CHAPTER 8. RULES AND STANDARDS
IC 13-14-8
Chapter 8. Rules and Standards
IC 13-14-8-1
Adoption or modification of rules and standards
Sec. 1. The boards may:
(1) adopt;
(2) repeal;
(3) rescind; or
(4) amend;
rules and standards by proceeding in the manner prescribed inIC 4-22-2 and IC 13-14-9.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-2
Proposal for adoption or modification of rules and standards
Sec. 2. (a) The department may propose to the boards the:
(1) adoption;
(2) repeal;
(3) rescission; or
(4) amendment;
of any rule or standard.
(b) The rules proposed by the department must be adopted by theappropriate board under IC 4-22-2 and IC 13-14-9 before the rulesbecome effective.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-3
Scope
Sec. 3. A rule or standard adopted by a board may:
(1) make different provisions as required by varyingcircumstances and conditions for different contaminant sourcesand for different geographical areas;
(2) be made applicable to sources outside Indiana that:
(A) are causing;
(B) are contributing to; or
(C) could cause or contribute to;
environmental pollution in Indiana; and
(3) make provision for abatement standards and procedures:
(A) concerning occurrences, emergencies, or pollution; or
(B) on other short term conditions constituting an acutedanger to health or to the environment.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-4
Considerations in adoption
Sec. 4. In adopting rules and establishing standards, a board shalltake into account the following:
(1) All existing physical conditions and the character of the areaaffected. (2) Past, present, and probable future uses of the area, includingthe character of the uses of surrounding areas.
(3) Zoning classifications.
(4) The nature of the existing air quality or existing waterquality, as appropriate.
(5) Technical feasibility, including the quality conditions thatcould reasonably be achieved through coordinated control of allfactors affecting the quality.
(6) Economic reasonableness of measuring or reducing anyparticular type of pollution.
(7) The right of all persons to an environment sufficientlyuncontaminated as not to be injurious to:
(A) human, plant, animal, or aquatic life; or
(B) the reasonable enjoyment of life and property.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-5
Proposals for rule
Sec. 5. (a) Any person may present written proposals for theadoption, amendment, or repeal of a rule by one (1) of the boards. Aproposal presented under this section must be:
(1) supported by a statement of reasons; and
(2) accompanied by a petition signed by at least two hundred(200) persons.
(b) If the board with rulemaking authority in the subject area towhich the rule pertains finds that the proposal:
(1) is not plainly devoid of merit; and
(2) does not deal with a subject on which a hearing was heldwithin the previous six (6) months of the submission of theproposal;
the board shall give notice and hold a hearing on the proposal.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-6
Hearings
Sec. 6. (a) Each hearing on a proposed rule must be open to thepublic, and a reasonable opportunity to be heard with respect to thesubject of a hearing shall be afforded to any person.
(b) All testimony taken at a hearing shall be recorded. Thetranscript of the hearing and any written submissions to the board atthe hearing shall be open to public inspection, and copies of thetranscript and written submissions shall be made available to anyperson upon payment of the cost of reproducing the original.
(c) A person who:
(1) is heard or represented at a hearing; or
(2) requests notice;
shall be given written notice of the action of the board with respectto the subject of the hearing.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-7
Duties of board
Sec. 7. (a) Without limiting the generality of the regulatoryauthority of the boards under this title, the appropriate board mayadopt rules under IC 4-22-2 and IC 13-14-9 prescribing thefollowing:
(1) Standards or requirements for discharge or emissionspecifying the maximum permissible short term and long termconcentrations of various contaminants of the air, water, orland.
(2) Procedures for the administration of a system of permits for:
(A) the discharge of any contaminants;
(B) the construction, installation, or modification of any:
(i) facility;
(ii) equipment; or
(iii) device;
that may be designed to control or prevent pollution; or
(C) the operation of any:
(i) facility;
(ii) equipment; or
(iii) device;
to control or to prevent pollution.
(3) Standards and conditions for the use of any fuel or vehicledetermined to constitute an air pollution hazard.
(4) Standards for the filling or sealing of abandoned:
(A) water wells;
(B) water holes; and
(C) drainage holes;
to protect ground water against contamination.
(5) Alert criteria and abatement standards for pollution episodesor emergencies constituting an acute danger to health or to theenvironment, including priority lists for terminating activitiesthat contribute to the hazard, whether or not the activities wouldmeet all discharge requirements of the board under normalconditions.
(6) Requirements and procedures for the inspection of anyequipment, facility, vehicle, vessel, or aircraft that may cause orcontribute to pollution.
(7) Requirements and standards for equipment and proceduresfor:
(A) monitoring contaminant discharges at their sources;
(B) the collection of samples; and
(C) the collection, reporting, and retention, in accordancewith record retention schedules adopted under IC 5-15-5.1,of data resulting from that monitoring.
(8) Standards or requirements to control:
(A) the discharge; or
(B) the pretreatment;
of contaminants introduced or discharged into publicly ownedtreatment works. (b) If the solid waste management board or air pollution controlboard is required to adopt new rules or amend existing rules toimplement an amendment to the federal Resource Conservation andRecovery Act or an amendment to or addition of a National EmissionStandard for Hazardous Air Pollutants under the federal Clean AirAct, the board shall adopt the new rules or amend the existing rulesnot more than nine (9) months after the date the federal law becomeseffective. This subsection does not limit a board's authority to amendat any time the rules adopted under this subsection.
