IC 13-17-2
Chapter 2. Establishment of Air Pollution Control Board
IC 13-17-2-1 Establishment
Sec. 1. The air pollution control board is established. As added by P.L.1-1996, SEC.7.
IC 13-17-2-2 Members; appointment
Sec. 2. The board consists of the following twelve (12) members:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following eight (8) members, who shall be appointed by
the governor based on recommendations from representative
constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing employed by an
entity that has applied for or received a Title V operating
permit.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) health professional who holds a license to
practice in Indiana.
(G) One (1) representative of small business.
(H) One (1) representative of the general public, who cannot
qualify to sit on the board under any of the other clauses in
this subdivision.
An individual appointed under this subdivision must possess
knowledge, experience, or education qualifying the individual
to represent the entity the individual is being recommended to
represent. As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.17;
P.L.4-2005, SEC.119.
IC 13-17-2-3 Members; political party affiliation
Sec. 3. Not more than four (4) of the appointed members of the
board may be members of the same political party. As added by P.L.1-1996, SEC.7.
IC 13-17-2-4 Members; requirements
Sec. 4. The board must have at least a majority of members who:
(1) represent the public interest; and
(2) do not derive any significant part of their income from
persons subject to permits or enforcement orders under 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). As added by P.L.1-1996, SEC.7.
IC 13-17-2-5 Conflicts of interest
Sec. 5. Each board member shall fully disclose any potential
conflicts of interest relating to permits or enforcement orders under
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). As added by P.L.1-1996, SEC.7.
IC 13-17-2-6 Members; technical representative as voting member
Sec. 6. An ex officio member of the board may designate in
writing a technical representative to serve as a voting member of the
board when the ex officio member is unable to attend a board
meeting. As added by P.L.1-1996, SEC.7.
IC 13-17-2-7 Members; terms; vacancies; removal
Sec. 7. (a) The term of an appointed member of the board is four
(4) years.
(b) The term of each member of the board continues until a
successor has been appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board,
the governor shall appoint a member not later than sixty (60) days
after the vacancy occurs for the remainder of the unexpired term
created by the vacancy. The board shall suspend the exercise of the
board's duties under the air pollution control laws if the vacancy has
not been filled not later than sixty (60) days after the vacancy occurs.
(d) The governor may remove an appointed member of the board
for cause. Cause includes the failure to attend at least two (2) board
meetings within a one (1) year period.
(e) The board may not adopt a final rule under IC 13-14-8 until all
members of the board have been appointed. As added by P.L.1-1996, SEC.7.
IC 13-17-2-8 Members; compensation
Sec. 8. (a) The ex officio members of the board serve without
additional compensation.
(b) Each appointed member of the board is entitled to the
following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties, as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) The per diem and mileage are valid claims against the
department. As added by P.L.1-1996, SEC.7.
IC 13-17-2-9 Meetings
Sec. 9. (a) The board shall hold at least six (6) regular meetings
each year at a place and time to be fixed by the board.
(b) Special meetings of the board may be called by:
(1) the chairman; or
(2) three (3) members of the board;
by delivery of written notice to each member of the board. As added by P.L.1-1996, SEC.7.
IC 13-17-2-10 Quorum
Sec. 10. Seven (7) members of the board, four (4) of whom must
be appointed members of the board, constitute a quorum. As added by P.L.1-1996, SEC.7. Amended by P.L.4-2005, SEC.120.
IC 13-17-2-11 Officers
Sec. 11. The governor shall annually select:
(1) one (1) of the eight (8) appointed members of the board to
serve as chairman; and
(2) another of the appointed members of the board to serve as
vice chairman. As added by P.L.1-1996, SEC.7.
IC 13-17-2-12 Technical secretary
Sec. 12. (a) The board shall select, from a list of three (3)
qualified individuals recommended by the governor, an independent
third party who is not an employee of the state to serve as technical
secretary of the board.
(b) During the interim between meetings of the board, the
department shall do the following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed by
the board.
(c) The technical secretary shall review all materials prepared for
the board by the department to make any necessary revisions.
Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the technical secretary. The technical secretary is not a voting
member of the board.
As added by P.L.1-1996, SEC.7.
IC 13-17-2-13 Legal counsel
Sec. 13. (a) The board may select, from a list of three (3) qualified
individuals recommended by the governor, an independent third
party who is not an employee of the state to serve as legal counsel.
The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising
from the exercise of the board's duties.
(2) Review all materials prepared for the board by the
department for legal accuracy and sufficiency and direct the
department to make any necessary revisions.
(b) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the legal counsel. The legal counsel is not a voting member of the
board. As added by P.L.1-1996, SEC.7.
