reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-11 - Environmental management system

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 11.
(a) An
				approved EMS must be implemented by the entity before acceptance of an entity
				into ESP.
(b) An EMS that meets the
				criteria for ESP must, at a minimum, include the following:
(1) Evidence of senior management support,
				commitment, and approval provided through management review of records,
				employee interviews, or signatory reference to the applicant's environmental
				policy.
(2) A written environmental
				policy directed toward the following:
(A)
				Compliance.
(B) Pollution
				prevention.
(C) Continuous
				improvement.
(3)
				Identification of the environmental aspects at the entity.
(4) Prioritization of the environmental
				aspects and a determination of those aspects deemed significant by the entity
				considering, at the minimum, environmental impacts and applicable laws, rules,
				and regulations.
(5) Established
				priorities and environmental objectives and targets for the following:
(A) Continuous improvement in environmental
				performance.
(B) Ensuring
				compliance with applicable environmental laws, rules, regulations, and permit
				conditions.
(6) An
				established community outreach mechanism that includes the following:
(A) Identifying and responding to community
				concerns.
(B) Informing the
				community of important matters that affect the community.
(C) Reporting on the EMS, including, at a
				minimum, reporting to the public on the environmental policy and significant
				aspects.
(D) Through the annual
				summary, reporting on the environmental improvement initiatives, including
				progress toward the most recent environmental improvement initiatives
				identified in the application or annual summary.
(7) Incorporation of environmental and
				pollution prevention planning in the development of new products, processes,
				and services and modifications of existing processes.
(8) Evidence of clear responsibility by the
				entity for the following:
(A) Implementation,
				training, monitoring, EMS maintenance, and taking corrective action.
(B) Ensuring compliance with applicable
				environmental laws, regulations, and permit conditions.
(9) Documentation of the implementation
				procedures and the results of implementation.
(10) Appropriately written EMS procedures to
				include documented plans, records, and procedures as needed for successful
				implementation of an EMS as defined in section 2(8) of this rule.
(11) An annual evaluation of the EMS with
				written results provided to senior management and affected
				employees.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-12 - Continuous environmental improvement

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 12.
(a) In
				coordination with the department, a member of senior management shall identify
				continuous environmental improvement initiatives for the appropriate program,
				as follows:
(1) For ESP, a member of senior
				management shall identify four (4) continuous environmental improvement
				initiatives for each membership term. One (1) initiative shall be identified at
				the time of the initial or renewal application and the remaining initiatives
				shall be identified each year at the time the annual summary is submitted to
				the department.
(2) For CLEAN, a
				member of senior management shall identify four (4) continuous environmental
				improvement initiatives for the four (4) year membership
				term.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-13 - Annual summary for ESP members

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 13.
(a) Entities
				accepted into ESP shall submit an annual summary on a form provided by the
				department or an equivalent form documenting the following:
(1) Progress toward the objectives and
				targets identified for the environmental improvement initiative for that
				year.
(2) Results obtained from
				achieving the environmental improvement initiative objectives and targets, if
				applicable.
(3) An annual review of
				the EMS by the entity.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 1 - Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 1-14 - Annual summary for CLEAN members

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-17-3-4; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 14.
(a) Entities
				accepted into CLEAN shall submit an annual summary on a form provided by the
				department or an equivalent form documenting the following:
(1) Progress toward the objectives and
				targets identified for the four (4) environmental improvement
				initiatives.
(2) Results obtained
				from achieving the environmental improvement initiative objectives and targets,
				if applicable.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 2 - Regulatory Flexibility for the Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 2-1.5 - Inspection advance notification

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 1.5.
A member of ESP or CLEAN in good standing may request to be
				  given twenty-four (24) hours advance notification of representatives of the
				  commissioner arriving at the member's facility to conduct a routine inspection
				  for a program under the commissioner's responsibility. No notice will be given
				  for emergency or complaint-based inspections.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 2 - Regulatory Flexibility for the Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 2-3 - Monthly compliance methods for volatile organic compound

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12
Affected: IC 13-15-3-2; IC 13-17
Sec. 3.
(a)
				Notwithstanding 326 IAC 8-1-2(a)(7), the emission limitations specified in 326
				IAC 8 can be achieved through monthly volume-weighted averaging of all coatings
				applied in a coating line or printing line subject to the requirements in 326
				IAC 8-2 or 326 IAC 8-5-5.
(b)
				Sufficient records must be maintained to demonstrate compliance with the
				applicable emission limitation on a monthly average basis. The records must be
				made available to the department upon request.
(c) Records of monthly VOC emissions shall be
				maintained in:
(1) pounds per month;
				or
(2) tons per month.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 25 - VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS › Rule 2 - Regulatory Flexibility for the Environmental Stewardship Program and Comprehensive Local Environmental Action Network Community Challenge Program › Section 2-4 - Pollution prevention projects

