reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 6. Regulation of Asbestos and Asbestos Contractors › 13-17-6-11. Reprimand, Suspension, or Revocation of License or Accreditation; Grounds

Sec. 11. (a) The commissioner may under IC 4-21.5 reprimand an asbestos contractor or asbestos worker or suspend or revoke the license of an asbestos contractor or the accreditation of an asbestos worker for the following reasons:
(1) Fraudulently or deceptively obtaining or attempting to obtain a license or accreditation under this chapter.
(2) Failing to meet the qualifications for a license or accreditation or failing to comply with the requirements of air pollution control laws or rules adopted under air pollution control laws.
(3) Failing to meet an applicable federal or state standard for the abatement, removal, or encapsulation of asbestos.
(b) The commissioner may under IC 4-21.5 reprimand an asbestos contractor or suspend or revoke the license of an asbestos contractor that does any of the following:
(1) Employs a person who is not accredited under this chapter.
(2) Permits a person who is not accredited under this chapter to work on an asbestos project.
[Pre-1996 Recodification Citation: 13-1-1-23.]
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 › 13-17-6-12. Necessity of License or Accreditation Before Performing Asbestos Project; Exceptions

Sec. 12. (a) Except as provided in subsections (c) and (d), a person that enters into a contract providing for the person to execute, for compensation, an asbestos project must hold an asbestos contractor's license.
(b) Except as provided in subsections (c) and (d), an individual who works on an asbestos project must be accredited under this chapter.
(c) In an emergency that results from a sudden and unexpected event that is not a planned renovation or demolition, the commissioner may waive the requirements set forth in subsections (a) and (b) for a person that enters into a contract or works to resolve the emergency.
(d) The commissioner may:
(1) exempt an employer from subsection (a); and
(2) exempt the employer's employees from subsection (b) with respect to an asbestos project on premises owned or leased by the employer;
if the commissioner determines that the employer has adopted and is enforcing an asbestos safety program that is adequate to protect the health and safety of the employees and of any other persons who are or may be affected by the asbestos project.
[Pre-1996 Recodification Citation: 13-1-1-24.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 7. Clean Air Act Permit Compliance Program › 13-17-7-1. Limitation on Liability

Sec. 1. Except as otherwise provided in this chapter, if a person:
(1) constructed, reconstructed, modified, or operated a facility or source that emits or is capable of emitting into the atmosphere a regulated pollutant in an amount for which:
(A) a registration;
(B) a construction permit; or
(C) an operating permit;
is required under IC 13-30-2-1(7) and rules adopted by the board under IC 13-15-1-1;
(2) fails to obtain the:
(A) registration;
(B) construction permit; or
(C) operating permit;
as required by Indiana law;
(3) meets the conditions described in section 2 of this chapter; and
(4) pays a civil penalty described in section 6 of this chapter;
the person's failure to obtain the registration, construction permit, or operating permit does not result in any liability beyond the liability described in this chapter.
[Pre-1996 Recodification Citation: 13-10-4-1(b).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 7. Clean Air Act Permit Compliance Program › 13-17-7-2. Conditions

Sec. 2. (a) All of the following conditions must be satisfied for a person to qualify for the exemption from liability established in section 1 of this chapter:
(1) If the source is required to obtain a Title V operating permit, a complete permit application for a Title V operating permit, a FESOP, or an enforceable operating agreement that includes the existing and unpermitted facility or source is submitted to the commissioner not later than November 16, 1996, or a date established by the board for timely submission of an application for a Title V operating permit, whichever is earlier. The permit application submitted under this subdivision must comply with:
(A) the requirements of 40 CFR 70.5(a)(2); and
(B) all rules adopted by the board implementing 40 CFR 70.5(a)(2).
(2) If the source is not required to obtain a Title V operating permit, a complete application for a registration or construction permit, as applicable, for the existing and unpermitted facility or source is submitted to the commissioner not later than November 16, 1996. The registration or construction permit application must comply with all rules adopted by the board.
(3) Each existing emitting facility or source for which limited liability is claimed under this chapter is clearly identified in the application submitted under subdivision (1) or (2), whichever is applicable.
(4) The emitting facility or source was constructed or modified before January 1, 1994.
(5) The emitting source was not the subject of a completed administrative or civil action for failure to obtain a necessary air construction or operation permit:
(A) after January 1, 1989; and
(B) before January 1, 1994.
(6) The source is not the subject of a pending administrative or civil action for failure to obtain a necessary air construction or operation permit.
(b) The department may not require:
(1) a separate registration application;
(2) a construction permit application; or
(3) an additional operating permit application;
if the Title V operating permit application submitted for the sources or facilities qualifying for an exemption from liability under section 1 of this chapter and identified under subsection (a)(3) contains information that satisfies all requirements of the rules adopted by the board and all Indiana statutes concerning new or modified sources and facilities.
(c) This section does not relieve a person from any obligation to:
(1) apply for or obtain a permit required for the prevention of significant deterioration or by new source review requirements of the federal Clean Air Act under 42 U.S.C. 7470 et seq. (Part C) or 42 U.S.C. 7501 et seq. (Part D); or
(2) obtain a registration or construction permit required under an Indiana law or rules adopted by the board.
[Pre-1996 Recodification Citation: 13-10-4-1(c).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 7. Clean Air Act Permit Compliance Program › 13-17-7-3. Applicability of Chapter; Limitations

