a facility involving the removal, encapsulation, enclosure, abatement, renovation, repair, storage, stripping, dislodging, cutting, or drilling that result in the disturbance of a combined amount of RACM of any one (1) of the following:

(A) At least three (3) linear feet on or off pipes.

(B) At least three (3) square feet on or off other facility components.

These activities include work area preparation, implementation of engineering controls and work practices, and work area decontamination activities required by section 4 of this rule or 29 CFR 1926.1101*.

(9) "Category I nonfriable ACM" means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, Subpart E, Appendix E, Section 1, Polarized Light Microscopy*.

(10) "Category II nonfriable ACM" means any material, excluding Category I nonfriable ACM, containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, Subpart E, Appendix E, Section 1, Polarized Light Microscopy* that, when dry, cannot be crumbled, pulverized, or reduced to powder by either hand pressure or mechanical forces reasonably expected to act on the material.

(11) "Commercial asbestos" means any material containing asbestos that is extracted from ore and has value because of its asbestos content.

(12) "Cutting" means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.

(13) "Demolition" means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.

(14) "Electronic submission" means a submission of information to the department via electronic media, including:

(A) magnetic storage tape or disk;

(B) compact disc read-only memory (CD-ROM);

(D) file transfer protocol (FTP); and

(E) hypertext transfer protocol (HTTP).

(15) "Emergency renovation operation" means a renovation or operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard or is necessary to protect equipment from damage. This term includes operations necessitated by nonroutine failures of equipment.

(16) "Facility" means any:

(A) school building;

(B) institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four (4) or fewer dwelling units);

(D) active or inactive waste disposal site.

For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to this rule is included regardless of its current use or function.

(17) "Facility component" means any part of a facility, including equipment.

(18) "Friable asbestos material" means any material containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, Subpart E, Appendix E, Section 1, Polarized Light Microscopy*, that, when dry, can be crumbled, pulverized, or reduced to powder either by hand pressure or mechanical forces reasonably expected to act on the material. If the asbestos content is less than ten percent (10%), as determined by a method other than point counting by polarized light microscopy verify the asbestos content by point counting using polarized light microscopy.

(19) "Glove bag" means a sealed compartment with attached inner gloves used for the handling of ACM. Properly installed and used, glove bags provide a small work area enclosure typically used for small scale asbestos stripping operations. Information on glove bag installation, equipment and supplies, and work practices is contained in Appendix G to 29 CFR 1926.1101*.

(20) "Grinding" means to reduce to powder or small fragments and includes mechanical chipping or drilling.

(21) "High efficiency particulate air" or "HEPA" means a filtering system capable of trapping and retaining at least ninety-nine and ninety-seven hundredths percent (99.97%) of all monodispersed particles of three-tenths (0.3) micrometers in diameter or larger.

(22) "Inactive waste disposal site" means any disposal site or portion of the disposal site where additional asbestos-containing waste material has not been deposited within the previous twelve (12) months.

(23) "In poor condition" means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.

(24) "Inspector" means a person licensed under 326 IAC 18 to conduct an inspection for ACM in a facility.

(25) "Installation" means any building or structure or any group of buildings or structures that are under the control of the same owner or operator (or owner or operator under common control), and that are at:

(A) a single demolition or renovation site; or

(B) multiple demolition or renovation sites as part of an urban renewal project or highway project.

(26) "Leak-tight" means that solids or liquids cannot escape or spill out. It also means dust-tight.

(27) "Manufacturing" means the combining of commercial asbestos or, in the case of woven friction products, the combining of textiles containing commercial asbestos with any other materials, including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.

(28) "Nonfriable ACM" means any material containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, Subpart E, Appendix E, Section 1, Polarized Light Microscopy*, that, when dry, cannot be crumbled, pulverized, or reduced to powder by either hand pressure or mechanical forces reasonably expected to act on the material.

(29) "Nonscheduled renovation operation" means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

(30) "Ordered demolition" means demolition of a facility under an order of a state or local governmental agency, issued because the facility is both structurally unsound and in danger of imminent collapse.

(31) "Outside air" means the air outside buildings and structures, including the air under a bridge or in an open air ferry dock.

(32) "Owner or operator of a demolition or renovation activity" means any person who owns, leases, operates, controls, or supervises either or both of the following:

(A) A facility being demolished or renovated.

(B) A demolition or renovation operation.

(33) "Particulate asbestos material" means finely divided particles of asbestos or material containing asbestos.

