reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-2. Board Duties; Factors to Consider in Establishing or Revising Fees

Sec. 2. To establish fees or change the amount of a fee, the board shall:
(1) follow the procedure required for the adoption of rules; and
(2) take into account:
(A) the cost to the department of the issuance of a permit, license, or approval;
(B) the cost to the department of the performance of services in connection with the supervision, review, and other necessary activities related to the permit, license, or approval;
(C) the cost to the department of the surveillance of the activity or property covered by the license, permit, or approval;
(D) the cost to the department of amendments, modifications, and renewals of a permit, license, or approval; and
(E) fees charged for equivalent activities in other states.
[Pre-1996 Recodification Citation: 13-7-16-6(a).]
As added by P.L.1-1996, SEC.6. Amended by P.L.113-2014, SEC.68; P.L.250-2019, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-3. Basis for Fees

Sec. 3. A fee established under this title for a type or class of permit:
(1) may be based on the average of the costs specified in section 2 of this chapter for all permits of that type or class;
(2) may be set at a particular amount in consideration of the type and amount of discharge or emission to which the permit relates; and
(3) may not be different in amount for public sector permit holders than for private sector permit holders, unless the difference is specifically authorized by the Indiana Code.
[Pre-1996 Recodification Citation: 13-7-16-6(b).]
As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.115; P.L.250-2019, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-4. Review and Revision of Fees; Department Duties

Sec. 4. (a) The board shall periodically review the fees established under this title. The board may set or change a fee if the board determines, based upon the information provided under subsections (b) and (c) and the provisions of section 3 of this chapter, that a fee is necessary or that the amount of a fee is not appropriate.
(b) To assist the board in the periodic review of fees required by this section, the department shall:
(1) arrange for an independent study of the costs referred to in section 2(2)(A) through 2(2)(D) of this chapter;
(2) develop information on fees charged for equivalent activities in other states, as applicable, as provided in section 2(2)(E) of this chapter; and
(3) periodically develop information on activities, functions, and permits that have been added or eliminated since the previous fee structure was adopted.
(c) The department shall:
(1) present the information described in subsection (b) to the board for consideration; and
(2) if so directed by the board, initiate a rulemaking under IC 13-14-9 to address fees.
[Pre-1996 Recodification Citation: 13-7-16-6(c).]
As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.116; P.L.250-2019, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-5. Deposit of Fees in Funds

Sec. 5. (a) Except as provided in subsection (b), a fee established by the board under this chapter shall be deposited in the environmental management permit operation fund under IC 13-15-11 when the fee is collected.
(b) The fee established under IC 13-17-8-3 shall be deposited in the Title V operating permit program trust fund established by IC 13-17-8-1 when the fee is collected.
[Pre-1996 Recodification Citation: 13-7-16-6(d).]
As added by P.L.1-1996, SEC.6. Amended by P.L.250-2019, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-5.5. Statutory Fee Amounts Are Minimum Amounts; Fee Increases by Board

Sec. 5.5. (a) All fee amounts set forth numerically in this title are minimum amounts. Even if the amount of a fee is set forth numerically in this title, the board, under HEA 1278-2019, SECTION 35, and sections 2 through 4 of this chapter, may increase the fee to an amount greater than the minimum fee amount set forth numerically in this title.
(b) After the board, under subsection (a), increases the amount of a fee to an amount greater than the minimum fee amount set forth numerically in this title, the legislative services agency shall prepare legislation for introduction in the regular session of the general assembly immediately following the effective date of the board's fee increase to remove the fee amount set forth numerically in this title.
As added by P.L.250-2019, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-6. Fee Amounts May Not Be Changed More Than Once in Five Years; May Not Be Increased by More Than 10%

Sec. 6. (a) The board may not:
(1) set or change the amount of a fee established under this title more than one (1) time in five (5) years; or
(2) require payment of a fee for material used as alternate daily cover pursuant to a permit issued by the department under 329 IAC 10-20-13.
(b) A change in a fee established under this title may not increase the amount of the fee by more than ten percent (10%).
[Pre-1996 Recodification Citation: 13-7-16-6.3.]
As added by P.L.1-1996, SEC.6. Amended by P.L.45-1997, SEC.7; P.L.224-1999, SEC.7; P.L.113-2014, SEC.69; P.L.250-2019, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-7. Adjustments to Environmental Management Permit Operation Fund