Sec. 3. This chapter does not do any of the following:
(1) Limit the scope of a person's liability for criminal penalties or for civil penalties under IC 13-30-4, IC 13-30-5, and IC 13-30-8.
(2) Excuse or prohibit enforcement of violations of any state or federal health based or technology based standard, including national primary and secondary ambient air quality standards.
(3) Excuse a facility or source for failure to obtain in advance a construction permit required by the prevention of significant deterioration or new source review requirements of the federal Clean Air Act under 42 U.S.C. 7470 et seq. (Part C) or 42 U.S.C. 7501 et seq. (Part D).
(4) Apply to an individual facility at a source:
(A) that has potential emissions of more than one hundred (100) tons per year of any regulated pollutant;
(B) to which the board had established permit requirements under rules in effect on January 1, 1994; and
(C) that never received an operating permit under 326 IAC 2-1-4 as in effect on January 1, 1994.
[Pre-1996 Recodification Citation: 13-10-4-1(d).]
As added by P.L.1-1996, SEC.7. Amended by P.L.137-2007, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 7. Clean Air Act Permit Compliance Program › 13-17-7-4. Prohibition on Reopening of Enforcement Action

Sec. 4. An enforcement action that has been resolved or settled with the commissioner or any other person may not be reopened on the basis of this chapter.
[Pre-1996 Recodification Citation: 13-10-4-1(e).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 7. Clean Air Act Permit Compliance Program › 13-17-7-5. Basis for Civil Action

Sec. 5. A private citizen, the commissioner, the governor, or the attorney general may initiate a civil action under:
(1) IC 13-14-10-2;
(2) IC 13-15-3-6;
(3) IC 13-17-4;
(4) IC 13-30-1-1 through IC 13-30-1-7;
(5) IC 13-30-3-2 through IC 13-30-3-9; or
(6) IC 32-30-6-7;
whichever is applicable, to enjoin or abate emissions resulting from the operation of an existing emitting facility or source.
[Pre-1996 Recodification Citation: 13-10-4-1(f).]
As added by P.L.1-1996, SEC.7. Amended by P.L.1-1998, SEC.105; P.L.2-2002, SEC.56.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 7. Clean Air Act Permit Compliance Program › 13-17-7-6. Civil Penalty for Failure to Possess a Permit or Registration

Sec. 6. The sole civil penalty for a failure to possess a permit or registration as described in section 1 of this chapter, regardless of the number of facilities identified in the application filed under section 2 of this chapter, is as follows:
(1) For a person who submits a timely and complete Title V operating permit application under section 2 of this chapter:
(A) three thousand dollars ($3,000); and
(B) an amount equal to the amount charged for an annual operation fee for all facilities or sources owned or operated by the person that should have been permitted or registered based on fees established for 1993 in 326 IAC 2-1-7.1(a)(4) or 326 IAC 2-1-7.1(a)(5).
(2) For a person who submits a timely and complete application for a FESOP, an enforceable operating agreement under section 2(a)(1) of this chapter, or a timely and complete application for a registration or construction permit under section 2(a)(2) of this chapter:
(A) two thousand dollars ($2,000); and
(B) an amount equal to the amount charged for an annual operation fee for all facilities or sources owned or operated by that person that should have been permitted or registered based on fees established for 1993 in 326 IAC 2-1-7.1(a)(4) or 326 IAC 2-1-7.1(a)(5).
[Pre-1996 Recodification Citation: 13-10-4-1(g).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 7. Clean Air Act Permit Compliance Program › 13-17-7-7. Applicability of Chapter

Sec. 7. The limitation on liability provided under section 1 of this chapter only applies to an administrative or a judicial enforcement action brought against a person for failure to possess a valid state construction permit, operating permit, or registration. This chapter does not apply to any other type of violation.
[Pre-1996 Recodification Citation: 13-10-4-1(h).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-1. Title v Operating Permit Program Trust Fund

