IC 13-27-2
    Chapter 2. Division of Pollution Prevention and TechnicalAssistance

IC 13-27-2-1
Establishment
    Sec. 1. A division of pollution prevention is established within thedepartment.
As added by P.L.1-1996, SEC.17.

IC 13-27-2-2
Assistant commissioner; appointment
    Sec. 2. The commissioner shall appoint an assistant commissionerto head the division.
As added by P.L.1-1996, SEC.17.

IC 13-27-2-3
Employees; hiring
    Sec. 3. The commissioner shall hire employees of the division.
As added by P.L.1-1996, SEC.17.

IC 13-27-2-4
Liaison advisory panels; appointment; reimbursement for expenses
    Sec. 4. (a) The commissioner may appoint liaison advisory panelsto assist the division in the functions of the division. Individualpanels must include members representing different areas of interestin and potential support of pollution prevention and environmentallyrelated technical assistance, including the following:
        (1) Industry.
        (2) Education.
        (3) Environmental and public interest groups.
        (4) State government.
        (5) Local government officials associated with state programsfor pollution prevention.
        (6) Organized labor.
    (b) A member of a liaison advisory panel is not entitled to theminimum salary per diem provided by IC 4-10-11-2.1(b). Themember is, however, entitled to reimbursement for travelingexpenses as provided under IC 4-13-1-4 and other expenses actuallyincurred in connection with the member's duties as provided in thestate policies and procedures established by the Indiana departmentof administration and approved by the budget agency.
As added by P.L.1-1996, SEC.17.

IC 13-27-2-5
Duties of commissioner and assistant commissioner
    Sec. 5. The commissioner and the assistant commissioner, throughcoordinated effort, shall do the following:
        (1) Periodically review state environmental programs andprojects for their ability and progress in promoting multimedia

industrial pollution prevention.
        (2) Assist the division of air, the division of water, and thedivision of solid and hazardous waste management inidentifying, within planned and existing regulatory programs ofthe department, obstacles to pollution prevention andopportunities to promote and assist in pollution prevention,including the following:
            (A) Encouraging regulatory flexibility to afford businessesthe opportunity to develop or implement pollutionprevention technologies and practices.
            (B) Performing pollution prevention impact analyses ofadministrative rules before proposed rules are published andbefore final adoption.
            (C) Exploring permanent funding for the program.
        (3) Promote increased coordination between the divisions of thedepartment and between the department and other governmentalregulatory programs with responsibilities and duties relating totoxic materials and environmental wastes, including, to thefullest extent possible, the following:
            (A) Joint planning processes.
            (B) Joint research and studies.
            (C) Joint public hearings.
            (D) Joint hazard assessments.
            (E) Joint environmental and workplace impact statements.
            (F) Joint pollution prevention impact analyses for existingand proposed administrative rules.
        (4) Develop policies and programs to reduce the following bymeans of industrial pollution prevention:
            (A) Generation of municipal wastes.
            (B) Generation of household hazardous wastes andpollutants.
            (C) Use of toxic materials in consumer products.
        (5) Provide general information about, and actively publicizethe advantages of and developments in, pollution preventionand the requirements of this article.
        (6) Assist businesses that seek information, guidance, planningassistance, or recommendations for pollution prevention byproviding technical information to those businesses atproduction or commercial locations.
        (7) Work with existing environmental regulatory programs tomake use of existing information gathering systems that mayassist the division in assessing the progress of pollutionprevention statewide.
        (8) Grant or deny applications for pollution prevention grantsunder section 10 of this chapter.
        (9) Provide source reduction and recycling technical assistanceand administer the Indiana recycling grants program establishedunder IC 13-20-22-2.
As added by P.L.1-1996, SEC.17. Amended by P.L.2-1997, SEC.50.
IC 13-27-2-6
Assistance to other governmental regulatory programs
    Sec. 6. The division shall assist other governmental regulatoryprograms in devising:
        (1) standards;
        (2) administrative rules; and
        (3) permits;
based on goals and principles of pollution prevention.
As added by P.L.1-1996, SEC.17.

IC 13-27-2-7
Unified reporting and permitting authority
    Sec. 7. To facilitate the use and coordination of reportingrequirements, the commissioner may seek unified reporting andpermitting authority from the United States Environmental ProtectionAgency with respect to federal toxic material, waste management,and pollution control laws and regulations in effect on January 1,1990, including the following:
        (1) The federal Clean Air Act (42 U.S.C. 7401 et seq.).
        (2) The Federal Water Pollution Control Act (33 U.S.C. 1251et seq.).
        (3) The federal Toxic or Hazardous Substance Control Act (15U.S.C. 2601 et seq.).
        (4) The federal Solid Waste Disposal Act (42 U.S.C. 6901 etseq.).
        (5) The federal Comprehensive Environmental Response,Compensation, and Liability Act (42 U.S.C. 9601 et seq.).
As added by P.L.1-1996, SEC.17.