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12
Affected: IC 13-15-3-2; IC 13-17
Sec. 4.
Notwithstanding 326 IAC 2-6.1-6(i)(1)(J) and 326 IAC
				  2-8-11.1(f)(1)(J), any pollution prevention project, as defined in 326 IAC
				  2-1.1-1(14), that would otherwise be subject to significant permit revision
				  procedures, and that does not result in a net increase in potential emissions
				  of more than the significance levels in 326 IAC 2-2-1(xx), may be processed as
				  a minor permit revision as follows:
(1) For minor state operating permits, under
				326 IAC 2-6.1-6(h).
(2) For
				federally enforceable operating permits, under 326 IAC 2-8-11.1(e).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 1.
This rule applies to BART-eligible sources in Indiana as
				  defined in 40 CFR 51.301 * and as determined in accordance with 40 CFR 51,
				  Appendix Y, "Guidelines for BART Determinations Under the Regional Haze Rule*".
*This document is incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Department of Environmental Management, Office of Air Quality, Indiana
				  Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis,
				  Indiana 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-2 - Incorporation by reference

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 2.
The air pollution control board incorporates by reference the
				  following:
(1) 40 CFR 51, Appendix Y,
				"Guidelines for BART Determinations Under the Regional Haze Rule*".
(2) 40 CFR 51.301 *, "Definitions".
(3) 40 CFR 51.308(e) *, "Best Available
				Retrofit Technology (BART) requirements for regional haze visibility
				impairment".
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Department of Environmental Management, Office of Air Quality, Indiana
				  Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis,
				  Indiana 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-3 - Notification

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 3.
(a) By the
				effective date of this rule, the department shall provide a written
				notification to the owner or operator of each BART-eligible source that
				identifies each BART-eligible emissions unit evaluated by the
				department.
(b) If the owner or
				operator of a BART-eligible source does not receive a notification, the owner
				or operator of the BART-eligible source shall submit written notification to
				the department of all BART-eligible emissions units within three (3) months of
				the effective date of this rule. The notification shall include the following
				information:
(1) Complete source
				identification and contact information.
(2) A list of all BART-eligible emissions
				units at the source.
(3) A
				description of each BART-eligible emissions unit including applicable:
(A) processes;
(B) potential emissions; and
(C) emissions unit and emission point
				characteristics.
(4) The
				date construction commenced and the date of start-up of each BART-eligible
				emissions unit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-4 - Determination of sources subject to BART

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 4.
(a) The
				department shall determine if a BART-eligible source is subject to BART based
				upon all of the following criteria:
(1) The
				source meets the definition of BART-eligible source in 40 CFR 51.301
				*.
(2) Modeling conducted in
				accordance with option 1 of the individual source attribution approach as
				described in 40 CFR 51, Appendix Y*.
(3) The impact on visibility in a Class 1
				area as determined by a comparison of the ninety-eighth percentile of the
				source specific modeling to a 0.5 deciview threshold level. A source causes or
				contributes to visibility impairment at a Class 1 area when the modeled impacts
				of that source are equivalent to eight (8) or more days in one (1) year or a
				total of twenty-two (22) or more days in a three (3) year period that would
				exceed the 0.5 deciview threshold level.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-5 - Cross-State Air Pollution Rule (CSAPR) participation by electric generating units

Current through July 10, 2024
Authority: IC
				  4-22-2-21;
				  IC 13-14-8; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC
				  4-22-9-5;
				  IC 13-15; IC 13-17
Sec. 5.
Participation by electric generating units in the Cross-State
				  Air Pollution Rule (CSAPR) trading programs under 326 IAC 24 or 40 CFR 97
				  satisfies the sulfur dioxide (SO2) and oxides of
				  nitrogen (NOx) requirements of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-6 - BART analysis

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 6.
(a) The owner
				or operator of a source determined to be subject to BART shall submit one (1)
				of the following:
(1) A BART analysis to the
				department within two hundred seventy (270) days of the latter of either the:
(A) date of the written notification from the
				department that the source is subject to BART; or
(B) effective date of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-7 - Alternative to BART

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 7.
(a) The
				department may approve an alternative to the installation of BART that complies
				with the following:
(1) 40 CFR 51, Appendix Y,
				"Guidelines for BART Determinations Under the Regional Haze Rule*".
(2) 40 CFR 51.308(e) *, "Best Available
				Retrofit Technology (BART) requirements for regional haze visibility
				impairment".
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 1 - Best Available Retrofit Technology › Section 1-8 - Part 70 permit modifications

