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IC 13-17-3-2
Inspections
Sec. 2. The commissioner may conduct inspections under air
pollution 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 under
IC 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 in
IC 13-17-1 and section 1 of this chapter; and
(2) necessary to the implementation of 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).
(b) Notwithstanding IC 13-15-5, the board may adopt rules under
IC 4-22-2 and IC 13-14-9 that allow the commissioner's actions on
permits and permit modifications to become effective immediately,
regardless of whether a thirty (30) day comment period is held on the
permits or permit modifications. The board may adopt rules under
this subsection only after considering the:
(1) environmental significance of;
(2) federal requirements for federally delegated or approved
programs 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 report
hazardous air pollutant emissions if the reporting is necessary to
demonstrate compliance with emissions and other performance
standards established under 42 U.S.C. 7412 or 42 U.S.C. 7429. The
board may amend 326 IAC 2-6 to allow the department to request
hazardous air pollutant emissions data from individual sources for
the purpose of site specific studies of hazardous air pollutant:
(1) emissions; and
(2) impacts.
IC 13-17-3-4.5
Repealed
(Repealed by P.L.159-2011, SEC.49.)
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 to
criminal 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 Version a
Operating policies
Note: This version of section effective until 1-1-2013. See also
following repeal of this section, effective 1-1-2013.
Sec. 6. The board shall develop operating policies governing the
implementation of air pollution control laws by the commissioner.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-6 Version b
Repealed
(Repealed by P.L.133-2012, SEC.119.)
Note: This repeal of section effective 1-1-2013. See also
preceding version of this section, effective until 1-1-2013.
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 other
groups 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 air
contamination sources within Indiana.
(2) Encourage and conduct studies, investigations, and research
relating to the following:
(A) Air pollution.
(B) The causes, effects, prevention, control, and abatement
of air pollution.
(3) Collect and disseminate information relating to the
following:
(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 and
preserving 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 their
respective jurisdictions to the greatest extent possible.
(6) Upon request, provide technical assistance to towns, cities,
or counties requesting technical assistance for the furtherance
of air pollution control.
(7) Represent the state in all matters pertaining to plans,
procedures, or negotiations for interstate compacts in relation
to the control of air pollution.
(8) Accept and administer grants or other money or gifts for the
purpose of carrying out any of the functions of air pollution
control laws.
IC 13-17-3-11 Version a
Power to adopt rules under state discretionary authority
Note: This version of section effective until 1-1-2013. See also
following version of this section, effective 1-1-2013.
Sec. 11. The board may adopt rules under IC 4-22-2 under
discretionary authority granted to the state by:
(1) 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); or
(2) a regulation adopted under the federal Clean Air Act.
As added by P.L.1-1996, SEC.7.
IC 13-17-3-11 Version b
Power to adopt rules under state discretionary authority
Note: This version of section effective 1-1-2013. See also
preceding version of this section, effective until 1-1-2013.
Sec. 11. The board may adopt rules under IC 4-22-2 and
IC 13-14-9 under discretionary authority granted to the state by:
(1) 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); or
(2) a regulation adopted under the federal Clean Air Act.
As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012,
SEC.120.
IC 13-17-3-12
Effect of express grant of authority on additional activities
Sec. 12. Unless otherwise indicated, any express grant of
authority provided to the board under this title may not be interpreted
to prohibit the board from adopting rules that extend the grant of
authority to cover additional activities in accordance with section 4
of 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 solid
waste 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 or
in part for the design, construction, or operation of the unit.
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 prescribing
limitations on noise emission. In adopting rules under this section,
the board may prescribe that a person may not emit or cause to be
emitted 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 the
monitoring.
(3) The reporting of data to the board.
As added by P.L.1-1996, SEC.7.