(34) "Planned renovation operation" means a renovation operation, or a number of renovation operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual, nonscheduled renovation operations are included if a number of renovations can be predicted to occur during a given period of time based on operating experience.

(35) "Project supervisor" means a person licensed under 326 IAC 18 to supervise or perform any of the following activities with respect to RACM in a facility:

(A) An asbestos project.

(B) A maintenance activity that disturbs RACM.

(36) "Regulated asbestos-containing material" or "RACM" means the following:

(A) Friable asbestos material.

(B) Category I nonfriable ACM that has become friable.

(i) sanding;

(ii) grinding;

(iii) cutting;

(iv) abrading; or

(v) burning.

(D) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this article.

(E) The term does not include nonfriable asbestos-containing resilient floor covering materials, including:

(i) sheet vinyl flooring;

(ii) resilient tile; and

(iii) associated adhesives;

unless the materials are sanded, beadblasted, or mechanically pulverized so that visible emissions are discharged or the materials are burned.

(37) "Removal or demolition contractor" means the person or company responsible for conducting renovation or demolition at a facility.

(38) "Remove" means to take out RACM or facility components that contain or are covered with RACM from any facility.

(39) "Renovation" means altering a facility or one (1) or more facility components in any way, including the stripping or removal of RACM from a facility component together with any related handling operation. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

(40) "Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one percent (1%) asbestos as determined using polarized light microscopy according to the method specified in 40 CFR 763, Subpart E, Appendix E, Section 1, Polarized Light Microscopy*.

(41) "School" means any elementary or secondary institutional day or residential school, including a public elementary or secondary charter school, that provides education, as determined under state law, except that the term does not include any education beyond grade 12.

(42) "School building" means any of the following:

(A) A structure suitable for use as a:

(i) classroom;

(ii) laboratory;

(iii) library;

(iv) school eating facility; or

(v) facility used for the preparation of food.

(B) A gymnasium or other facility that is specifically designed for athletic or recreational activities for an academic course in physical education.

(C) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.

(D) A maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in clauses (A) through (C).

(E) A portico or covered exterior hallway or walkway.

(F) An exterior portion of a mechanical system used to heat, ventilate, or air condition the interior space.

(43) "Strip" means to take off RACM from any part of a facility or facility components.

(44) "Structural member" means any load-supporting member of a facility, such as beams and load-supporting walls, or any nonload- supporting member, such as ceilings and nonload-supporting walls.

(45) "Visible emissions" means any emissions, which are visually detectable without the aid of instruments, emitted from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed uncombined water vapor.

(46) "Work area" means the facility, room, or portion of a facility or room where an asbestos removal project is about to occur, is in progress, or has been completed, extending to the point where access to the area, as indicated by poly plastic sheeting that forms and surrounds the containment area, or demarcation by signs or barrier tape, including the glove bag operation area, is limited to those workers or project supervisors, or other persons authorized by the employer and required by work duties to be present in regulated areas, implementing the asbestos removal project.

(47) "Worker" means a person licensed under 326 IAC 18 to perform the following activities with respect to RACM in a facility:

(A) An asbestos project.

(B) A maintenance activity that disturbs RACM.

(48) "Working day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

*These documents are 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 46204.

(Office of Air Quality; 326 IAC 14-10- 2 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Dec 5, 1990, 3:40 p.m.: 14 IR 609; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2013; filed May 12, 1998, 9:15 a.m.: 21 IR 3740; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 88; filed May 9, 2019, 2:28 p.m.: 20190605-IR- 326090363FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-10-3 326 IAC 14-10-3 Notification requirements

326 IAC 14-10-3 Notification requirements

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 3. (a) Each owner or operator of a demolition or renovation activity to whom this section applies shall provide notification to the department in accordance with this section. A notification is required even if no asbestos is present.

(b) The owner or operator shall provide the department with written notification of the intention to demolish or renovate a facility or facility component on a form provided by the department and submit a revised notification as necessary, including for the following:

(1) When the amount of affected RACM increases or decreases by at least twenty percent (20%).

(2) If there is a change in the following:

(A) Asbestos removal or demolition start date.

(B) Removal or demolition contractor.

(c) The owner or operator shall postmark or deliver the notification via the United States Postal Service, commercial delivery service, electronic submission, facsimile, or hand delivery according to the appropriate deadline as follows:

(1) For a demolition operation described in section 1(b) of this rule, one (1) of the following:

(A) At least ten (10) working days before asbestos stripping or removal work or any other activity, such as site preparation, begins that would break up, dislodge, or similarly disturb asbestos material if the facility contains a combined amount of RACM on or off facility components of at least:

(i) three (3) square feet;

(ii) three (3) linear feet; or

(iii) seventy-five hundredths (0.75) cubic foot.

