### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers 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

DearMs. Hedman:

Pursuant to Section 128 oftbe Clean AirAct, the IndianaDepartment ofEnviromnental Management (IDEM) submits an amendmentto the Indiana state implementation plan. This amendment consists ofan Indiana statute concerning the environmental rules board at Indiana Code (IC) 13-13-8. IDEMrequests thatthe 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 ofIndiana's state implementation plan. IDEM is notrequesting any action betaken on any ofthe other patts ofiC 13-13-8.

This submittal consists ofone (1) hard copy ofthe required documentation. An electronic version ofthe 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.

Staffofthe Office ofAir Quality worked closely with your staffto 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. Ifyouhave any questions regarding this submittal, please contact Scott Deloney, Air Programs Branch Chief, Office ofAir Quality at (317) 233-5694.

KB/cep Attachments: Indiana Code 13-13-8 Sincerely, 

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(__**p,,~ '()~** **~'** I Keith Baugues Assistant Commissioner Office ofAir Quality

cc: John Mooney, U.S. EPA Region V (witb enclosure) Doug Aburano, U.S. EPA Region V (with enclosure) Steve Rosenthal, U.S. EPARegion V (with enclosure) Andy Chang, U.S. EPARegion V (with enclosure) Scott Deloney, IDEM (with enclosure) Christine Pedersen, IDEM (with enclosure) SIP file

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### Indiana Code 13-13-8 Page 1 of4



# DODD II

Information Maintained by the Office ofCode Revision Indiana Legislative Services Agency IC 13-13-8 Chapter 8. Environmental Rules Board

IC 13-13-8-1 "Board" Sec. 

### 1. As used inthis chapter, "board" refers to the environmental rules board established by section 3 ofthis chapter. 

### As addedby P.L.l33-2012, SEC. 72.

IC 13-13-8-2 Abolishes boards Sec. 2. (a) The following entities are abolished onJanuary 1, 2013:

(1) The air pollution control board (established by IC 13-17-2 before its repeal). (2) The waterpollution 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 ofthis 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 betreated, 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 thoughthe rules were adopted by the environmental rules board; and (B) shall be administered and implemented by the air pollution control division ofthe department described inIC 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 thoughthe rules were adopted by the environmental rules board; and (B) shall be administered and implemented by the water pollution control division ofthe 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 thoughthe rules were adopted by the environmental rules board; and (B) shall be administered and implemented by the solid waste management division ofthe department described in 

## rc 13-13-3-2(3). (e) A member ofan entity abolished under subsection (a) may

serve until December 31,2012. The initial members ofthe environmental rules board shall be appointed under section 4 ofthis 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 independentboard.

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As addedby P.L.l33-2012, SEC. 72.

IC 13-13-8-4 Membership Sec. 4. (a) The board consists ofthe following sixteen (16) members:

(1) The following ex officio members: (A) The commissioner. The commissioner, orthe commissioner's designee, serves as a nonvoting member ofthe board. (B) The commissioner ofthe state department ofhealth. (C) The director ofthe department ofnatural resources. (D) The lieutenant governor. (E) The secretary ofcommerce 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 ofagriculture. (B) One (1) representative ofmanufacturing. (C) One (1) representative ofenvironmental interests. (D) One (1) representative oflabor. (E) One (1) representative oflocal government. (F) One (1) representative ofsmall business. (G) One (1) healthprofessional who holds a license to practice inIndiana. (H) One (1) representative ofthe solid waste management industry. (I) One (1) representative ofa public utility that engages inthe production andtransmission of electricity. (J) Two (2) representatives ofthe general public, who cannot qualifY to sit onthe boardunder any ofthe other clauses inthis 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) ofthis chapter,

an ex officio member ofthe board may designate inwriting a technical representative to serve as a voting member ofthe board when the ex officio member is unable to attend a board meeting. As addedbyP.L.l33-2012, SEC. 72.

IC 13-13-8-6 Political party limitations Sec. 6. Notmore than six (6) ofthe appointed members ofthe board may be members ofthe same political party. As addedbyP.L.l33-2012, SEC. 72.

IC 13-13-8-7 Terms Sec. 7. (a) An appointed member ofthe board serves a term offour (4) years. (b) Theterm ofeach member ofthe board continues until a successoris appointed and qualified. (c) Ifa vacancy occurs in the appointed membership oftheboard, the governor shall appoint a member not later thanninety (90) days after the vacancy occurs for the remainder ofthe unexpired term

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### Indiana Code 13-13-8 Page 3 of4

created by the vacancy. The board shall suspend the exercise ofthe board's duties ifthe vacancy has not been filled within ninety (90) days after the vacancy occurs. (d) The governor may remove an appointed member ofthe board for cause. Cause includes the repeated failure to attend meetings. · As addedbyP.L.l33-2012, SEC. 72.

I C 13-13-8-8 Compensation 

### Sec. 8. (a) Ex officio members ofthe board serve without additional compensation. (b) Each appointed member ofthe 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 withthe member's duties, as provided inthe state policies and procedures established by the Indiana department ofadministration and approved by the budget agency. (c) The per diem salary and mileage reimbursement are valid claims against the department. As addedbyP.L.l33-2012, SEC. 72.

IC 13-13-8-9 Quorum 

### Sec. 9. Eight (8) members ofthe board, five (5) ofwhom mustbe appointed members ofthe board, constitute a quorum. A quorummustbe presentto transact business at a meeting ofthe board. Meetings ofthe board are subject to the public meeting requirements

under IC 5-14-1.5. As addedby 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) ofthe appointed members ofthe board to serve as chairperson; and (2) another ofthe appointed members to serve as vice chairperson. As added by P.L.l33-2012, SEC. 72.

IC 13-13-8-11 Disclosure ofconflicts ofinterest 

### Sec. 11. Each member ofthe board shall fully disclose any potential conflicts ofinterestrelating to permits or enforcement orders underthe: (1) federal CleanAir Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air ActAmendments 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 SuperfundAmendments 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 ofthe state to serve as technical secretary

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

ofthe board. (b) Between meetings ofthe 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 ofthis chapter concerning terms ofappointment, vacancies, and compensation ofappointed board members apply to the technical secretary. The technical secretary is not a voting member ofthe board. As addedby P.L.l33-2012, SEC. 72.

I C 13-13-8-13 Legal counsel Sec. 13. (a) The board may select, from a list ofthree (3) qualified individuals recommended by the governor, an independentthirdpatty who is not an employee ofthe stateto 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 ofthe board's duties. (2) Review all materials prepared for the board by the department for legal accuracy and sufficiency and direct the depmtmentto make any necessmy revisions. (c) Provisions ofthis chapter concerning terms ofappointment, vacancies, and compensation of appointed board members apply to the legal counsel. The legal counsel is not a voting member ofthe board. As addedbyP.L.l33-2012, SEC. 72.

IC 13-13-8-14 Advisory committees Sec. 14. Theboard may establish advisoty committees for the purpose ofgiving advice on any matterspertaining to the business ofthe board. A member appointed to an advisory committee shall

serve at the pleasure ofthe board and is not entitledto a salary, per diem, or reimbursement ofexpenses. As addedbyP.L.l33-2012, SEC. 72.

IC 13-13-8-15 Rules Sec. 15. The board shall adoptrules under IC 4-22-2 and IC 13-14-9 that m·e consistent with the purposes ofthis title. As addedbyP.L.l33-2012, SEC. 72.

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