IC 13-27-2-8
Implementation
    Sec. 8. The commissioner and the clean manufacturing technologyboard established by IC 13-27.5-1 shall coordinate their efforts in theimplementation of the grants program under IC 13-27-2-10 and thepilot projects under IC 13-27-2-11.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,SEC.17.

IC 13-27-2-9
Information clearinghouse for pollution prevention; purpose; data
    Sec. 9. (a) To:
        (1) promote pollution prevention statewide by all industries andcompanies; and
        (2) assist in obtaining information on the progress ofmultimedia reduction of environmental wastes and relatedenvironmental policies and programs;
the commissioner shall establish and operate a state informationclearinghouse for pollution prevention.
    (b) The commissioner shall use the clearinghouse establishedunder this section to do the following:        (1) Collect and compile the following:
            (A) Information from organizations receiving grants underthis article.
            (B) Information from the published technical literature.
        (2) Mount active outreach and educational programs to furtherthe development and adoption of principles and techniques ofpollution prevention.
    (c) The clearinghouse established under this section must includedata on the operation and effectiveness of industry pollutionprevention programs. The division shall permit and facilitate free useof this data by businesses, governmental agencies, and the generalpublic. A business may not be required to submit information of aproprietary nature to the clearinghouse or to a governmental programfunded under this article.
    (d) The division shall provide information for the clearinghouseestablished under this section.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,SEC.18.

IC 13-27-2-10
Grants; purpose
    Sec. 10. (a) The commissioner may award grants to support andsustain pollution prevention, including clean manufacturing throughreductions in the use of toxic materials in production and commerce.
    (b) Subject to subsection (a), the commissioner may award grantsfor any purpose the commissioner considers appropriate, includingthe following:
        (1) Grants to nonprofit organizations to establish free or lowcost technical assistance programs to supplement the activitiesof the Indiana clean manufacturing and safe materials instituteestablished under IC 13-27.5-2.
        (2) Grants to assist:
            (A) trade associations that represent manufacturers;
            (B) business organizations;
            (C) labor organizations; and
            (D) educational institutions;
        in developing training materials and making those trainingmaterials available to workers for in-plant use that will fosterclean manufacturing.
        (3) Grants to assist:
            (A) industry;
            (B) business organizations;
            (C) educational institutions;
            (D) labor organizations; and
            (E) local units of government;
        in establishing programs or materials to train and assistpersonnel in developing methods to measure and plan forpollution prevention.
        (4) Grants to assist industry or business organizations, localunits of government, and educational institutions in creating

programs to train and certify:
            (A) environmental auditors;
            (B) engineers; and
            (C) industrial hygienists;
        to identify, evaluate, and implement pollution preventionmeasures and alternatives in audits, plans, and programs.
        (5) Grants to any organization for generic research anddevelopment, pilot tests, and demonstration projects that:
            (A) involve commonly used manufacturing processes ormaterials; and
            (B) will produce results that will be of use to manufacturersother than manufacturers that may be involved in theresearch and development, pilot tests, or demonstrationprojects.
    (c) The commissioner may require that a grantee providematching money for a grant awarded under this section.
    (d) Grant money awarded under this section may not be spent forcapital improvements or equipment.
    (e) The money for grants awarded under this section must comefrom money appropriated to the department for the purposes of thissection.
    (f) The commissioner shall consult with the Indiana cleanmanufacturing and safe materials institute established byIC 13-27.5-2 in the implementation of this section.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,SEC.19; P.L.104-1998, SEC.5.

IC 13-27-2-11
Pilot projects
    Sec. 11. (a) The division shall sponsor pilot projects to developand demonstrate innovative techniques for clean manufacturing. Theresults of pilot projects sponsored under this section shall be madeavailable for use by the public. However, information about a pilotproject that is considered proprietary by a manufacturer involved inthe pilot project may not be disclosed to the public.
    (b) The division shall consult with the Indiana cleanmanufacturing and safe materials institute established byIC 13-27.5-2 in the implementation of this section.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,SEC.20.

IC 13-27-2-12
Education and training programs
    Sec. 12. The commissioner may provide for the establishment ofeducation and training programs in pollution prevention techniquesat schools and universities in Indiana.
As added by P.L.1-1996, SEC.17.

IC 13-27-2-13
Hearings; investigations; advice; assistance    Sec. 13. The commissioner may:
        (1) order all hearings and investigations necessary for theadministration of this article; and
        (2) advise and assist other governmental units on matters ofplanning or program administration within the scope of thecommissioner's powers, duties, and objectives under this article.
As added by P.L.1-1996, SEC.17.

IC 13-27-2-14
Repealed
    (Repealed by P.L.124-1997, SEC.23.)