CHAPTER 3. POWERS AND DUTIES CONCERNING AIR POLLUTION CONTROL
IC 13-17-3
Chapter 3. Powers and Duties Concerning Air Pollution Control
IC 13-17-3-1
Assistance to local governments
Sec. 1. The department shall provide assistance on air pollutionmatters to towns, cities, and counties.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-2
Inspections
Sec. 2. The commissioner may conduct inspections under airpollution control laws in accordance with IC 13-14-2.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-3
Enforcement
Sec. 3. Air pollution control laws may be enforced underIC 13-14-2-6 or IC 13-30-3.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-4
Adoption or amendment of rules
Sec. 4. (a) The board shall adopt rules under IC 4-22-2 that are:
(1) consistent with the general intent and purposes declared inIC 13-17-1 and section 1 of this chapter; and
(2) necessary to the implementation of the federal Clean AirAct (42 U.S.C. 7401 et seq.), as amended by the Clean Air ActAmendments of 1990 (P.L.101-549).
(b) Notwithstanding IC 13-15-5, the board may adopt rules underIC 4-22-2 and IC 13-14-9 that allow the commissioner's actions onpermits and permit modifications to become effective immediately,regardless of whether a thirty (30) day comment period is held on thepermits or permit modifications. The board may adopt rules underthis subsection only after considering the:
(1) environmental significance of;
(2) federal requirements for federally delegated or approvedprograms concerning; and
(3) need for opportunity for public participation on;
the permits or permit modifications.
(c) The board may adopt rules to require sources to reporthazardous air pollutant emissions if the reporting is necessary todemonstrate compliance with emissions and other performancestandards established under 42 U.S.C. 7412 or 42 U.S.C. 7429. Theboard may amend 326 IAC 2-6 to allow the department to requesthazardous air pollutant emissions data from individual sources forthe purpose of site specific studies of hazardous air pollutant:
(1) emissions; and
(2) impacts.
(d) The board may amend 326 IAC 2-6 or adopt new rules to
establish a general requirement for sources to report hazardous airpollutant emissions (as defined by 42 U.S.C. 7412(b)). However, therules amended or adopted by the board under this subsection may notrequire sources to report hazardous air pollutant emissions beforeJanuary 1, 2004.
As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.18;P.L.166-2002, SEC.2.
IC 13-17-3-4.5
References to rules and regulations; "construction";"modification"; "operation"; "process"; "regulated pollutant";conditions of exemptions; applicability
Sec. 4.5. (a) A reference in this section to a provision of theIndiana Administrative Code or Code of Federal Regulationsincludes a reference to a successor provision.
(b) As used in this section, "construction" has the meaning setforth in 326 IAC 1-2-21.
(c) As used in this section, "modification" has the meaning setforth in 326 IAC 1-2-42.
(d) As used in this section, "operation" has the meaning set forthin 326 IAC 2-1.1-1(11).
(e) As used in this section, "process" has the meaning set forth in326 IAC 2-1.1-1(17).
(f) As used in this section, "regulated pollutant" has the meaningset forth in 326 IAC 1-2-66.
(g) If a rule of the air pollution control board lists emission units,operations, or processes of which construction or modification areexempt from the requirement to obtain a registration, permit,modification approval, or permit revision, the air pollution controlboard may not condition the exemption on whether the potential toemit any regulated pollutant from the construction or modificationexceeds an emission threshold establishing the requirement to obtaina registration, permit, modification approval, or permit revisionunder 326 IAC 2.
(h) This section does not apply to construction or modification:
(1) subject to federal prevention of significant deteriorationrequirements as set out in 326 IAC 2-2 and 40 CFR 52.21;
(2) subject to nonattainment new source review requirements asset out in 326 IAC 2-3;
(3) at a source that has an operation permit issued under 326IAC 2-7, where the construction or modification would beconsidered a Title I modification under 40 CFR Part 70; or
(4) that would result in the source needing to make a transitionto an operating permit issued under 326 IAC 2-6.1, 326 IAC2-7, or 326 IAC 2-8.
As added by P.L.16-2009, SEC.20.
IC 13-17-3-5
Violations
Sec. 5. Violations of air pollution control laws are subject to the
penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a violation of air pollution control laws may lead tocriminal prosecution under IC 13-30-10.
