CHAPTER 3. POWERS AND DUTIES CONCERNING AIR POLLUTION CONTROL
IC 13-17-3
Chapter 3. Powers and Duties Concerning Air Pollution Control
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 13-17-3-4.5
References to rules and regulations; "construction";
"modification"; "operation"; "process"; "regulated pollutant";
conditions of exemptions; applicability
Sec. 4.5. (a) A reference in this section to a provision of the
Indiana Administrative Code or Code of Federal Regulations
includes a reference to a successor provision.
(b) As used in this section, "construction" has the meaning set
forth in 326 IAC 1-2-21.
(c) As used in this section, "modification" has the meaning set
forth in 326 IAC 1-2-42.
(d) As used in this section, "operation" has the meaning set forth
in 326 IAC 2-1.1-1(11).
(e) As used in this section, "process" has the meaning set forth in
326 IAC 2-1.1-1(17).
(f) As used in this section, "regulated pollutant" has the meaning
set forth in 326 IAC 1-2-66.
(g) If a rule of the air pollution control board lists emission units,
operations, or processes of which construction or modification are
exempt from the requirement to obtain a registration, permit,
modification approval, or permit revision, the air pollution control
board may not condition the exemption on whether the potential to
emit any regulated pollutant from the construction or modification
exceeds an emission threshold establishing the requirement to obtain
a registration, permit, modification approval, or permit revision
under 326 IAC 2.
(h) This section does not apply to construction or modification:
(1) subject to federal prevention of significant deterioration
requirements as set out in 326 IAC 2-2 and 40 CFR 52.21;
(2) subject to nonattainment new source review requirements as
set out in 326 IAC 2-3;
(3) at a source that has an operation permit issued under 326
IAC 2-7, where the construction or modification would be
considered a Title I modification under 40 CFR Part 70; or
(4) that would result in the source needing to make a transition
to an operating permit issued under 326 IAC 2-6.1, 326 IAC
2-7, or 326 IAC 2-8.
As added by P.L.16-2009, SEC.20.
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;
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.
As added by P.L.1-1996, SEC.7.
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.