Sec. 7. (a) Before billing a person under IC 13-18-20, IC 13-20-21, or IC 13-22-12, the commissioner shall review the money in the environmental management permit operation fund established under IC 13-15-11 and make the following adjustments:
(1) If the balance of the fund collected under IC 13-18-20, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-18-20.
(2) If the balance of the fund collected under IC 13-20-21, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-20-21.
(3) If the balance of the fund collected under IC 13-22-12, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-22-12.
(b) The appropriate board may adopt rules under IC 4-22-2 and IC 13-14-9 to adjust the amount of the fund balance at which the commissioner is required to adjust individual bills under subsection (a)(1), (a)(2), or (a)(3). However, the amount of the fund balance established by rule under this subsection may not exceed two million five hundred thousand dollars ($2,500,000).
As added by P.L.224-1999, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 2. Installment Payments › 13-16-2-1. Fee Payment Schedules

Sec. 1. (a) The department shall establish fee payment schedules that allow a person that is required to pay an annual fee established under:
(1) this title; or
(2) rules adopted under this title;
to pay the fee in equal installments over a twelve (12) month period that begins on the date the fee is assessed.
(b) The department shall allow a person to pay an annual fee according to a fee payment schedule established under this section if the person determines that a single payment of the entire fee is an undue hardship on the person.
(c) A fee payment schedule established under this section may not require a person to pay more than one (1) installment in any three (3) month period during the twelve (12) month period.
(d) The department is not required to assess installments separately.
As added by P.L.2-1997, SEC.40.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 1. Intent and Purpose of Air Pollution Control Laws › 13-17-1-1. Purpose; Air Resource Purity

Sec. 1. It is the intent and purpose of air pollution control laws to maintain the purity of the air resource of Indiana, which shall be consistent with protection of the public health and welfare and the public enjoyment of the air resource, physical property and other resources, flora and fauna, maximum employment, and full industrial development of Indiana. The board and the department shall safeguard the air resource through the prevention, abatement, and control of air pollution by all practical and economically feasible methods.
[Pre-1996 Recodification Citation: 13-1-1-1(a).]
As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.117.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 1. Intent and Purpose of Air Pollution Control Laws › 13-17-1-2. Local Air Quality Control Programs

Sec. 2. Local and air quality basin control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.
[Pre-1996 Recodification Citation: 13-1-1-1(b).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 1. Intent and Purpose of Air Pollution Control Laws › 13-17-1-3. Criteria for Air Quality Control Programs

Sec. 3. Accomplishing the intent and purpose of air pollution control laws can be done most effectively by focusing on goals to be achieved by a maximum of cooperation among all parties concerned, and the rules established under this article should be clearly premised upon scientific knowledge of causes as well as of effects.
[Pre-1996 Recodification Citation: 13-1-1-1(c).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 2. Repealed

[Pre-1996 Recodification Citations:
13-17-2-1Formerly13-1-1-3(a)13-17-2-2Formerly13-1-1-3(b) part13-17-2-3Formerly13-1-1-3(c) part13-17-2-4Formerly13-1-1-3(h)13-17-2-5Formerly13-1-1-3(i)13-17-2-6Formerly13-1-1-3(b) part13-17-2-7Formerly13-1-1-3(c) part13-17-2-8Formerly13-1-1-3(c) part13-17-2-9Formerly13-1-1-3(d) part, (g) part13-17-2-10Formerly13-1-1-3(g) part13-17-2-11Formerly13-1-1-3(d) part13-17-2-12Formerly13-1-1-3(e)13-17-2-13Formerly13-1-1-3(f).]
Repealed by P.L.133-2012, SEC.118.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-1. Assistance to Local Governments

Sec. 1. The department shall provide assistance on air pollution matters to towns, cities, and counties.
[Pre-1996 Recodification Citation: 13-1-1-1(d).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-2. Inspections

