CHAPTER 2. DIVISION OF POLLUTION PREVENTION AND TECHNICAL ASSISTANCE
IC 13-27-2
Chapter 2. Division of Pollution Prevention and Technical
Assistance
IC 13-27-2-1
Establishment
Sec. 1. A division of pollution prevention is established within the
department.
As added by P.L.1-1996, SEC.17.
IC 13-27-2-2
Assistant commissioner; appointment
Sec. 2. The commissioner shall appoint an assistant commissioner
to head the division.
As added by P.L.1-1996, SEC.17.
IC 13-27-2-3
Employees; hiring
Sec. 3. The commissioner shall hire employees of the division.
As added by P.L.1-1996, SEC.17.
IC 13-27-2-4
Liaison advisory panels; appointment; reimbursement for expenses
Sec. 4. (a) The commissioner may appoint liaison advisory panels
to assist the division in the functions of the division. Individual
panels must include members representing different areas of interest
in and potential support of pollution prevention and environmentally
related technical assistance, including the following:
(1) Industry.
(2) Education.
(3) Environmental and public interest groups.
(4) State government.
(5) Local government officials associated with state programs
for pollution prevention.
(6) Organized labor.
(b) A member of a liaison advisory panel is not entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). The
member is, however, entitled to 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.
As added by P.L.1-1996, SEC.17.
IC 13-27-2-5
Duties of commissioner and assistant commissioner
Sec. 5. The commissioner and the assistant commissioner, through
coordinated effort, shall do the following:
(1) Periodically review state environmental programs and
projects for their ability and progress in promoting multimedia
industrial pollution prevention.
(2) Assist the division of air, the division of water, and the
division of solid and hazardous waste management in
identifying, within planned and existing regulatory programs of
the department, obstacles to pollution prevention and
opportunities to promote and assist in pollution prevention,
including the following:
(A) Encouraging regulatory flexibility to afford businesses
the opportunity to develop or implement pollution
prevention technologies and practices.
(B) Performing pollution prevention impact analyses of
administrative rules before proposed rules are published and
before final adoption.
(C) Exploring permanent funding for the program.
(3) Promote increased coordination between the divisions of the
department and between the department and other governmental
regulatory programs with responsibilities and duties relating to
toxic materials and environmental wastes, including, to the
fullest extent possible, the following:
(A) Joint planning processes.
(B) Joint research and studies.
(C) Joint public hearings.
(D) Joint hazard assessments.
(E) Joint environmental and workplace impact statements.
(F) Joint pollution prevention impact analyses for existing
and proposed administrative rules.
(4) Develop policies and programs to reduce the following by
means of industrial pollution prevention:
(A) Generation of municipal wastes.
(B) Generation of household hazardous wastes and
pollutants.
(C) Use of toxic materials in consumer products.
(5) Provide general information about, and actively publicize
the advantages of and developments in, pollution prevention
and the requirements of this article.
(6) Assist businesses that seek information, guidance, planning
assistance, or recommendations for pollution prevention by
providing technical information to those businesses at
production or commercial locations.
(7) Work with existing environmental regulatory programs to
make use of existing information gathering systems that may
assist the division in assessing the progress of pollution
prevention statewide.
(8) Grant or deny applications for pollution prevention grants
under section 10 of this chapter.
(9) Provide source reduction and recycling technical assistance
and administer the Indiana recycling grants program established
under IC 13-20-22-2.
As added by P.L.1-1996, SEC.17. Amended by P.L.2-1997, SEC.50.
IC 13-27-2-6
Assistance to other governmental regulatory programs
Sec. 6. The division shall assist other governmental regulatory
programs in devising:
(1) standards;
(2) administrative rules; and
(3) permits;
based on goals and principles of pollution prevention.
As added by P.L.1-1996, SEC.17.
IC 13-27-2-7
Unified reporting and permitting authority
Sec. 7. To facilitate the use and coordination of reporting
requirements, the commissioner may seek unified reporting and
permitting authority from the United States Environmental Protection
Agency with respect to federal toxic material, waste management,
and pollution control laws and regulations in effect on January 1,
1990, including the following:
(1) The federal Clean Air Act (42 U.S.C. 7401 et seq.).
(2) The Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.).
(3) The federal Toxic or Hazardous Substance Control Act (15
U.S.C. 2601 et seq.).
(4) The federal Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(5) The federal Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.).
As added by P.L.1-1996, SEC.17.