(B) At least ten (10) working days before demolition begins if:

(i) the facility contains a combined amount of RACM on or off facility components of less than the limits listed in clause (A)(i) through (A)(iii); or

(ii) there is no asbestos in the facility.

(2) For an ordered demolition described in section 1(c) of this rule, as early as possible before demolition begins.

(3) For a renovation operation described in section 1(d) of this rule, at least ten (10) working days before asbestos stripping or removal work or any other activity, such as site preparation, begins that would break up, dislodge, or similarly disturb asbestos material.

(4) For an emergency renovation operation described in section 1(e) of this rule, as early as possible before asbestos stripping or removal work begins, but not later than the following working day.

(5) For a planned renovation operation described in section 1(f) of this rule, at least ten (10) working days before the end of the calendar year preceding the year for which notification is being given.

(d) The owner or operator shall include the following information in the notification:

(1) An indication of whether the notification is the original, a revised, or canceled copy, if applicable.

(2) For a revised notification, a copy of the original notification or the previous revised notification.

(3) The name, address, telephone number, and electronic mail address of:

(A) both the facility owner and operator;

(B) the asbestos abatement contractor owner or operator; and

(4) The type of operation, such as:

(A) demolition;

(B) demolition by intentional burning;

(D) renovation;

(E) emergency renovation operation; or

(F) planned nonscheduled renovation operation as described in section 1(f) of this rule.

(5) A description of the facility or affected part of the facility, including the:

(A) size in square feet;

(B) number of floors;

(D) present and prior use of the facility.

(6) The procedure employed to detect the presence and amount of RACM and Category I and Category II nonfriable ACM, including analytical methods.

(7) An estimate of:

(A) the approximate amount of RACM to be removed in the facility in terms of:

(i) linear feet on or off pipes;

(ii) square feet on or off other facility components;

(iii) total cubic feet on or off all facility components; and

(iv) total amount on or off all facility components where the length or area could not be measured previously; and

(B) the approximate amount of Category I and Category II nonfriable ACM in the affected part of the facility that will not be removed before demolition.

(8) The location of the facility being demolished or renovated including:

(A) street address, including building number or name and floor or room number, if appropriate;

(B) city;

(D) state; and

(E) zip code.

(9) The scheduled starting and completion dates of an asbestos removal project, that would break up, dislodge, or similarly disturb RACM in a demolition or renovation operation, as follows:

(A) Planned renovation operations involving only individual, nonscheduled renovation operations must include the beginning and ending dates of the report period as described in section 1(f) of this rule.

(B) For renovation operations, scheduled starting and completion dates of the renovation operation.

(10) A description of the planned demolition or renovation work to be performed and methods to be employed, including demolition or renovation techniques to be used and a description of the affected facility components.

(11) A description of the work practices and engineering controls to be used to comply with this rule, including RACM removal and waste handling emission control procedures.

(12) A description of the procedures to be followed in the event that unexpected RACM is found or Category I or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder.

(13) The name and location of the active waste disposal site where the asbestos-containing waste material will be deposited.

(14) A signed certification from the owner or operator that:

(A) at least one (1) person trained as required by 40 CFR 61.145(c)(8)* will supervise the stripping and removal described by the notification;

(B) the information provided in the notification is correct; and

(15) For an ordered demolition, the notification must include:

(A) the name, title, and authority of the state or local governmental representative who has ordered the demolition;

(B) the date that the order was issued;

(D) a copy of the order.

(16) For demolition and renovation operations, the name, address, telephone number, electronic mail address, and asbestos license number issued under 326 IAC 18 of the person who:

(A) inspected the facility for RACM;

(B) designed the asbestos removal project if RACM is present, if applicable; and

(17) For an emergency renovation operation:

(A) the date and hour that the emergency occurred;

(B) a description of the sudden, unexpected event; and

(18) The name, address, electronic mail address, and telephone number of the waste transporter.

(e) When the stripping or removal of RACM in demolition or renovation operations described in section 1(b) or 1(d) of this rule will begin on a date:

(1) after the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new stripping or removal start date to the department:

(A) postmarked at least five (5) working days; or

(B) delivered at least two (2) working days;

before the start date of asbestos stripping or removal specified in the notification that is being revised; or

(2) earlier than the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new stripping or removal start date to the department postmarked or delivered at least ten (10) working days before the new start date of asbestos stripping or removal work begins.