Sec. 1. (a) The Title V operating permit program trust fund is established to provide a source of money for the implementation, enforcement, and administration of the operating permit program required to implement 42 U.S.C. 7661 through 7661f of the federal Clean Air Act, as provided in sections 2 through 9 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) Fees collected under the operating permit program required to implement 42 U.S.C. 7661 through 7661f.
(2) Appropriations made by the general assembly.
(f) Money in the fund may be used only to pay the costs of the operating permit program activities described in section 3 of this chapter.
(g) Revenues that accrue to the fund are appropriated to the department for the purposes described in section 3 of this chapter.
[Pre-1996 Recodification Citation: 13-1-1-25.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-2. Fees; Owner or Operator of Source Requiring Permit

Sec. 2. (a) The owner or operator of a source subject to the requirement to obtain a permit necessary to implement 42 U.S.C. 7661 through 7661f shall pay a fee determined by the board under rules adopted under IC 4-22-2.
(b) The department shall do the following:
(1) Collect the fees described in subsection (a).
(2) Deposit the fees in the Title V operating permit program trust fund.
[Pre-1996 Recodification Citation: 13-1-1-26(a), (b).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-3. Requirement That Fees Be Sufficient to Cover Costs

Sec. 3. In accordance with IC 13-16-1, the board shall adopt fees to be collected under the operating permit program. The annual aggregate amount of fees collected under the operating permit program from all sources subject to the operating permit program must be sufficient to cover only the direct and indirect reasonable costs of the following permit program activities:
(1) Preparing rules, regulations, and guidance regarding implementation and enforcement of the program.
(2) Reviewing and acting on the following:
(A) An application for an operating permit.
(B) An operating permit revision.
(C) An operating permit renewal.
(3) The general administrative cost of running the operating permit program.
(4) Implementing and enforcing the terms of a permit granted under the operating permit program. However, court costs for enforcement actions are not included under this subdivision.
(5) Emissions and ambient monitoring.
(6) Modeling analyses and demonstrations.
(7) Preparing inventories and tracking emissions.
(8) Developing and administering a small business stationary source technical and environmental compliance assistance program.
[Pre-1996 Recodification Citation: 13-1-1-26(c).]
As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.122; P.L.250-2019, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-4. Fee Structure

Sec. 4. The fee structure established under section 3 of this chapter may include any of the following:
(1) The placement of persons described in section 2(a) of this chapter into categories.
(2) Fee amounts based on the amount and type of emissions if:
(A) maximum; and
(B) minimum or base;
fee amounts are included as part of the fee structure.
(3) Fee amounts based on the cost of performing the activities described in section 3 of this chapter.
(4) A maximum fee amount for each source described in section 2(a) of this chapter;
(5) A base or minimum fee for each source described in section 2(a) of this chapter.
[Pre-1996 Recodification Citation: 13-1-1-26(d).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-5. Fee Structure; Application

Sec. 5. The fee structure established under section 3 of this chapter applies to each source subject to the requirement to obtain a permit required to implement 42 U.S.C. 7661 through 7661f.
[Pre-1996 Recodification Citation: 13-1-1-26(e).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-6. Fee Structure; Restrictions

Sec. 6. The following apply to the initial fee structure established under section 3 of this chapter:
(1) Except as provided in subdivision (2), the initial fee structure may not include a fee for a source that exceeds one hundred fifty thousand dollars ($150,000) in each year.
(2) For a source that:
(A) is located in an area designated as a serious or severe ozone nonattainment area under the federal Clean Air Act; and
(B) emits more than:
(i) one hundred (100) tons of volatile organic compounds; and
(ii) one hundred (100) tons of nitrogen oxides;
the initial fee structure may not include a fee that exceeds two hundred thousand dollars ($200,000) in each year.
(3) Except as provided in subdivision (4), during the period:
(A) after December 31, 1994; and
(B) before January 1, 2000;
the fee structure may not be attributable to the amount or type of emissions from a steam electric generating unit that is an affected unit under 42 U.S.C. 7651c.
(4) During the period described in subdivision (3), the total annual fee for affected units at a source that contains at least one (1) affected unit described in subdivision (3) may not exceed fifty thousand dollars ($50,000). Fees paid for the source under the fee structure established in section 3 of this chapter shall be credited toward the amount of the fee that the source is required to pay under this subdivision.
[Pre-1996 Recodification Citation: 13-1-1-26(f).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-7. Fees; Increases and Decreases in Amount