Sec. 2. The commissioner may conduct inspections under air pollution control laws in accordance with IC 13-14-2.
[Pre-1996 Recodification Citation: 13-1-1-4(a).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 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.
[Pre-1996 Recodification Citation: 13-1-1-4(b).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-4. Adoption or Amendment of Rules

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 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)).
[Pre-1996 Recodification Citation: 13-1-1-4(c).]
As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.18; P.L.166-2002, SEC.2; P.L.159-2011, SEC.21; P.L.13-2013, SEC.47; P.L.79-2014, SEC.4; P.L.181-2018, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 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.
[Pre-1996 Recodification Citation: 13-1-1-4(d).]
As added by P.L.1-1996, SEC.7. Amended by P.L.137-2007, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-6. Repealed

[Pre-1996 Recodification Citation: 13-1-1-4(e).]
As added by P.L.1-1996, SEC.7. Repealed by P.L.133-2012, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 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.
[Pre-1996 Recodification Citation: 13-1-1-4(f).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-8. Additional Duties

Sec. 8. The board shall carry out other duties imposed by law.
[Pre-1996 Recodification Citation: 13-1-1-4(g).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 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.
[Pre-1996 Recodification Citation: 13-1-1-4(h).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-10. Funds

Sec. 10. The commissioner may budget and receive appropriated money for expenditures to carry out air pollution control laws.
[Pre-1996 Recodification Citation: 13-1-1-4(i).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-11. Power to Adopt Rules Under State Discretionary Authority

Sec. 11. The board may adopt rules under IC 4-22-2 and IC 13-14-9 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.
[Pre-1996 Recodification Citation: 13-1-1-4(j).]
As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.120.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 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.
[Pre-1996 Recodification Citation: 13-1-1-4(k).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 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.
[Pre-1996 Recodification Citation: 13-1-1-4(l).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 13-17-3-14. Federal Designations Effective in Indiana on Effective Date of Federal Regulation; Department to Post Information and Maintain Database

Sec. 14. (a) If a federal regulation adopted to implement the federal Clean Air Act classifies or amends an existing designation of:
(1) attainment;
(2) nonattainment; or
(3) unclassifiable;
for any area within Indiana, that designation becomes effective and enforceable in Indiana for purposes of air pollution control laws on the effective date of the federal regulation.
(b) The department shall do the following to provide notice of a change to a designation:
(1) Post on the department's website information concerning draft federal regulations that propose to amend an existing designation, including information concerning the manner by which the public may comment on the proposed amendment during the public comment period that applies to the draft federal regulations.
(2) Maintain a database of designations for all areas of Indiana, including amendments to the designations.
(c) The board may adopt rules under IC 13-14-9 to set standards for ambient air quality to effectuate the purposes of air pollution control laws.
[Pre-1996 Recodification Citation: 13-1-1-5.]
As added by P.L.1-1996, SEC.7. Amended by P.L.25-2023, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 3. Powers and Duties Concerning Air Pollution Control › 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.
[Pre-1996 Recodification Citation: 13-7-8-1.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 4. Air Pollution Emergencies › 13-17-4-1. Public Policy

Sec. 1. The discharge into the outdoor atmosphere of air contaminants that would cause air pollution and create a public nuisance is contrary to the public policy of the state and this article.
[Pre-1996 Recodification Citation: 13-1-1-7(a).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 4. Air Pollution Emergencies › 13-17-4-2. Emergency Risk

Sec. 2. (a) Air pollution may at certain times and places so seriously affect the public health and so threaten the population as to warrant emergency powers to prevent or minimize disasters of unforeseen proportions. If the commissioner determines, in consultation with the commissioner of the Indiana department of health, that air pollution in an area constitutes an unreasonable and emergency risk to the health and safety of those in the area, that determination shall be immediately communicated to the governor.
(b) The governor may, by proclamation, do the following:
(1) Declare that an emergency exists.
(2) Order all persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants.
[Pre-1996 Recodification Citation: 13-1-1-7(b).]
As added by P.L.1-1996, SEC.7. Amended by P.L.56-2023, SEC.128.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 4. Air Pollution Emergencies › 13-17-4-3. Injunction