(f) When the demolition described in section 1(b) of this rule, including the demolition of facilities with no asbestos, will begin on a date:

(1) after the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new demolition start date to the department:

(A) postmarked at least five (5) working days; or

(B) delivered at least two (2) working days;

before the start date of demolition specified in the notification that is being revised; or

(2) earlier than the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new demolition start date to the department postmarked or delivered at least ten (10) working days before the new start date of demolition.

(g) RACM removal work or any other activity, including site preparation, that would break up, dislodge, or similarly disturb asbestos material, or demolition activities must not begin on a date other than the date contained in the most recent written notification.

(Office of Air Quality; 326 IAC 14-10- 3 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Dec 5, 1990, 3:40 p.m.: 14 IR 610; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2016; errata filed Apr 12, 1995, 3:30 p.m.: 18 IR 2261; filed May 12, 1998, 9:15 a.m.: 21 IR 3743; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 91; filed May 9, 2019, 2:28 p.m.: 20190605-IR-326090363FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)

326 IAC 14-10-4 326 IAC 14-10-4 Asbestos emission control

326 IAC 14-10-4 Asbestos emission control

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 4-21.5-3-7; IC 13-15; IC 13-17

Sec. 4. (a) The owner or operator of a demolition or renovation activity to whom this section applies shall comply with the applicable emission control procedures in this section.

(b) The owner or operator shall remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if the RACM meets any one (1) of the following requirements:

(1) It is Category I nonfriable ACM that:

(A) is not in poor condition;

(B) is not friable; and

(2) It is on a facility component that is:

(A) encased in concrete or other similarly hard material; and

(B) adequately wet whenever exposed during demolition.

(3) It was not accessible for testing and not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be:

(A) treated as asbestos-containing waste material; and

(B) adequately wet at all times until properly disposed of at an active waste disposal site operated in accordance with the requirements of 40 CFR 61.150* and 329 IAC 10-8.2-4.

(4) It is Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition.

(c) When a facility component that contains, is covered with, or is coated with RACM is taken out of the facility as a unit or in sections, the following requirements apply:

(1) All RACM exposed during cutting or disjoining operations must be adequately wet.

(2) Each unit or section must be carefully lowered to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM.

(3) After a facility component has been taken out of the facility as a unit or in sections, it must be stripped or contained in leak-tight wrapping, except as described in subsection (e). If stripped, one (1) of the following must be performed:

(A) Adequately wet RACM during stripping.

(B) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air and be designed and operated in accordance with the requirements in 40 CFR 61.152*.

(d) When RACM is stripped from a facility component while it remains in place in the facility, the RACM must be adequately wet during the stripping operation. In renovation operations, wetting is not required if the following occur:

(1) The owner or operator has obtained prior written approval from the department based on a written application indicating that wetting to comply with this subsection would unavoidably damage equipment or present a safety hazard.

(2) The owner or operator uses one (1) or more of the following emission control methods:

(A) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air and be designed and operated in accordance with the requirements in 40 CFR 61.152*.

(B) A glove bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.

(3) In renovation operations where wetting would result in equipment damage or a safety hazard and the methods in subdivision (2) cannot be used, another method may be used after obtaining written approval from the department based upon a determination that the method is equivalent to wetting in controlling emissions or to the methods in subdivision (2).

(4) A copy of the department's written approval must be kept at the work site and made available for inspection.

(5) Denial by the department of prior written approval referenced in this subsection may be appealed under IC 4-21.5-3- 7.

(e) For large facility components, such as reactor vessels, large tanks, and steam generators, but not beams, that must be handled in accordance with subsections (c) and (d), the RACM is not required to be stripped if the following requirements are met:

(1) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM.

(2) The component is encased in a leak-tight wrapping.

(3) The leak-tight wrapping is labeled according to 40 CFR 61.149(d)(1)* during all loading and unloading operations and during storage.

(f) For all RACM, including material that has been removed or stripped, the following requirements must be met:

(1) The material must:

(A) be adequately wet;

(B) remain wet until collected and contained or treated for disposal;

(D) be adequately wet throughout all stages of disposal.

(2) The materials must be carefully lowered to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material.

(3) The material must be transported to the ground via leak-tight chutes or containers if it has been removed or stripped more than fifty (50) feet above ground level and was not removed as units or in sections.