Sec. 7. (a) Except as provided in section 8 of this chapter, this section applies to an increase or a decrease in the fees described in this chapter:
(1) based on the Consumer Price Index (CPI), consistent with 42 U.S.C. 7661a; or
(2) necessary to provide adequate revenue to fund all activities described under section 3 of this chapter.
(b) The increase or decrease shall be made equally and proportionately to all:
(1) minimum fees;
(2) base fees;
(3) maximum fees;
(4) cost of service fees; and
(5) emission based fees;
established as described in this chapter or as revised by the board.
[Pre-1996 Recodification Citation: 13-1-1-26(g).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-8. Fees; Adjustments to Cost of Service

Sec. 8. The requirement for equal and proportionate increases does not apply to adjustments to cost of service based fees that are:
(1) the result of increased activities described under section 3 of this chapter; and
(2) attributable to federal mandates related to particular types or categories of sources.
[Pre-1996 Recodification Citation: 13-1-1-26(h).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-9. Annual Accounting

Sec. 9. The commissioner shall provide the Administrator of the United States Environmental Protection Agency with an annual accounting of:
(1) the receipt of operating permit fees; and
(2) the expenditure of money in the fund under this chapter;
to demonstrate that operating permit fees are used solely to support the operating permit program.
[Pre-1996 Recodification Citation: 13-1-1-26(i).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 8. Title v Operating Permit Program, Trust Fund, and Fees › 13-17-8-10. Failure to Obtain Permit

Sec. 10. (a) This section applies to the issuance or denial of an operating permit under the operating permit program established under 42 U.S.C. 7661 through 7661f.
(b) If:
(1) an applicant has submitted a timely and complete application for a permit required under the operating permit program; and
(2) final action has not been taken on the application;
the applicant's failure to have a permit is not a violation of this article until after final agency action is taken on the permit application.
[Pre-1996 Recodification Citation: 13-7-10-2(g).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 9. Open Burning › 13-17-9-1. Open Burning of Certain Vegetation and Wood Items; No Permit Required

Sec. 1. (a) Subject to section 3 of this chapter, a person may open burn the following for maintenance purposes:
(1) Vegetation from:
(A) a farm;
(B) an orchard;
(C) a nursery;
(D) a tree farm;
(E) a cemetery; or
(F) a drainage ditch.
(2) Vegetation from agricultural land if the open burn occurs in an unincorporated area.
(3) Wood products derived from pruning or clearing a roadside by a county highway department.
(4) Wood products derived from the initial clearing of a public utility right-of-way if the open burn occurs in an unincorporated area.
(5) Undesirable:
(A) wood structures on real property; or
(B) wood remnants of the demolition of a predominantly wooden structure originally located on real property;
located in an unincorporated area.
(b) A person who is allowed to open burn under subsection (a) is not required to obtain:
(1) a permit; or
(2) any other authorization;
from the department, a unit of local government, or a volunteer fire department before conducting the open burning.
[Pre-1996 Recodification Citation: 13-1-1.2-1.]
As added by P.L.1-1996, SEC.7. Amended by P.L.1-1999, SEC.35; P.L.238-2003, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 9. Open Burning › 13-17-9-2. Railroad Maintenance and Repair

Sec. 2. Subject to section 3 of this chapter, a person may open burn clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights-of-way. A person may not open burn railroad ties.
[Pre-1996 Recodification Citation: 13-1-1.2-2.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 9. Open Burning › 13-17-9-3. Conditions of Open Burning

Sec. 3. All open burning that is allowed under this chapter must comply with the following conditions:
(1) A person who open burns any material shall extinguish the fire if the fire creates a nuisance or fire hazard.
(2) Burning may not be conducted during unfavorable meteorological conditions such as high winds, temperature inversions, or air stagnation.
(3) All fires must be attended at all times during burning until completely extinguished.
(4) All asbestos containing materials must be removed before the burning of a structure.
(5) Asbestos containing materials may not be burned.
(6) Except as provided under section 1 of this chapter, all burning must comply with state and federal laws.
[Pre-1996 Recodification Citation: 13-1-1.2-3.]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 10. Incineration of Pcb › 13-17-10-1. Permit and Recommendation of Local Plan Commission

Sec. 1. A person may not incinerate PCB in an incinerator unless the person:
(1) holds a permit issued by the commissioner specifically authorizing the incineration of PCB in the incinerator; and
(2) has received the recommendation of the local plan commission that has jurisdiction over the area in which the incinerator is located and the county executive of the county in which the incinerator is located has approved the incineration of the PCB or, if an appropriate local plan commission does not exist, the county executive of the county in which the incinerator is located has approved the incineration of the PCB.
[Pre-1996 Recodification Citation: 13-7-16.5-9(b).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 10. Incineration of Pcb › 13-17-10-2. Study Required