IC 13-17-2
Chapter 2. Establishment of Air Pollution Control Board
IC 13-17-2-1 Establishment
Sec. 1. The air pollution control board is established. As added by P.L.1-1996, SEC.7.
IC 13-17-2-2 Members; appointment
Sec. 2. The board consists of the following twelve (12) members:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following eight (8) members, who shall be appointed by
the governor based on recommendations from representative
constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing employed by an
entity that has applied for or received a Title V operating
permit.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) health professional who holds a license to
practice in Indiana.
(G) One (1) representative of small business.
(H) One (1) representative of the general public, who cannot
qualify to sit on the board under any of the other clauses in
this subdivision.
An individual appointed under this subdivision must possess
knowledge, experience, or education qualifying the individual
to represent the entity the individual is being recommended to
represent. As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.17;
P.L.4-2005, SEC.119.
IC 13-17-2-3 Members; political party affiliation
Sec. 3. Not more than four (4) of the appointed members of the
board may be members of the same political party. As added by P.L.1-1996, SEC.7.
IC 13-17-2-4 Members; requirements
Sec. 4. The board must have at least a majority of members who:
(1) represent the public interest; and
(2) do not derive any significant part of their income from
persons subject to permits or enforcement orders under 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). As added by P.L.1-1996, SEC.7.
IC 13-17-2-5 Conflicts of interest
Sec. 5. Each board member shall fully disclose any potential
conflicts of interest relating to permits or enforcement orders under
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). As added by P.L.1-1996, SEC.7.
IC 13-17-2-6 Members; technical representative as voting member
Sec. 6. An ex officio member of the board may designate in
writing a technical representative to serve as a voting member of the
board when the ex officio member is unable to attend a board
meeting. As added by P.L.1-1996, SEC.7.
IC 13-17-2-7 Members; terms; vacancies; removal
Sec. 7. (a) The term of an appointed member of the board is four
(4) years.
(b) The term of each member of the board continues until a
successor has been appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board,
the governor shall appoint a member not later than sixty (60) days
after the vacancy occurs for the remainder of the unexpired term
created by the vacancy. The board shall suspend the exercise of the
board's duties under the air pollution control laws if the vacancy has
not been filled not later than sixty (60) days after the vacancy occurs.
(d) The governor may remove an appointed member of the board
for cause. Cause includes the failure to attend at least two (2) board
meetings within a one (1) year period.
(e) The board may not adopt a final rule under IC 13-14-8 until all
members of the board have been appointed. As added by P.L.1-1996, SEC.7.
IC 13-17-2-8 Members; compensation
Sec. 8. (a) The ex officio members of the board serve without
additional compensation.
(b) Each appointed member of the board is entitled to the
following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties, as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) The per diem and mileage are valid claims against the
department. As added by P.L.1-1996, SEC.7.
IC 13-17-2-9 Meetings
Sec. 9. (a) The board shall hold at least six (6) regular meetings
each year at a place and time to be fixed by the board.
(b) Special meetings of the board may be called by:
(1) the chairman; or
(2) three (3) members of the board;
by delivery of written notice to each member of the board. As added by P.L.1-1996, SEC.7.
IC 13-17-2-10 Quorum
Sec. 10. Seven (7) members of the board, four (4) of whom must
be appointed members of the board, constitute a quorum. As added by P.L.1-1996, SEC.7. Amended by P.L.4-2005, SEC.120.
IC 13-17-2-11 Officers
Sec. 11. The governor shall annually select:
(1) one (1) of the eight (8) appointed members of the board to
serve as chairman; and
(2) another of the appointed members of the board to serve as
vice chairman. As added by P.L.1-1996, SEC.7.
IC 13-17-2-12 Technical secretary
Sec. 12. (a) The board shall select, from a list of three (3)
qualified individuals recommended by the governor, an independent
third party who is not an employee of the state to serve as technical
secretary of the board.
(b) During the interim between meetings of the board, the
department shall do the following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed by
the board.
(c) The technical secretary shall review all materials prepared for
the board by the department to make any necessary revisions.
Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the technical secretary. The technical secretary is not a voting
member of the board.
As added by P.L.1-1996, SEC.7.
IC 13-17-2-13 Legal counsel
Sec. 13. (a) The board may select, from a list of three (3) qualified
individuals recommended by the governor, an independent third
party who is not an employee of the state to serve as legal counsel.
The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising
from the exercise of the board's duties.
(2) Review all materials prepared for the board by the
department for legal accuracy and sufficiency and direct the
department to make any necessary revisions.
(b) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the legal counsel. The legal counsel is not a voting member of the
board. As added by P.L.1-1996, SEC.7.
