INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Mitchell E. Daniels Jr. 

Governor 

Thomas W. Easterly 

Commissioner 

Susan Hedman 

Regional Administrator 

U.S. EPA, Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

November 29, 2012 

100 North Senate Avenue 

Indianapolis, Indiana 46204 

(317) 232-8603 

Toll Free (800) 451-6027 

www.idem.IN.gov 

Re: State Implementation Plan Submittal for Indiana 

Regarding IC 13-13-8, Environmental Rules Board 

Dear Ms. Hedman: 

Pursuant to Section 128 oftbe Clean Air Act, the Indiana Department ofEnviromnental 

Management (IDEM) submits an amendment to the Indiana state implementation plan. This amendment 

consists of an Indiana statute concerning the environmental rules board at Indiana Code (IC) 13-13-8. 

IDEM requests that the United States Environmental Protection Agency (U.S. EPA) approve IC 13-13-8-1, 

IC 13' 13-8-2(a), IC 13-13-8-2(b ), IC 13-13-8-3, IC 13-13-8-4, and IC 13-13-8-11 as patt of Indiana's state 

implementation plan. IDEM is not requesting any action be taken on any of the other patts ofiC 13-13-8. 

This submittal consists of one (1) hard copy of the required documentation. An electronic version 

of the submittal in PDF fmmat that is identical to the hard copy has been sent to Chris Panos at the U.S. 

EPA Region V office. 

Staff of the Office of Air Quality worked closely with your staff to ensure that any potential 

problems that might exist with this requested state implementation plan revision would be resolved. I 

request that U.S. EPA approve this submittal to Indiana's state implementation plan. If you have any 

questions regarding this submittal, please contact Scott Deloney, Air Programs Branch Chief, Office of Air 

Quality at (317) 233-5694. 

KB/cep 

Attachments: Indiana Code 13-13-8 

Sincerely, 

v . -(__ p,,~ '()~ ~' I 

Keith Baugues 

Assistant Commissioner 

Office of Air Quality 

cc: John Mooney, U.S. EPA Region V (witb enclosure) 

Doug Aburano, U.S. EPA Region V (with enclosure) 

Steve Rosenthal, U.S. EPA Region V (with enclosure) 

Andy Chang, U.S. EPA Region V (with enclosure) 

Scott Deloney, IDEM (with enclosure) 

Christine Pedersen, IDEM (with enclosure) 

SIP file 

Recycled Paper (i) An Equal Opportunity Employer Please Recycle O 

Indiana Code 13-13-8 Page 1 of4 

DODD II 

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency 

IC 13-13-8 

Chapter 8. Environmental Rules Board 

IC 13-13-8-1 

"Board" 

Sec. 1. As used in this chapter, "board" refers to the environmental rules board established by section 

3 of this chapter. 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-2 

Abolishes boards 

Sec. 2. (a) The following entities are abolished on January 1, 2013: 

(1) The air pollution control board (established by IC 13-17-2 before its repeal). 

(2) The water pollution control board (established by IC 13-18-1 before its repeal). 

(3) The solid waste management board (established by IC 13-19-2 before its repeal). 

(b) All powers, duties, and liabilities are transferred from the entities abolished under subsection (a) to 

the environmental rules board established by section 3 of this chapter effective January 1, 2013. 

(c) On and after January 1, 2013, a reference to an entity abolished under subsection (a) in a statute or 

rule shall be treated as a reference to the environmental rules board. 

(d) The rules adopted by the entities abolished under subsection (a) shall be treated, administered, and 

implemented as follows: 

(1) The rules adopted before January 1, 2013, by the air pollution control board abolished under 

subsection (a)(1): 

(A) shall be treated as though the rules were adopted by the environmental rules board; and 

(B) shall be administered and implemented by the air pollution control division of the department 

described in IC 13-13-3-2(1). 

(2) The rules adopted before January 1, 2013, by the water pollution control board abolished under 

subsection (a)(2): 

(A) shall be treated as though the rules were adopted by the environmental rules board; and 

(B) shall be administered and implemented by the water pollution control division of the 

department described in IC 13-13-3-2(2). 

(3) The rules adopted before January 1, 2013, by the solid waste management board abolished 

under subsection (a)(3): 

(A) shall be treated as though the rules were adopted by the environmental rules board; and 

(B) shall be administered and implemented by the solid waste management division of the 

department described in rc 13-13-3-2(3). 

(e) A member of an entity abolished under subsection (a) may 

serve until December 31,2012. The initial members of the environmental rules board shall be appointed 

under section 4 of this chapter not later than December 31,2012. 

AsaddedbyP.L.l33-2012, SEC.72. 

IC 13-13-8-3 

Board established 

Sec. 3. The environmental rules board is established as an independent board. 