Sec. 2. The commissioner may not:
(1) issue; or
(2) consider an application for;
a permit specifically authorizing the incineration of PCB until the study required by section 3 of this chapter is concluded.
[Pre-1996 Recodification Citation: 13-7-16.5-9(c).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 10. Incineration of Pcb › 13-17-10-3. Alternative Pcb Technologies; Study

Sec. 3. The department, in cooperation with the United States Environmental Protection Agency, an applicant for a permit issued under this chapter, and a city or town in which an incinerator described under section 1 of this chapter is or will be located, shall conduct a study of alternative PCB technologies. The study must include an assessment of the efficacy and the technical and economic feasibility of the following:
(1) Alternative technologies such as the following:
(A) The application of lime to break down PCB.
(B) The low temperature thermal disorption process.
(C) Disorption and vaporization extraction.
(D) Plasma torch technology.
(E) Bacterial remediation.
(2) Other technologies identified by the commissioner as having possible value in the treatment or disposal of PCB in Indiana.
[Pre-1996 Recodification Citation: 13-7-16.5-9(d).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 10. Incineration of Pcb › 13-17-10-4. Alternative Pcb Technologies; Period for Study; Report

Sec. 4. (a) The study required by section 3 of this chapter must be concluded before January 1, 1996.
(b) At the conclusion of the study the commissioner shall prepare a report setting forth the results of the study. The commissioner shall:
(1) present the report to:
(A) the governor; and
(B) the general assembly; and
(2) make copies of the report available to the public.
[Pre-1996 Recodification Citation: 13-7-16.5-9(e).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 11. Thermal Oxidation Unit Permits › 13-17-11-1. Applicability of Chapter

Sec. 1. This chapter does not apply to a thermal oxidation unit that would be used by a person that:
(1) generates soil contaminated by petroleum or a petroleum byproduct at a site owned or operated by the person; and
(2) remediates the soil at the same site.
[Pre-1996 Recodification Citation: 13-7-10-6(a).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 11. Thermal Oxidation Unit Permits › 13-17-11-2. Issuance of Permits

Sec. 2. The department may not issue a permit for the construction or the operation of a thermal oxidation unit that would be used only to remediate soil contaminated by petroleum or a petroleum byproduct if the thermal oxidation unit would be constructed or operated in a county that:
(1) has a population of:
(A) more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); or
(B) more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000); and
(2) is located in an air quality control area that has been classified as a nonattainment area under the federal Clean Air Act (42 U.S.C. 7401 et seq.);
unless it can be demonstrated that the thermal oxidation unit is in compliance with a state implementation plan submitted under Section 182 of the federal Clean Air Act (42 U.S.C. 7511a).
[Pre-1996 Recodification Citation: 13-7-10-6(b).]
As added by P.L.1-1996, SEC.7. Amended by P.L.170-2002, SEC.87; P.L.119-2012, SEC.111; P.L.104-2022, SEC.82.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 12. Enforcement of Local Air Pollution Ordinances › 13-17-12-1. Adoption and Enforcement of Local Air Pollution Ordinances and Programs

Sec. 1. Air pollution control laws do not prevent towns, cities, or counties from:
(1) enforcing local air pollution ordinances consistent with air pollution control laws; or
(2) adopting or enforcing more restrictive ordinances to further the expressed purposes of air pollution control laws.
[Pre-1996 Recodification Citation: 13-1-1-10(a).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 12. Enforcement of Local Air Pollution Ordinances › 13-17-12-2. Power of County to Adopt and Enforce Air Pollution Ordinances

Sec. 2. (a) For the maintenance of the quality of the air resource, a county may adopt and enforce ordinances controlling air pollution.
(b) In a county not having a consolidated city, the ordinances may not include municipalities with an air pollution ordinance under air pollution control laws.
(c) In a county having a consolidated city, a county air pollution ordinance may apply throughout the entire county, including territory inside the corporate boundaries of excluded cities.
[Pre-1996 Recodification Citation: 13-1-1-10(b).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 12. Enforcement of Local Air Pollution Ordinances › 13-17-12-3. Cooperation of Towns, Cities, or Counties

Sec. 3. A town, city, or county within an air quality basin may administer its air pollution control program in cooperation with one (1) or more towns, cities, or counties of Indiana in accordance with IC 36-1-7. However, a county having a consolidated city is not required to enter into an agreement under IC 36-1-7 to regulate air pollution inside an excluded city in the county.
[Pre-1996 Recodification Citation: 13-1-1-10(c).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 12. Enforcement of Local Air Pollution Ordinances › 13-17-12-4. Annual Reports

Sec. 4. An air pollution control agency shall submit annual reports as requested by the department.
[Pre-1996 Recodification Citation: 13-1-1-10(d).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 12. Enforcement of Local Air Pollution Ordinances › 13-17-12-5. Failure of Air Quality Jurisdiction or Administrator to Enforce Ordinances