Sec. 3. (a) Not more than twenty-four (24) hours after issuance of a proclamation under section 2 of this chapter, the attorney general, at the request of the governor, shall initiate injunctive proceedings in the appropriate court against each person causing or contributing to the air pollution to:
(1) stop the emission of contaminants causing the pollution; or
(2) take other action that is necessary.
(b) If the attorney general does not commence an action within the twenty-four (24) hour period, the governor's proclamation becomes void.
[Pre-1996 Recodification Citation: 13-1-1-7(c).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-1. Rules

Sec. 1. The board may adopt rules for the control of emissions from vehicles. However, the board must, before adopting the rules, forward to each member of the general assembly a copy of the proposed rules. The rules may prescribe requirements for the following:
(1) The installation and use of equipment designed to reduce or eliminate emissions.
(2) The proper maintenance of that equipment and of vehicles.
[Pre-1996 Recodification Citation: 13-1-1-6(a) part.]
As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.121.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-2. Consistency of Rules With Federal Emission Control Laws

Sec. 2. Any rules proposed for adoption under section 1 of this chapter must be consistent with provisions of federal law relating to control of emissions from vehicles. The board may not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification, or other approval of any feature or equipment designed for the control of emissions from vehicles if the feature or equipment has been certified, approved, or otherwise authorized under federal law.
[Pre-1996 Recodification Citation: 13-1-1-6(a) part.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-3. Removal or Failure to Maintain Emission Control Device

Sec. 3. Except as permitted or authorized by law, a person may not:
(1) fail to maintain in good working order; or
(2) remove, dismantle, or otherwise cause to be inoperative;
any air pollution control system or mechanism that is used to control air pollution of a vehicle and that is required by rules of the board to be maintained in or on the vehicle.
[Pre-1996 Recodification Citation: 13-1-1-6(b) part.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-4. Penalty

Sec. 4. The commissioner of the bureau of motor vehicles shall suspend the registration of any vehicle that is not in compliance with section 3 of this chapter and may not reinstate the registration until:
(1) the emission control equipment of the vehicle has been restored, replaced, or repaired and is in good working order; and
(2) if the vehicle is subject to a rule of the board requiring testing of the emission characteristics of certain vehicles in certain counties, all requirements of that rule applying to the vehicle have been satisfied.
[Pre-1996 Recodification Citation: 13-1-1-6(b) part.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-5. Repealed

[Pre-1996 Recodification Citation: 13-1-1-11 part.]
As added by P.L.1-1996, SEC.7. Repealed by P.L.229-1999, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-5.1. Applicability of Rules Regarding Tests; Inspection Station Powers; Contracts to Conduct Tests

Sec. 5.1. (a) A rule adopted by the board under air pollution control laws that requires:
(1) certain motor vehicles registered in certain counties to undergo a periodic test of emission characteristics; and
(2) vehicles failing the emissions test to be repaired and retested;
applies to the vehicles registered in those counties subject to the rules. An exemption in the rules applies to motor vehicles registered in those counties subject to the rule.
(b) An inspection station authorized by a rule adopted by the board may:
(1) inspect any vehicle; and
(2) certify that the inspected vehicle meets air emission control standards established in the applicable rules.
(c) The department may contract with a person to conduct inspections to test the emissions or emission control devices of motor vehicles. If inspections are conducted by a contractor under this subsection, the inspections and testing shall be conducted under the direction of the department. The department may not enter into a contract with a foreign corporation under this section unless the foreign corporation is registered with the secretary of state to do business in Indiana.
(d) The duration of a contract entered into under this section may not exceed ten (10) years.
(e) This section does not prohibit the board or the department from adopting fleet inspection procedures.
(f) IC 5-22-17-3 does not apply to a procurement under this section.
As added by P.L.229-1999, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-5.2. Legalization of Certain Rules, Inspections, Certifications, and Contracts

Sec. 5.2. The following are legalized:
(1) A rule adopted by the air pollution control board and described in IC 13-17-5-5(a) before its repeal.
(2) An inspection or certification conducted under IC 13-17-5-5(b) before its repeal.
(3) Contracts entered into and inspections made under IC 13-17-5-5(c) before its repeal.
As added by P.L.220-2011, SEC.281.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-5.4. Number of Inspection Stations in Certain Counties