S!/?1/?()1 ') 
Indiana Code 13-13-8 Page2 of4 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-4 

Membership 

Sec. 4. (a) The board consists of the following sixteen (16) members: 

(1) The following ex officio members: 

(A) The commissioner. The commissioner, or the commissioner's designee, serves as a 

nonvoting member of the board. 

(B) The commissioner of the state department of health. 

(C) The director of the department of natural resources. 

(D) The lieutenant governor. 

(E) The secretary of commerce or the secretary's designee. 

(2) The following eleven (11) 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. 

(C) One (1) representative of environmental interests. 

(D) One (1) representative oflabor. 

(E) One (1) representative oflocal government. 

(F) One (1) representative of small business. 

(G) One (1) health professional who holds a license to practice in Indiana. 

(H) One (1) representative of the solid waste management industry. 

(I) One (1) representative of a public utility that engages in the production and transmission of 

electricity. 

(J) Two (2) representatives of the general public, who cannot qualifY to sit on the board under 

any of the other clauses in this subdivision. 

(b) An individual appointed under subsection (a)(2) must possess knowledge, experience, or 

education qualifYing the individual to represent the constituency the individual is being recommended to 

represent. 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-5 

Technical representatives for ex officio members 

Sec. 5. Except as provided in section 4(a)(1)(A) of this chapter, 

an ex officio member ofthe 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.l33-2012, SEC. 72. 

IC 13-13-8-6 

Political party limitations 

Sec. 6. Not more than six (6) of the appointed members of the board may be members of the same 

political party. 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-7 

Terms 

Sec. 7. (a) An appointed member of the board serves a term of four (4) years. 

(b) The term of each member of the board continues until a successor is appointed and qualified. 

(c) If a vacancy occurs in the appointed membership of the board, the governor shall appoint a 

member not later than ninety (90) days after the vacancy occurs for the remainder of the unexpired term 

S!/'J1/'Jn1? 
Indiana Code 13-13-8 Page 3 of4 

created by the vacancy. The board shall suspend the exercise of the board's duties if the vacancy has not 

been filled within ninety (90) days after the vacancy occurs. 

(d) The governor may remove an appointed member of the board for cause. Cause includes the 

repeated failure to attend meetings. · 

As added by P.L.l33-2012, SEC. 72. 

I C 13-13-8-8 

Compensation 

Sec. 8. (a) 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 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 salary and mileage reimbursement are valid claims against the department. 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-9 

Quorum 

Sec. 9. Eight (8) members of the board, five (5) of whom must be appointed members of the board, 

constitute a quorum. A quorum must be present to transact business at a meeting of the board. Meetings 

of the board are subject to the public meeting requirements 

under IC 5-14-1.5. 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-10 

Chairperson and vice chairperson 

Sec. 10. The governor shall armually select: 

(1) one (1) of the appointed members of the board to serve as chairperson; and 

(2) another of the appointed members to serve as vice chairperson. 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-11 

Disclosure of conflicts of interest 

Sec. 11. Each member of the board shall fully disclose any potential conflicts of interest relating to 

permits or enforcement orders under the: 

(1) federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments 

of 1990; 

(2) federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); 

(3) federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as 

amended by the federal Superfund Amendments and Reauthorization Act of 1986 ( 42 U.S.C. 9601 

through 9675); 

(4) federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and 

(5) federal Safe Drinking Water Act (42 U.S.C. 300fthrough 300j). 

AsaddedbyP.L.l33-2012, SEC.72. 

IC 13-13-8-12 

Technical secretary 

Sec. 12. (a) The board shall select, from a list oftlnee (3) qualified individuals recommended by the 

governor, an independent third party who is not an employee of the state to serve as technical secretary 

Sl/? 1 /') (l1 ') 
Indiana Code 13-13-8 

of the board. 

(b) 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. 

Page4of4 

(c) The technical secretary shall review all materials prepared for the board by the depmtment 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.l33-2012, SEC. 72. 

I C 13-13-8-13 

Legal counsel 

Sec. 13. (a) The board may select, from a list of three (3) qualified individuals recommended by the 

governor, an independent third patty who is not an employee of the state to serve as legal counsel. 

(b) The legal counsel shall do the following: 

(1) Advise the board on legal matters or proceedings m·ising fi·om 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 depmtment to make any necessmy revisions. 

(c) 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.l33-2012, SEC. 72. 

IC 13-13-8-14 

Advisory committees 

Sec. 14. The board may establish advisoty committees for the purpose of giving advice on any 

matters pertaining to the business of the board. A member appointed to an advisory committee shall 

serve at the pleasure of the board and is not entitled to a salary, per diem, or reimbursement of expenses. 

As added by P.L.l33-2012, SEC. 72. 

IC 13-13-8-15 

Rules 

Sec. 15. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that m·e consistent with the 

purposes of this title. 

As added by P.L.l33-2012, SEC. 72. 

l! /')1/'J 111 ')