Sec. 5. If:
(1) an air quality jurisdiction; or
(2) an administrator of an air quality jurisdiction;
fails to enforce a local ordinance that affords protection to the public equal to that provided by state law, the department may, after consultation with the jurisdiction or administrator, take appropriate action necessary to enforce applicable provisions of state law.
[Pre-1996 Recodification Citation: 13-1-1-10(e).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 12. Enforcement of Local Air Pollution Ordinances › 13-17-12-6. Establishment of Air Permit Program

Sec. 6. A county having a consolidated city may, subject to department approval, establish an air permit program that complies with:
(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);
(2) regulations implementing Title V of the Clean Air Act Amendments of 1990 (40 CFR 70 et seq.); and
(3) rules adopted by the board.
[Pre-1996 Recodification Citation: 13-1-1-10(f).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 13. Enforceable Operating Agreement Program › 13-17-13-1. Rules

Sec. 1. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to establish categories of sources or facilities that may be effectively restricted through specific requirements established by the rules to emit less than the amount of air pollutants for which a Title V air operating permit is required.
[Pre-1996 Recodification Citation: 13-10-4-2(b).]
As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.123.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 13. Enforceable Operating Agreement Program › 13-17-13-2. Establishment; Applicability

Sec. 2. For categories established under section 1 of this chapter, the department shall recommend rules to establish an enforceable operating agreement program. The program established under this section may apply to some or all of the sources or facilities within the categories. Rules adopted under this section must be approved by the United States Environmental Protection Agency.
[Pre-1996 Recodification Citation: 13-10-4-2(c).]
As added by P.L.1-1996, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 13. Enforceable Operating Agreement Program › 13-17-13-3. Repealed

[Pre-1996 Recodification Citation: 13-10-4-2(d).]
As added by P.L.1-1996, SEC.7. Amended by P.L.53-2014, SEC.123. Repealed by P.L.130-2018, SEC.63.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 15. Disposal and Destruction of Confiscated Drugs › 13-17-15-1. "Drug"

Sec. 1. As used in this chapter, "drug" means:
(1) a drug, as defined in IC 16-42-19-2; or
(2) a controlled substance, as defined in IC 35-48-1-9.
As added by P.L.181-2018, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 15. Disposal and Destruction of Confiscated Drugs › 13-17-15-2. "Law Enforcement Agency"

Sec. 2. As used in this chapter, "law enforcement agency" means an agency or department of:
(1) the state;
(2) a political subdivision of the state; or
(3) a tribe;
whose principal function is the apprehension of criminal offenders.
As added by P.L.181-2018, SEC.4. Amended by P.L.64-2022, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 15. Disposal and Destruction of Confiscated Drugs › 13-17-15-3. "Law Enforcement Officer"

Sec. 3. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185(a).
As added by P.L.181-2018, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 15. Disposal and Destruction of Confiscated Drugs › 13-17-15-4. Destruction of Drugs in Certain High Temperature Facilities

Sec. 4. Drugs confiscated or collected as evidence by a law enforcement agency may be disposed of and destroyed in any of the following:
(1) Portland cement manufacturing kilns regulated under 40 CFR 63, Subpart LLL.
(2) Electric arc furnace steelmaking facilities regulated under:
(A) 40 CFR 60, Subpart AAa; or
(B) 40 CFR 63, Subpart YYYYY.
(3) Integrated iron and steel manufacturing furnaces regulated under 40 CFR 63, Subpart FFFFF.
(4) Commercial and industrial solid waste incineration units regulated under 40 CFR 60, Subpart CCCC or DDDD.
(5) Hazardous waste combustion units regulated under 40 CFR 63, Subpart EEE.
(6) Hospital, medical, and infectious waste incinerators regulated under 40 CFR 60, Subpart Ce or Ec.
(7) Institutional boilers and process heaters regulated under 40 CFR 63, Subpart DDDDD.
(8) Small or large municipal waste combustion units regulated under:
(A) 40 CFR 60, Subpart AAAA, BBBB, Ea, Eb, or Cb; or
(B) 40 CFR 62, Subpart JJJ.
As added by P.L.181-2018, SEC.4. Amended by P.L.250-2019, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 17. Air Pollution Control › Chapter 15. Disposal and Destruction of Confiscated Drugs › 13-17-15-6. When Separate Approval Is Not Required

Sec. 6. A unit described in section 4 of this chapter is not required to have a separate approval under IC 13-17-7 if the unit:
(1) is being operated under a valid existing operating permit issued under IC 13-17-7; and
(2) is in compliance with the applicable federal requirements listed in section 4 of this chapter;
when it is used to dispose of and destroy drugs under this chapter.
As added by P.L.181-2018, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 1. Repealed