Sec. 5.4. (a) This section applies to the following counties:
(1) A county having a population of more than eighty thousand four hundred (80,400) and less than eighty-two thousand (82,000).
(2) A county having a population of more than one hundred twenty thousand (120,000) and less than one hundred thirty thousand (130,000).
(b) For the purpose of determining the number of inspection stations operating in a county under this subsection, a temporary or portable inspection station counts as an inspection station. After July 1, 1997, the department must maintain in a county under subsection (a) an equal or greater number of inspection stations as were operating in the county on July 1, 1996.
As added by P.L.79-1997, SEC.2. Amended by P.L.170-2002, SEC.86; P.L.119-2012, SEC.109; P.L.104-2022, SEC.80.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-6. Vehicle Emissions Tests Certificate of Compliance; New and Recently Manufactured Vehicles

Sec. 6. (a) A rule adopted by the board under air pollution control laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes new vehicles exempt from the emissions tests for a time;
may not require that new vehicles be presented at an official vehicle inspection station for the purpose of obtaining a certificate of compliance.
(b) A rule adopted by the board under air pollution control laws that:
(1) requires periodic motor vehicle emissions tests; and
(2) makes certain vehicles exempt from the emissions test due to the length of time since the vehicles were manufactured;
may not require that those vehicles be presented at an official vehicle inspection station for the purpose of obtaining a certificate of compliance.
[Pre-1996 Recodification Citation: 13-1-1-11.1.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-7. Motor Vehicle Emissions Testing Program; Funding

Sec. 7. (a) The department shall annually advise the budget committee on whether:
(1) money appropriated by the general assembly; and
(2) money available through federal grants;
is adequate to implement a motor vehicle emissions testing program described in section 5.1 of this chapter.
(b) If the money described under subsection (a) becomes insufficient to implement a motor vehicle emissions testing program, the department shall immediately notify:
(1) the governor; and
(2) the budget committee;
of the insufficiency.
[Pre-1996 Recodification Citation: 13-1-1-11.3.]
As added by P.L.1-1996, SEC.7. Amended by P.L.229-1999, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-8. Motor Vehicle Emissions Inspection Station; Duty to Report Violations; Notification of Compliance

Sec. 8. (a) Whenever:
(1) an officer or employee of the department; or
(2) a person the department has contracted with under section 5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11 (before its repeal);
learns of a violation of section 1, 2, 3, or 4 of this chapter or IC 13-1-1-6 (before its repeal), the officer or employee shall notify the bureau of motor vehicles in writing of the violation or failure for purposes of the suspension of the registration of the vehicle in question under IC 9-18.1-3-8.
(b) After a vehicle's registration is suspended under IC 9-18.1-3-8:
(1) an officer or employee of the department; or
(2) a person the department has contracted with under section 5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11 (before its repeal);
who recognizes that the violation of section 1, 2, 3, or 4 of this chapter or IC 13-1-1-6 (before its repeal) has been corrected shall notify the bureau of motor vehicles in writing of the correction or achievement of compliance for purposes of the reinstatement of the vehicle's registration under IC 9-18.1-3-8.
[Pre-1996 Recodification Citation: 13-1-1-12.]
As added by P.L.1-1996, SEC.7. Amended by P.L.229-1999, SEC.4; P.L.257-2017, SEC.42.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 5. Motor Vehicle Emission Control › 13-17-5-9. Rules for Vehicle Inspection Programs in Certain Counties; Approval of Programs by Budget Agency

