Nine Indiana counties do not currently meet the new federal 1-hour sulfur dioxide standard, and the Indiana Department of Environmental Management has recommended that the U.S. Environmental Protection Agency declare them in "nonattainment" with the standard.

Final designation will come next year and will depend on U.S. EPA review of the data. Monitoring results in those counties could change because federal rules are bringing SO2 emissions down, IDEM says.

Studies link short-term exposure to SO₂ with breathing difficulties and increased asthma symptoms, especially during exercise or play.  Studies also show a connection between short-term exposure and increased visits to emergency departments and hospital admissions for respiratory illnesses, particularly in at-risk populations including children, the elderly, and asthmatics.

According to U.S. EPA, 73 percent of SO2 emissions come from power plants that burn fossil fuels, such as coal. Another 20 percent comes from other industries.

The nine counties that currently measure ambient concentrations above the new 1-hour SO2 standard are Daviess, Floyd, Fountain, Gibson, Marion, Morgan, Pike, Vigo, and Wayne counties. Indiana is recommending these nine counties to be classified as nonattainment based on the monitored violations.

"Indiana is also recommending Vermillion County be classified nonattainment based on contributions to the monitor in Fountain County," IDEM's report stated. "Indiana feels that these ten counties incorporate all sources likely contributing to monitored violations of the standard within 50 km of a monitoring site. Indiana is requesting that any county not outlined in this enclosure be designated as unclassifiable.”

For more information, download IDEM's preliminary recommendations to EPA by clicking here.

Five residents testified about terrible, nightmarish problems they have had with neighbors’ OWB units. Problems included OWBs burning coal, vinyl siding, trash and other noxious items. Others testified about burning eyes, throats, hospital visits and medical bills related to neighbors who used OWBs.

IKE proposed three amendments to the rule, with the support of Hoosier Environmental Council, Indiana Public Health Association, Indiana PTA, American Lung Association of the Midwest, Sierra Club Hoosier Chapter, Izaak Walton League of America-Indiana Division, Save the Dunes, Valley Watch and Legal Environmental Aid Foundation of Indiana. 

Our amendments would have:

1. Strengthened Stack Height Requirements: We argued that permanent stacks should be required to extend five feet higher than the peak of neighboring occupied buildings within 300 feet of the unit.

2. Banned Use of non-Phase 2 OHH units from May through September: We argued that allowing OHH operation during these months would contribute to poor air quality during the ozone season, which can have even more serious health effects on children, the elderly and those with respiratory diseases.

3. Added a Nuisance Provision: We asked for a nuisance provision specific to OHH units that will provide clear operating guidelines to the owners of these units and the ability to monitor compliance with cameras, similar to Maine’s requirements.

Results: The nuisance provision received a lot of discussion. IDEM staff (Phil Perry and Ann Long) expressed strong concerns about the enforceability and utility of a nuisance provision. Another concern was that the brand-new language in the amendment would have required another public comment period. That would have delayed the vote into at least the fall, losing another heating season. 

The board voted 7-3 to ban use of the non-Phase 2 OWBs in May and September. The IDEM rule language would have banned their use only in June, July and August. That means two more months of clean air for some OWB neighbors.

For more information, click here to read a memo IKE wrote to Board Members about the latest research on these units and why we asked for a stronger rule.