(4) RACM contained in leak-tight wrapping that has been removed in accordance with subsection (c)(3), (d)(2)(C), or (g)(2)(B)(iii) need not be wetted.

(g) When the temperature at the point of wetting is below zero (0) degrees Celsius (thirty-two (32) degrees Fahrenheit), the owner or operator must proceed with both of the following:

(1) Remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible.

(2) During periods when wetting operations are suspended due to freezing temperatures, the following requirements must be met:

(A) Record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the department at the demolition or renovation site and retain the temperature records for at least two (2) years.

(B) Use one (1) or more of the following emission control methods:

(i) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air and be designed and operated in accordance with the requirements in 40 CFR 61.152*.

(ii) A glove bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.

(iii) Leak-tight wrapping to contain all RACM prior to removal.

(h) For facilities described in section 1(c) of this rule undergoing an ordered demolition, adequately wet the portion of the facility that contains RACM and suspect RACM during the wrecking cleanup, disposal, and related handling operations.

(i) Upon completion of stripping and removal operations for a demolition operation described in section 1(b) of this rule and a renovation operation described in section 1(d) through 1(g) of this rule, collect visible contamination of asbestos by employing one (1) or both of the following cleaning procedures:

(1) Vacuum all surfaces in the work area using a vacuum equipped with a HEPA filter and remove all standing water.

(2) Wet wipe or wet mop all surfaces in the work area and remove all standing water.

(j) Upon completion of the cleanup requirements identified in subsection (i), prior to the removal of the warning signs or other demarcation of the work area, an Indiana-licensed project supervisor shall perform a final visual inspection of the work area for visible suspect RACM debris as follows:

(1) If visible suspect RACM debris is discovered, then the requirements of subsection (i) must be repeated until all visible suspect RACM debris has been removed.

(2) Upon completion of the visual inspection and requirements of subdivision (1), if applicable, the project supervisor shall certify in writing that the final visual inspection was completed and the work area is free of all visible suspect asbestos debris.

(3) The certification must:

(A) include the date of the final visual inspection, the location of the asbestos removal project, and the licensed project supervisor's signature;

(B) be retained by the asbestos abatement contractor for a period of at least three (3) years from the date of the final visual inspection;

(D) be copied and the copy sent to the building owner.

(k) For any RACM or suspect RACM, the following requirements must be met:

(1) Any stripped, disturbed, or removed friable asbestos materials, including material that is in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored as follows:

(A) The material must be stored:

(i) in a manner that restricts access by unauthorized persons to the material; and

(ii) in locked containers, rooms, trucks, or trailers.

(B) Asbestos warning signs or labels must be prominently displayed:

(i) on the door of the locked containers, rooms, trucks, or trailers; and

(ii) in all areas where asbestos is stored.

(C) If secure areas are not available, other security measures must be employed, including the use of barriers, security guards, or other measures approved by the department.

(2) If an ongoing asbestos project is interrupted for any nonemergency situation, the following apply:

(A) All RACM that was disturbed, stripped, or removed must be:

(i) adequately wet;

(ii) placed into leak-tight wrapping; and

(iii) stored in a manner consistent with subdivision (1).

(B) If the RACM that was stripped, disturbed, or removed is not, or cannot be, collected and placed into leak-tight wrapping and stored during the abatement interruption, an Indiana-licensed worker or project supervisor must remain at the job site to prevent unauthorized persons from entering the work area.

(l) If a facility is demolished by intentional burning, all RACM, including Category I and Category II nonfriable ACM, must be removed in accordance with this rule before burning. ACM may not be burned.

(m) An asbestos removal project must not be implemented at a facility regulated by this rule unless at least one (1) Indiana-licensed project supervisor, trained in the provisions of this rule and 40 CFR 61, Subpart M*, and the means of complying with them, is present on-site in the work area during the asbestos removal project.

(n) An Indiana-licensed project supervisor shall attend annual refresher training from an Indiana-approved project supervisor course as provided for in 326 IAC 18 and 40 CFR 61, Subpart M*. The required training must include, as a minimum, the following:

(1) Applicability.

(2) Notifications.

(3) Material identification.

(4) Control procedures for removals, including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove bag procedures, and HEPA filters.

(5) Waste disposal work practices.

(6) Reporting and record keeping.

(7) Asbestos hazards and worker protection.

(o) Evidence that the training required under subsection (n) has been completed must be posted and made available for inspection by the department at the demolition or renovation site.