IC 13-17-2
Chapter 2. Establishment of Air Pollution Control Board
IC 13-17-2-1 Establishment
Sec. 1. The air pollution control board is established. As added by P.L.1-1996, SEC.7.
IC 13-17-2-2 Members; appointment
Sec. 2. The board consists of the following twelve (12) members:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following eight (8) members, who shall be appointed by
the governor based on recommendations from representative
constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing employed by an
entity that has applied for or received a Title V operating
permit.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) health professional who holds a license to
practice in Indiana.
(G) One (1) representative of small business.
(H) One (1) representative of the general public, who cannot
qualify to sit on the board under any of the other clauses in
this subdivision.
An individual appointed under this subdivision must possess
knowledge, experience, or education qualifying the individual
to represent the entity the individual is being recommended to
represent. As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.17;
P.L.4-2005, SEC.119.
IC 13-17-2-3 Members; political party affiliation
Sec. 3. Not more than four (4) of the appointed members of the
board may be members of the same political party. As added by P.L.1-1996, SEC.7.
IC 13-17-2-4 Members; requirements
Sec. 4. The board must have at least a majority of members who:
(1) represent the public interest; and
(2) do not derive any significant part of their income from
persons subject to permits or enforcement orders under 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). As added by P.L.1-1996, SEC.7.
IC 13-17-2-5 Conflicts of interest
Sec. 5. Each board member shall fully disclose any potential
conflicts of interest relating to permits or enforcement orders under
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). As added by P.L.1-1996, SEC.7.
IC 13-17-2-6 Members; technical representative as voting member
Sec. 6. An ex officio member of the board may designate in
writing a technical representative to serve as a voting member of the
board when the ex officio member is unable to attend a board
meeting. As added by P.L.1-1996, SEC.7.
IC 13-17-2-7 Members; terms; vacancies; removal
Sec. 7. (a) The term of an appointed member of the board is four
(4) years.
(b) The term of each member of the board continues until a
successor has been appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board,
the governor shall appoint a member not later than sixty (60) days
after the vacancy occurs for the remainder of the unexpired term
created by the vacancy. The board shall suspend the exercise of the
board's duties under the air pollution control laws if the vacancy has
not been filled not later than sixty (60) days after the vacancy occurs.
(d) The governor may remove an appointed member of the board
for cause. Cause includes the failure to attend at least two (2) board
meetings within a one (1) year period.
(e) The board may not adopt a final rule under IC 13-14-8 until all
members of the board have been appointed. As added by P.L.1-1996, SEC.7.
IC 13-17-2-8 Members; compensation
Sec. 8. (a) The ex officio members of the board serve without
additional compensation.
(b) Each appointed member of the board is entitled to the
following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties, as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) The per diem and mileage are valid claims against the
department. As added by P.L.1-1996, SEC.7.
IC 13-17-2-9 Meetings
Sec. 9. (a) The board shall hold at least six (6) regular meetings
each year at a place and time to be fixed by the board.
(b) Special meetings of the board may be called by:
(1) the chairman; or
(2) three (3) members of the board;
by delivery of written notice to each member of the board. As added by P.L.1-1996, SEC.7.
IC 13-17-2-10 Quorum
Sec. 10. Seven (7) members of the board, four (4) of whom must
be appointed members of the board, constitute a quorum. As added by P.L.1-1996, SEC.7. Amended by P.L.4-2005, SEC.120.
IC 13-17-2-11 Officers
Sec. 11. The governor shall annually select:
(1) one (1) of the eight (8) appointed members of the board to
serve as chairman; and
(2) another of the appointed members of the board to serve as
vice chairman. As added by P.L.1-1996, SEC.7.
IC 13-17-2-12 Technical secretary
Sec. 12. (a) The board shall select, from a list of three (3)
qualified individuals recommended by the governor, an independent
third party who is not an employee of the state to serve as technical
secretary of the board.
(b) During the interim between meetings of the board, the
department shall do the following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed by
the board.
(c) The technical secretary shall review all materials prepared for
the board by the department to make any necessary revisions.
Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the technical secretary. The technical secretary is not a voting
member of the board.
As added by P.L.1-1996, SEC.7.
IC 13-17-2-13 Legal counsel
Sec. 13. (a) The board may select, from a list of three (3) qualified
individuals recommended by the governor, an independent third
party who is not an employee of the state to serve as legal counsel.
The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising
from the exercise of the board's duties.
(2) Review all materials prepared for the board by the
department for legal accuracy and sufficiency and direct the
department to make any necessary revisions.
(b) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply to
the legal counsel. The legal counsel is not a voting member of the
board. As added by P.L.1-1996, SEC.7.