Sec. 9. (a) After December 31, 2006, the board may not adopt a rule under air pollution control laws that requires motor vehicles to undergo a periodic test of emission characteristics in the following counties:
(1) A county having a population of more than eighty thousand four hundred (80,400) and less than eighty-two thousand (82,000).
(2) A county having a population of more than one hundred twenty thousand (120,000) and less than one hundred thirty thousand (130,000).
(b) After December 31, 2006, 326 IAC 13-1.1 is void to the extent it applies to a county referred to in subsection (a).
(c) Unless the budget agency approves a periodic vehicle inspection program for a county referred to in subsection (a), the board shall amend 326 IAC 13-1.1 so that it does not apply after December 31, 2006, to a county referred to in subsection (a).
(d) The budget agency, after review by the budget committee, may approve in writing the implementation of a periodic vehicle inspection program for one (1) or more counties described in subsection (a) only if the budget agency determines that the implementation of a periodic vehicle inspection program in the designated counties is necessary to avoid a loss of federal highway funding for the state or a political subdivision. The approval must specify the counties to which the periodic vehicle inspection program applies and the time during which the periodic vehicle inspection program must be conducted in each designated county. The budget agency, after review by the budget committee, shall withdraw an approval given under this subsection for a periodic vehicle inspection program in a county if the budget agency determines that the suspension of the periodic vehicle inspection program will not adversely affect federal highway funding for the state or a political subdivision.
As added by P.L.282-2003, SEC.37. Amended by P.L.119-2012, SEC.110; P.L.104-2022, SEC.81.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-1. Asbestos Emission Control; Program for Accreditation of Persons Engaged in Inspection, Management, or Abatement; Licensing of Contractors

Sec. 1. (a) This section does not apply to a person making an inspection under the authority of IC 22-8-1.1.
(b) The board shall adopt rules under IC 4-22-2 requiring the commissioner to establish a program for the following:
(1) The accreditation of persons engaged in the inspection, management, or abatement of asbestos containing material.
(2) The licensing of asbestos contractors.
(c) The board shall, in the rules adopted under this section, do the following:
(1) Prohibit a person without accreditation or an asbestos contractor without a license from engaging in the inspection, management, or abatement of asbestos containing material at:
(A) elementary and secondary schools; and
(B) facilities subject to:
(i) United States Environmental Protection Agency regulations; or
(ii) rules of the board;
pertaining to asbestos emission control.
(2) Require training and examination as a precondition to accreditation.
(3) Require periodic retraining and reexamination to maintain accreditation.
(4) Establish minimum requirements for the issuance of an asbestos contractor license, including a requirement that all workers employed by an asbestos contractor to inspect, manage, or abate asbestos containing material be accredited under the program established under this section.
(5) Extend the applicability of the accreditation and licensing requirements to other facilities as determined by the board.
(6) Exempt from accreditation and licensing requirements a person that performs work:
(A) on a private residential dwelling and commercial residential building with fewer than five (5) dwelling units; and
(B) during an emergency that results from a sudden and unexpected event that is not a planned asbestos project.
[Pre-1996 Recodification Citation: 13-1-1-14(a), (b).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-2. Fee for Certification

Sec. 2. (a) This section does not apply to a person making an inspection under the authority of IC 22-8-1.1.
(b) The board shall adopt a rule under IC 4-22-2 to do the following:
(1) Establish a fee not to exceed one hundred fifty dollars ($150) per person per certification for persons seeking accreditation through the program established under section 1 of this chapter.
(2) Establish a fee for asbestos contractors seeking licensing through the program established under section 1 of this chapter.
(c) The amount of the fee established under subsection (b) must not be more than is considered to be necessary to recover the cost of establishing the accreditation and licensing programs.
(d) The proceeds of the fee shall be deposited in the asbestos trust fund established by section 3 of this chapter.
[Pre-1996 Recodification Citation: 13-1-1-14(a), (c), (d).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-3. Asbestos Trust Fund

Sec. 3. (a) The asbestos trust fund is established to provide a source of money for the purposes set forth in section 4 of this chapter.
(b) The expenses of administering the fund shall be paid from the money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) The sources of money for the fund are the following:
(1) Accreditation fees paid under section 2 of this chapter.
(2) Appropriations made by the general assembly, gifts, and donations intended for deposit in the fund.
(3) Penalties imposed under IC 13-30-4 and IC 13-30-5 for violations of the rules of the board concerning asbestos.
[Pre-1996 Recodification Citation: 13-1-1-15.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-4. Asbestos Trust Fund; Use of Funds

Sec. 4. The commissioner may use money in the fund to do the following:
(1) Pay the expenses of administration of the accreditation program established under section 1 of this chapter.
(2) Cover other costs related to implementation of the federal Asbestos Hazard Emergency Response Act of 1986 (15 U.S.C. 2641 et seq.).
[Pre-1996 Recodification Citation: 13-1-1-16.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-5. Agents or Employees of Licensed Asbestos Contractor; Necessity of Accreditation Under Certain Circumstances