(Office of Air Quality; 326 IAC 14-10- 4 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Dec 5, 1990, 3:40 p.m.: 14 IR 611; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2018; filed May 12, 1998, 9:15 a.m.: 21 IR 3745; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 93; filed May 9, 2019, 2:28 p.m.: 20190605-IR- 326090363FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14-10-5 326 IAC 14-10-5 Demolition and renovation fees

326 IAC 14-10-5 Demolition and renovation fees

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-17

Sec. 5. (a) An owner or operator of a demolition or renovation activity subject to this rule shall pay a fee to the department for each asbestos project for which a notification is required under section 1 of this rule as follows:

(1) One hundred fifty dollars ($150) per facility for a demolition or renovation operation involving greater than or equal to:

(A) two thousand six hundred (2,600) linear feet of friable ACM on or off pipes;

(B) one thousand six hundred (1,600) square feet of friable ACM on or off other facility components; or

(2) Fifty dollars ($50) per facility for a demolition or renovation operation involving less than:

(A) two thousand six hundred (2,600) linear feet of friable ACM on or off pipes;

(B) one thousand six hundred (1,600) square feet of friable ACM on or off other facility components; or

(b) The department shall bill the owner or operator who submits notifications pursuant to section 1 of this rule on a quarterly basis as determined by the number of notifications received during the previous quarter.

(1) by mail or in person;

(2) upon billing;

(3) by check or money order;

(4) payable to "Cashier, Indiana Department of Environmental Management"; and

(5) no later than thirty (30) days after receipt of billing.

(Office of Air Quality; 326 IAC 14-10-5 [NOTE: Under P.L. 135-2026, SECTION 53, the name of Air Pollution Control Division is changed to Office of Air Quality, effective July 1, 2026.]; filed Nov 30, 1990, 4:20 p.m.: 14 IR 607; filed May 9, 2019, 2:28 p.m.: 20190605-IR-326090363FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)

326 IAC 14 — ARTICLE 14. EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Rule 1

326 IAC 14-1-1 326 IAC 14-1-1 Applicability

326 IAC 14-1-2 326 IAC 14-1-2 Definitions

326 IAC 14-1-3 326 IAC 14-1-3 More stringent limitations apply

326 IAC 14-1-4 326 IAC 14-1-4 Federal regulations (Repealed)

Rule 2

326 IAC 14-2-1 326 IAC 14-2-1 Applicability; incorporation by reference of federal standards

Rule 3

326 IAC 14-3-1 326 IAC 14-3-1 Applicability; incorporation by reference of federal standards

Rule 4

326 IAC 14-4-1 326 IAC 14-4-1 Applicability; incorporation by reference of federal standards

Rule 5

326 IAC 14-5-1 326 IAC 14-5-1 Applicability; incorporation by reference of federal standards

Rule 6

326 IAC 14-6-1 326 IAC 14-6-1 Applicability; incorporation by reference of federal standards

Rule 7

326 IAC 14-7-1 326 IAC 14-7-1 Applicability; incorporation by reference of federal standards

Rule 8

326 IAC 14-8-1 326 IAC 14-8-1 Applicability

326 IAC 14-8-2 326 IAC 14-8-2 Definitions

326 IAC 14-8-3 326 IAC 14-8-3 Test methods and procedures

326 IAC 14-8-4 326 IAC 14-8-4 Record keeping requirements

326 IAC 14-8-5 326 IAC 14-8-5 Reporting requirements

Rule 9

326 IAC 14-9-1 326 IAC 14-9-1 Applicability

326 IAC 14-9-2 326 IAC 14-9-2 Definitions

326 IAC 14-9-3 326 IAC 14-9-3 Light-oil sumps

326 IAC 14-9-4 326 IAC 14-9-4 Final coolers and final-cooler cooling towers

326 IAC 14-9-5 326 IAC 14-9-5 Equipment leaks

326 IAC 14-9-6 326 IAC 14-9-6 Compliance determinations

326 IAC 14-9-7 326 IAC 14-9-7 Compliance schedule

326 IAC 14-9-8 326 IAC 14-9-8 Test methods and procedures

326 IAC 14-9-9 326 IAC 14-9-9 Record keeping and reporting requirements

Rule 10

326 IAC 14-10-1 326 IAC 14-10-1 Applicability

326 IAC 14-10-2 326 IAC 14-10-2 Definitions

326 IAC 14-10-3 326 IAC 14-10-3 Notification requirements

326 IAC 14-10-4 326 IAC 14-10-4 Asbestos emission control

326 IAC 14-10-5 326 IAC 14-10-5 Demolition and renovation fees

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