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IC 13-17-3-1
Assistance to local governments
Sec. 1. The department shall provide assistance on air pollution
matters 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 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.
(d) The board may amend 326 IAC 2-6 or adopt new rules to
establish a general requirement for sources to report hazardous air
pollutant emissions (as defined by 42 U.S.C. 7412(b)). However, the
rules amended or adopted by the board under this subsection may not
require sources to report hazardous air pollutant emissions before
January 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 13-17-3-5
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
Operating policies
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 13-17-3-7
Orders; review by environmental law judge
Sec. 7. (a) The commissioner may enter into agreed orders as
provided in IC 13-30-3-6.
(b) An environmental law judge under IC 4-21.5-7 shall review
orders 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 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;
IC 13-17-3-10
Funds
Sec. 10. The commissioner may budget and receive appropriated
money 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 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 13-17-3-12
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 13-17-3-14
Duty to adopt rules classifying areas and setting air quality
standards
Sec. 14. The board shall adopt rules under IC 4-22-2 that do the
following:
(1) Classify regions into attainment areas and nonattainment
areas for regulated air pollutants based upon scientific study of
geographical, topographical, and meteorological data.
(2) Set standards for ambient air quality for each region to
effectuate 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 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.