Sec. 5. An asbestos contractor licensed under this chapter may not allow an agent or employee of the contractor to:
(1) exercise control over an asbestos project; or
(2) come into contact with asbestos;
unless the agent or employee is accredited under this chapter.
[Pre-1996 Recodification Citation: 13-1-1-17.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-6. Records of Asbestos Removal Projects; Contents; Maintenance; Inspection

Sec. 6. (a) An asbestos contractor licensed under this chapter shall compile records concerning each asbestos project the asbestos contractor performs. The records must include the following information on each asbestos project:
(1) The name, address, and proof of accreditation of the following:
(A) The person who supervised the asbestos project for the asbestos contractor.
(B) Each employee or agent of the asbestos contractor that worked on the project.
(2) The site of the asbestos project.
(3) A description of the asbestos project.
(4) The amount of asbestos containing material that was removed in the project.
(5) The date on which the asbestos project was started and the date on which the asbestos project was completed.
(6) A summary of procedures that were used in the asbestos project to comply with all applicable federal and state standards on asbestos projects.
(7) The name and address of each disposal site used for the disposal of asbestos containing material that was disposed of on the asbestos project.
(b) A copy of each receipt issued by a disposal site identified under subsection (a)(7) must be included in the records concerning the project compiled under this section.
(c) An asbestos contractor shall retain the records compiled under subsection (a) concerning a particular asbestos project for at least thirty (30) years after the asbestos project is concluded.
(d) An asbestos contractor shall make records kept under this section available to the department upon request.
[Pre-1996 Recodification Citation: 13-1-1-18.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-7. Onsite Inspection of Asbestos Project

Sec. 7. At least one (1) time each year, the department shall investigate the procedures employed by each licensed asbestos contractor with regard to the:
(1) abatement;
(2) removal;
(3) renovation;
(4) enclosure;
(5) repair; and
(6) encapsulation;
of asbestos containing material by conducting an inspection of the site of an asbestos project being carried out by the licensed asbestos contractor.
[Pre-1996 Recodification Citation: 13-1-1-19.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-8. Public Asbestos Projects; Bidder Restrictions

Sec. 8. A political subdivision or a state agency may not accept a bid for an asbestos project from a person that does not hold an asbestos contractor license.
[Pre-1996 Recodification Citation: 13-1-1-20.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-9. Commissioner's Inspection or Investigation

Sec. 9. The commissioner may do the following:
(1) Inspect the site of an asbestos project:
(A) during the project; or
(B) after the project is completed.
(2) Conduct an investigation of an asbestos project upon:
(A) the commissioner's own initiation; or
(B) the receipt of a complaint by a person.
[Pre-1996 Recodification Citation: 13-1-1-21.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-10. Injunction Against Nonconforming Asbestos Removal Procedures; Notice; Review

Sec. 10. (a) If the commissioner finds that an asbestos project is not being performed in accordance with air pollution control laws or rules adopted under air pollution control laws, the commissioner may enjoin further work on the asbestos project without prior notice or hearing by delivering a notice to:
(1) the asbestos contractor engaged in the asbestos project; or
(2) the agent or representative of the asbestos contractor.
(b) A notice issued under this section must:
(1) specifically enumerate the violations of law that are occurring on the asbestos project; and
(2) prohibit further work on the asbestos project until the violations enumerated under subdivision (1) cease and the notice is rescinded by the commissioner.
(c) Not later than ten (10) days after receiving written notification from a contractor that violations enumerated in a notice issued under this section have been corrected, the commissioner shall issue a determination whether or not to rescind the notice.
(d) An asbestos contractor or any other person aggrieved or adversely affected by the issuance of a notice under subsection (a) may obtain a review of the commissioner's action under IC 4-21.5 and IC 4-21.5-7.
[Pre-1996 Recodification Citation: 13-1-1-22.]
As added by P.L.1-1996, SEC.7. Amended by P.L.25-1997, SEC.8.