[Pre-1996 Recodification Citations:
13-18-1-1formerly13-1-3-113-18-1-2formerly13-1-3-2(a) part13-18-1-3formerly13-1-3-2(b) part13-18-1-4formerly13-1-3-2(a) part13-18-1-5formerly13-1-3-2(b) part13-18-1-6formerly13-1-3-2(c)13-18-1-7formerly13-1-3-3(a) part13-18-1-8formerly13-1-3-3(c) part13-18-1-9formerly13-1-3-3(c) part13-18-1-10formerly13-1-3-3(a) part13-18-1-11formerly13-1-3-3(b)13-18-1-12formerly13-1-3-3(d).]
Repealed by P.L.133-2012, SEC.124.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 2. Water Pollution Agency Under Federal Law › 13-18-2-1. Powers; Cooperation With Federal Agencies; Federal Funds; Approval of Projects; Participation in Proceedings; Administration of Permitting Programs

Sec. 1. (a) In carrying out the purposes of IC 13-13-5-1(1), the department may, in addition to any other action that is necessary or appropriate to carry out the purpose of IC 13-13-5-1(1), do the following:
(1) Cooperate with the United States Surgeon General and other agencies of the federal government, other states, interstate agencies, and other interested parties in all matters relating to water pollution, including the development of programs for eliminating or reducing pollution and improving the sanitary condition of waters.
(2) On behalf of Indiana, apply for and receive money made available to the department under the Federal Water Pollution Control Act by any agency of the federal government. However, all money received from any federal agency:
(A) shall be paid into the state treasury; and
(B) shall be expended, under the direction of the department, solely for the purpose for which the grant has been made.
(3) Approve projects for which application for loans or grants under the Federal Water Pollution Control Act is made by:
(A) any political subdivision or other public body created by or under Indiana law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes;
(B) a state agency; or
(C) an interstate agency.
(4) Participate through the department's authorized representatives in proceedings under the Federal Water Pollution Control Act.
(5) Give consent on behalf of Indiana to requests by the Administrator of the Federal Security Agency to the Attorney General of the United States for the bringing of suit for abatement of pollution.
(6) Consent to the joinder as a defendant in a suit for the abatement of pollution of a person who is alleged to be discharging matter contributing to the pollution.
(7) Except for a Class II well (as defined in IC 14-8-2-41) regulated under IC 14:
(A) develop a regulatory program for implementation of; and
(B) seek authority to implement;
the Underground Injection Control program under the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j).
(8) Subject to subsection (b), enter into an agreement with the United States Army Corps of Engineers and the United States Environmental Protection Agency to administer a permitting program under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Administration of a permitting program by the department under an agreement entered into under subsection (a)(8) does not affect the authority of the department of natural resources to regulate activities within the waterways of Indiana under IC 14-26, IC 14-28, or IC 14-29.
[Pre-1996 Recodification Citation: 13-1-4-3.]
As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 2. Water Pollution Agency Under Federal Law › 13-18-2-2. Effect on Other Laws

Sec. 2. This chapter, IC 13-13-5-1(1), and IC 13-13-5-2:
(1) do not amend, alter, or repeal any provision of the water pollution control laws; and
(2) are supplemental to the other provisions of the water pollution control laws.
[Pre-1996 Recodification Citation: 13-1-4-4.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-1. Duties of Board

Sec. 1. The board shall adopt rules for the control and prevention of pollution in waters of Indiana with any substance:
(1) that is deleterious to:
(A) the public health; or
(B) the prosecution of any industry or lawful occupation; or
(2) by which:
(A) any fish life or any beneficial animal or vegetable life may be destroyed; or
(B) the growth or propagation of fish life or beneficial animal or vegetable life is prevented or injuriously affected.
[Pre-1996 Recodification Citation: 13-1-3-4(a) part.]
As added by P.L.1-1996, SEC.8. Amended by P.L.133-2012, SEC.125.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-2.1. Deadline for Department to Complete Antidegradation Review in Certain Circumstances; Extension

Sec. 2.1. (a) If:
(1) a discharge results from an activity for which:
(A) an NPDES permit subject to IC 13-15-4-1(a)(2)(B), IC 13-15-4-1(a)(3)(B), or IC 13-15-4-1(a)(4); or
(B) a modification or renewal of a permit referred to in one (1) of the sections referred to in clause (A);
is sought; and
(2) the permit application or application to modify or renew the permit proposes a new or increased discharge that would result in a significant lowering of water quality as defined in IC 13-18-3-2(l)(1);
the deadline for the department to complete the antidegradation review under 40 CFR 131.12 and 40 CFR Part 132, Appendix E with respect to the discharge is the deadline for the commissioner to approve or deny the NPDES permit application under IC 13-15-4-1.
(b) The commissioner may extend for cause for not more than ninety (90) days the deadline under subsection (a) for the department to complete the antidegradation review.
As added by P.L.78-2009, SEC.16. Amended by P.L.112-2016, SEC.18; P.L.85-2017, SEC.67.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-2.3. Designated Use Change to Cso Wet Weather Category; Long Term Control Plans