As added by P.L.1-1996, SEC.4. Amended by P.L.123-1996, SEC.10.
IC 13-14-8-8
Variance from rules
Sec. 8. (a) Except as provided in section 9 of this chapter, if aperson who is affected by a rule adopted by a board believes that theimposition of the rule would impose an undue hardship or burdenupon the person, the person may apply to the commissioner for avariance from the rule.
(b) The commissioner may hold a public hearing on an applicationsubmitted under subsection (a).
(c) If the commissioner determines that immediate compliancewith the rule would impose an undue hardship or burden upon theapplicant, the commissioner, except as provided in section 9 of thischapter, may grant a variance from the rule for any period notexceeding one (1) year.
(d) Upon the request of an applicant, the commissioner may renewan expired variance if the commissioner determines that compliancewith the rule would continue to impose an undue hardship or burdenupon the applicant. Except as provided in section 9 of this chapter,each renewal may be granted for a period not exceeding one (1) year.
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.1.
IC 13-14-8-9
Criteria for variance from water quality standards; pollutantminimization plan; duration of variance; renewal
Sec. 9. (a) A variance from a water quality standard that is at leastin part the basis of a National Pollutant Discharge EliminationSystem (NPDES) permit issued under this title must meet theconditions specified in:
(1) 40 CFR Part 132, Appendix F, Procedure 2.C; and
(2) rules adopted by the board.
(b) A variance application must contain a pollutant minimizationplan specific to the pollutant for which the variance is requested.With respect to a variance relating to an NPDES permit for acombined sewer overflow discharge, this subsection is satisfied if theNPDES permit holder has prepared a long term control plan and isimplementing the nine (9) minimum controls pursuant to:
(1) 33 U.S.C. 1342(q); and
(2) 59 FR 18688.
(c) Subject to subsection (d), a variance described in subsection
(a) may be granted for a period not to exceed the term of the NPDESpermit affected by the variance.
(d) If an NPDES permit remains in effect beyond its stated termunder IC 13-15-3-6, a variance described in subsection (a) remainsin effect for as long as the NPDES permit requirements affected bythe variance are in effect.
(e) A variance described in subsection (a) may be renewed eachtime the NPDES permit affected by the variance is renewed if theconditions of subsections (a) and (b) continue to be met.
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.2;P.L.54-2005, SEC.1.
IC 13-14-8-10
Undue hardship; criteria
Sec. 10. A board may adopt rules under IC 4-22-2 to specify thefollowing with respect to any of the board's rules:
(1) Criteria to define what constitutes an undue hardship orburden, as used in section 8 of this chapter, for the purposes ofthat rule.
(2) Procedures for making determinations on applications forvariances from that rule.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-11
Appeals
Sec. 11. (a) A person affected by a decision of the commissionerunder sections 8 and 9 of this chapter may, within fifteen (15) daysafter receipt of notice of the decision, appeal the decision to theoffice of environmental adjudication. All proceedings under thissection to appeal the commissioner's decision are governed byIC 4-21.5.
(b) The commissioner's decision to grant a variance does not takeeffect until available administrative remedies are exhausted.
As added by P.L.1-1996, SEC.4. Amended by P.L.25-1997, SEC.4.
IC 13-14-8-11.5
Site-specific limitation for NPDES permit; application process andcriteria
Sec. 11.5. (a) The department shall prepare and publish in theIndiana Register guidance on the application process and criteria forobtaining a site-specific limitation for a National Pollutant DischargeElimination System (NPDES) permit. Criteria to be considered mustinclude wet weather events, water effects ratio, and othersite-specific considerations as determined by the department. Watereffects ratio shall be the ratio of the aquatic toxicity of a parameterin the water of the receiving stream compared to the aquatic toxicityof the parameter in the laboratory water used to determine thestandard.
(b) Beginning January 1, 1997, the department shall review anyapplication and make a preliminary determination for a site-specific
limitation not later than one hundred eighty (180) days after receiptof the application. The department may request additionalinformation necessary to make the preliminary determinationconsistent with the guidance published under subsection (a). The onehundred eighty (180) day period does not include any days betweenthe date the department requests additional information and the datethe additional information is received by the department.
(c) The final determination on a site-specific limitation will bepart of the NPDES permit decision under 327 IAC 5.
(d) If the agency does not issue a preliminary determinationwithin the one hundred eighty (180) days provided for in subsection(b), the applicant may require that the department hire a qualifiedoutside consultant to prepare the preliminary determination asexpeditiously as possible.
(e) The department and the applicant may agree to extend the onehundred eighty (180) day period provided for in subsection (b).
As added by P.L.123-1996, SEC.3.
IC 13-14-8-11.6
Permits for modification or construction of water pollution facility
Sec. 11.6. (a) A discharger is not required to obtain a state permitfor the modification or construction of a water pollution treatment orcontrol facility if the discharger has an effective:
(1) National Pollutant Discharge Elimination System (NPDES)industrial permit for direct discharges to surface water; or
(2) industrial waste pretreatment permit not issued by thedepartment for discharges to a publicly owned treatment works.
(b) If a modification is for the treatment or control of any newinfluent pollutant or increased levels of any existing pollutant, withinthirty (30) days after commencement of operation, the dischargershall file with the department a notice of installation for theadditional pollutant control equipment and a design summary of anymodifications.
(c) The water pollution control board shall adopt a general permitrule for the approval of sanitary collection system plans, lift stationplans, and force main plans.
As added by P.L.72-1999, SEC.2.