CHAPTER 8. ENVIRONMENTAL PERFORMANCE BASED PROGRAMS

IC 13-27-8
    Chapter 8. Environmental Performance Based Programs

IC 13-27-8-1
Department development of environmental performance basedprograms
    Sec. 1. The department:
        (1) may, to encourage continuous and sustainableenvironmental progress through the development and use of anenvironmental management system, develop and implement anenvironmental performance based program that:
            (A) is consistent with the policies of this article; and
            (B) is based on the national environmental performancetrack program developed by the United States EnvironmentalProtection Agency; and
        (2) may develop and implement other environmentalperformance based programs, including programs that promoteany of the following:
            (A) Pollution prevention.
            (B) Waste minimization.
            (C) Environmental management systems.
            (D) Advanced environmental compliance.
As added by P.L.100-2006, SEC.12.

IC 13-27-8-2
Participation in program not required
    Sec. 2. A person may not be required to participate in a programdeveloped and implemented under section 1 of this chapter.
As added by P.L.100-2006, SEC.12.

IC 13-27-8-3
Program rulemaking by the boards
    Sec. 3. (a) The following may adopt rules to implement thischapter to the extent consistent with federal law:
        (1) The boards.
        (2) The underground storage tank financial assurance boardestablished by IC 13-23-11-1.
    (b) The rules adopted by the entities under subsection (a) mayestablish the following:
        (1) Eligibility requirements for participation in environmentalperformance based programs.
        (2) Compliance methods and schedules that:
            (A) differ from compliance methods and schedules thatapply to nonparticipants in environmental performancebased programs under rules adopted by the boards;
            (B) apply only to participants in environmental performancebased programs; and
            (C) include any of the following:
                (i) Changes to monitoring and reporting requirements andschedules.                (ii) Streamlined submission requirements for permitrenewals.
                (iii) Prioritized applications.
                (iv) Authorization to make without prior governmentalapproval certain operational changes that do not result inadditional environmental impact.
        (3) Recognition incentives to encourage participation inenvironmental performance based programs.
        (4) Other incentives consistent with the policies of this title andfederal law to encourage participation in environmentalperformance based programs.
        (5) Requirements for participants in environmental performancebased programs to implement any of the following:
            (A) Continuous improvement environmental systems.
            (B) Pollution prevention and waste minimization programsdeveloped under IC 13-27-7.
As added by P.L.100-2006, SEC.12.