IC 13-27-2-8
Implementation
Sec. 8. The commissioner and the clean manufacturing technology
board established by IC 13-27.5-1 shall coordinate their efforts in the
implementation of the grants program under IC 13-27-2-10 and the
pilot projects under IC 13-27-2-11.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,
SEC.17.
IC 13-27-2-9
Information clearinghouse for pollution prevention; purpose; data
Sec. 9. (a) To:
(1) promote pollution prevention statewide by all industries and
companies; and
(2) assist in obtaining information on the progress of
multimedia reduction of environmental wastes and related
environmental policies and programs;
the commissioner shall establish and operate a state information
clearinghouse for pollution prevention.
(b) The commissioner shall use the clearinghouse established
under this section to do the following:
(1) Collect and compile the following:
(A) Information from organizations receiving grants under
this article.
(B) Information from the published technical literature.
(2) Mount active outreach and educational programs to further
the development and adoption of principles and techniques of
pollution prevention.
(c) The clearinghouse established under this section must include
data on the operation and effectiveness of industry pollution
prevention programs. The division shall permit and facilitate free use
of this data by businesses, governmental agencies, and the general
public. A business may not be required to submit information of a
proprietary nature to the clearinghouse or to a governmental program
funded under this article.
(d) The division shall provide information for the clearinghouse
established under this section.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,
SEC.18.
IC 13-27-2-10
Grants; purpose
Sec. 10. (a) The commissioner may award grants to support and
sustain pollution prevention, including clean manufacturing through
reductions in the use of toxic materials in production and commerce.
(b) Subject to subsection (a), the commissioner may award grants
for any purpose the commissioner considers appropriate, including
the following:
(1) Grants to nonprofit organizations to establish free or low
cost technical assistance programs to supplement the activities
of the Indiana clean manufacturing and safe materials institute
established under IC 13-27.5-2.
(2) Grants to assist:
(A) trade associations that represent manufacturers;
(B) business organizations;
(C) labor organizations; and
(D) educational institutions;
in developing training materials and making those training
materials available to workers for in-plant use that will foster
clean manufacturing.
(3) Grants to assist:
(A) industry;
(B) business organizations;
(C) educational institutions;
(D) labor organizations; and
(E) local units of government;
in establishing programs or materials to train and assist
personnel in developing methods to measure and plan for
pollution prevention.
(4) Grants to assist industry or business organizations, local
units of government, and educational institutions in creating
programs to train and certify:
(A) environmental auditors;
(B) engineers; and
(C) industrial hygienists;
to identify, evaluate, and implement pollution prevention
measures and alternatives in audits, plans, and programs.
(5) Grants to any organization for generic research and
development, pilot tests, and demonstration projects that:
(A) involve commonly used manufacturing processes or
materials; and
(B) will produce results that will be of use to manufacturers
other than manufacturers that may be involved in the
research and development, pilot tests, or demonstration
projects.
(c) The commissioner may require that a grantee provide
matching money for a grant awarded under this section.
(d) Grant money awarded under this section may not be spent for
capital improvements or equipment.
(e) The money for grants awarded under this section must come
from money appropriated to the department for the purposes of this
section.
(f) The commissioner shall consult with the Indiana clean
manufacturing and safe materials institute established by
IC 13-27.5-2 in the implementation of this section.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,
SEC.19; P.L.104-1998, SEC.5.
IC 13-27-2-11
Pilot projects
Sec. 11. (a) The division shall sponsor pilot projects to develop
and demonstrate innovative techniques for clean manufacturing. The
results of pilot projects sponsored under this section shall be made
available for use by the public. However, information about a pilot
project that is considered proprietary by a manufacturer involved in
the pilot project may not be disclosed to the public.
(b) The division shall consult with the Indiana clean
manufacturing and safe materials institute established by
IC 13-27.5-2 in the implementation of this section.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,
SEC.20.
IC 13-27-2-12
Education and training programs
Sec. 12. The commissioner may provide for the establishment of
education and training programs in pollution prevention techniques
at schools and universities in Indiana.
As added by P.L.1-1996, SEC.17.
IC 13-27-2-13
Hearings; investigations; advice; assistance
Sec. 13. The commissioner may:
(1) order all hearings and investigations necessary for the
administration of this article; and
(2) advise and assist other governmental units on matters of
planning or program administration within the scope of the
commissioner's powers, duties, and objectives under this article.
As added by P.L.1-1996, SEC.17.
IC 13-27-2-14
Repealed
(Repealed by P.L.124-1997, SEC.23.)