Sec. 2.3. (a) This subsection applies if a use attainability analysis is performed and approved to change the designated use of a water body receiving wet weather discharges from combined sewer overflows from the recreational use designation that applied to the waters immediately before the application to the waters of the CSO wet weather subcategory established in section 2.5 of this chapter to that subcategory. Upon implementation of the approved long term control plan, the plan fulfills the water quality goals of the state with respect to wet weather discharges that are a result of overflows from the combined sewer system addressed by the plan.
(b) A long term control plan must meet the requirements of:
(1) Section 402(q) of the federal Clean Water Act (33 U.S.C. 1342(q)); and
(2) 59 FR 18688.
(c) An approved long term control plan shall be incorporated into:
(1) the NPDES permit holder's NPDES permit; or
(2) an order of the commissioner under IC 13-14-2-6.
(d) If a use attainability analysis is performed, the department shall:
(1) review a use attainability analysis submitted under this chapter concurrently with a long term control plan submitted under this chapter; and
(2) use the approved long term control plan to satisfy the requirements of the use attainability analysis.
As added by P.L.140-2000, SEC.18. Amended by P.L.54-2005, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-2.4. Review of Feasibility of Implementing Additional or New Control Alternatives to Attain Water Quality Standards

Sec. 2.4. An NPDES permit holder shall review the feasibility of implementing additional or new control alternatives to attain water quality standards. The NPDES permit holder shall conduct such a review periodically, but not less than every five (5) years after approval of the long term control plan by the department. The NPDES permit holder shall:
(1) document to the department that the long term control plan has been reviewed;
(2) update the long term control plan as necessary;
(3) submit any amendments to the long term control plan to the department for approval; and
(4) implement control alternatives determined to be cost effective and affordable.
Cost effectiveness may be determined, at the option of the NPDES permit holder, by using a knee of the curve analysis in accordance with section 402(q) of the federal Clean Water Act (33 U.S.C. 1342(q)) and 59 FR 18688.
As added by P.L.140-2000, SEC.19. Amended by P.L.1-2001, SEC.17; P.L.54-2005, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-2.6. Permit Schedules of Compliance

Sec. 2.6. (a) Where appropriate, permits shall contain schedules of compliance requiring the permittee to take specific steps to achieve expeditious compliance with applicable standards, limitations, and other requirements.
(b) The schedule of compliance shall require compliance as soon as reasonably possible, but may remain in effect as long as the National Pollutant Discharge Elimination System (NPDES) permit requirements are in effect.
(c) The department shall, at the request of the NPDES permit holder, incorporate in the permit a schedule of compliance for meeting the water quality based requirements associated with combined sewer overflows during the period of development, approval, and implementation of the long term control plan. The schedules of compliance:
(1) may exceed time frames authorized under 327 IAC; and
(2) may not exceed the period specified for implementation in an approved long term control plan.
(d) If the term of a schedule of compliance exceeds the term of an NPDES permit, the department shall continue to implement the schedule of compliance continuously before and during each successive permit term, to the maximum duration as provided in subsection (c). The permit shall specify that the schedule of compliance lasts beyond the term of the permit.
(e) Upon request of the permittee, the department shall modify NPDES permits containing water quality based requirements associated with combined sewer overflows to provide schedules of compliance as provided in subsection (c).
(f) The board shall adopt rules under IC 13-14-8 and IC 13-14-9 to implement this section before October 1, 2006.
As added by P.L.54-2005, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-3. Repealed

[Pre-1996 Recodification Citation: 13-1-3-4(b).]
As added by P.L.1-1996, SEC.8. Repealed by P.L.133-2012, SEC.126.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-4. Orders; Review by Environmental Law Judge

Sec. 4. (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: 13-1-3-4(c).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-5. Additional Duties

Sec. 5. The board shall carry out other duties imposed by law.
[Pre-1996 Recodification Citation: 13-1-3-4(d).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-6. Enforcement

Sec. 6. The water pollution control laws may be enforced under IC 13-30-3 or IC 13-14-2-6.
[Pre-1996 Recodification Citation: 13-1-3-5(a).]
As added by P.L.1-1996, SEC.8.