As added by P.L.1-1996, SEC.7. Amended by P.L.137-2007, SEC.8.
IC 13-17-3-6
Operating policies
Sec. 6. The board shall develop operating policies governing theimplementation of air pollution control laws by the commissioner.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-7
Orders; review by environmental law judge
Sec. 7. (a) The commissioner may enter into agreed orders asprovided in IC 13-30-3-6.
(b) An environmental law judge under IC 4-21.5-7 shall revieworders and determinations of the commissioner.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-8
Additional duties
Sec. 8. The board shall carry out other duties imposed by law.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-9
Powers of commissioner to assist affected or interested groups
Sec. 9. (a) The commissioner shall assist and cooperate with othergroups interested in and affected by air pollution.
(b) The commissioner may do the following:
(1) Advise, consult, and cooperate with:
(A) other state agencies;
(B) towns, cities, and counties;
(C) industries;
(D) other states;
(E) the federal government; and
(F) affected groups;
in the prevention and control of new and existing aircontamination sources within Indiana.
(2) Encourage and conduct studies, investigations, and researchrelating to the following:
(A) Air pollution.
(B) The causes, effects, prevention, control, and abatementof air pollution.
(3) Collect and disseminate information relating to thefollowing:
(A) Air pollution.
(B) The prevention and control of air pollution. (4) Encourage voluntary cooperation by persons, towns, cities,and counties or other affected groups in restoring andpreserving a reasonable degree of purity of air within Indiana.
(5) Encourage authorized air pollution agencies of towns, cities,and counties to handle air pollution problems within theirrespective jurisdictions to the greatest extent possible.
(6) Upon request, provide technical assistance to towns, cities,or counties requesting technical assistance for the furtheranceof air pollution control.
(7) Represent the state in all matters pertaining to plans,procedures, or negotiations for interstate compacts in relationto the control of air pollution.
(8) Accept and administer grants or other money or gifts for thepurpose of carrying out any of the functions of air pollutioncontrol laws.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-10
Funds
Sec. 10. The commissioner may budget and receive appropriatedmoney for expenditures to carry out air pollution control laws.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-11
Power to adopt rules under state discretionary authority
Sec. 11. The board may adopt rules under IC 4-22-2 underdiscretionary authority granted to the state by:
(1) the federal Clean Air Act (42 U.S.C. 7401 et seq.), asamended by the Clean Air Act Amendments of 1990(P.L.101-549); or
(2) a regulation adopted under the federal Clean Air Act.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-12
Effect of express grant of authority on additional activities
Sec. 12. Unless otherwise indicated, any express grant ofauthority provided to the board under this title may not be interpretedto prohibit the board from adopting rules that extend the grant ofauthority to cover additional activities in accordance with section 4of this chapter or IC 13-14-8.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-13
Issuance of permit to a solid waste incinerator
Sec. 13. The commissioner may not issue any permit to a solidwaste incinerator required by the federal Clean Air Act (42 U.S.C.7401 et seq.), as amended by the Clean Air Act Amendments of 1990(P.L. 101-549), if the commissioner is also responsible in whole orin part for the design, construction, or operation of the unit.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-14
Duty to adopt rules classifying areas and setting air qualitystandards
Sec. 14. The board shall adopt rules under IC 4-22-2 that do thefollowing:
(1) Classify regions into attainment areas and nonattainmentareas for regulated air pollutants based upon scientific study ofgeographical, topographical, and meteorological data.
(2) Set standards for ambient air quality for each region toeffectuate the purposes of air pollution control laws.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-15
Rules and standards limiting noise emission
Sec. 15. (a) The board may adopt rules and standards prescribinglimitations on noise emission. In adopting rules under this section,the board may prescribe that a person may not emit or cause to beemitted any noise that:
(1) unreasonably interferes with any lawful business or activity;or
(2) is injurious to the health or well-being of any person.
(b) The board may adopt rules concerning the following:
(1) Equipment and procedures for monitoring noise.
(2) The collection and retention of data resulting from themonitoring.
(3) The reporting of data to the board.
As added by P.L.1-1996, SEC.7.