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 8.
(a) Within
				five (5) years of the effective date of this rule, the Part 70 permit of a
				source subject to BART that is required to submit a BART analysis shall be
				reopened and modified in accordance with 326 IAC 2-7-9 to reflect all approved
				BART requirements or alternatives to the BART requirements to include the
				following:
(1) Enforceable emission limits, if
				applicable.
(2) Design, equipment,
				work practice, operation standard, or combination of these types of standards,
				if applicable.
(3) Compliance
				schedules that require compliance with the requirements in subdivisions (1) and
				(2) within five (5) years of the effective date of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 2 - Best Available Retrofit Technology Emission Limitations › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) This rule
				applies to a BART-eligible source determined to be subject to BART under 326
				IAC 26-1-4.
(b) Alcoa in Warrick
				County is determined to be subject to BART and is required to meet the emission
				limitations and other requirements as specified in section 2 of this rule not
				later than February 22, 2013.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 26 - REGIONAL HAZE › Rule 2 - Best Available Retrofit Technology Emission Limitations › Section 2-2 - Alcoa emission limitations and compliance methods

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 2.
Alcoa Power Generating Inc. - Warrick Power Plant, Source
				  Identification Number 00002, and Alcoa, Inc. - Warrick Operations, Source
				  Identification Number 00007, shall comply with the emission limitations and
				  compliance methods as follows:
(1)
				Boiler 1 at Alcoa Power Generating Inc. - Warrick Power Plant shall be in
				compliance with the following requirements:
(A) PM (filterable) as follows:
(i) The emission limitation is
				three-hundredths (0.03) pounds per million British thermal units (lb/MMBtu) on
				a twenty-four (24) hour daily average.
(ii) The compliance method is a continuous
				emissions monitoring system (CEMS) at the scrubber outlet in accordance with 40
				CFR 60, Appendix B, Performance Specification 11 (PS-11)*.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 1 - Provisions Applicable Throughout Title 327 › Section 1-1 - References to federal Act

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-18-3-2
Affected: IC 13-14-8
Sec. 1.
References in this title to the Clean Water Act (CWA) mean
				  the federal Water Pollution Control Act.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 1 - Provisions Applicable Throughout Title 327 › Section 1-2 - References to the Code of Federal Regulations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC
				  13-18-3-2
Affected: IC 13-14-8
Sec. 2.
Unless otherwise indicated, any reference to a provision of
				  the Code of Federal Regulations (CFR) means the July 1, 2016,
				  edition.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 1 - Provisions Applicable Throughout Title 327 › Section 1-3 - Severability

Current through July 10, 2024
Authority: IC
				  13-14-9; IC
				  13-18-3-2
Affected: IC
				  13-14-8
Sec. 3.
If any provision of this title or the application thereof to
				  any person or circumstance is held invalid, the invalidity shall not affect any
				  other provisions or applications of this title that can be given effect without
				  the invalid provision or application.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-1 - Applicability of rule

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 1.
The water quality standards established by this rule shall
				  apply to all waters of the state except waters of the state within the Great
				  Lakes system regulated under 327 IAC 2-1.5.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-1.5 - Water quality goals

Current through July 10, 2024
Authority: IC 13-1-3-7; IC 13-7-1-1; IC 13-7-7-5
Affected: IC 13-7-4-1
Sec. 1.5.
The goal of the state is to restore and maintain the
				  chemical, physical, and biological integrity of the waters of the state. In
				  furtherance of this primary goal:
(1)
				it is the public policy of the state that the discharge of toxic substances in
				toxic amounts be prohibited; and
(2) it is the public policy of the state that
				the discharge of persistent and bioconcentrating toxic substances be reduced or
				eliminated.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-3 - Surface water use designations; multiple uses

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 3.
(a) The
				following water uses are designated by the environmental rules board:
(1) Except as provided in subsection (c),
				surface waters of the state are designated for full body contact recreation as
				provided in section 6(d) of this rule.
(2) All waters, except as described in
				subdivision (5), will be capable of supporting:
(A) a well-balanced, warm water aquatic
				community; and
(B) where natural
				temperatures will permit, put-and-take trout fishing.
All waters capable of supporting the natural reproduction of
				  trout as of February 17, 1977, shall be so maintained.
(3) All waters that are used for
				public or industrial water supply must meet the standards for those uses at the
				points where the water is withdrawn. This use designation and its corresponding
				water quality standards are not to be construed as imposing a user restriction
				on those exercising or desiring to exercise the use.
(4) All waters that are used for agricultural
				purposes must, as a minimum, meet the standards established in section 6(a) of
				this rule.
(5) All waters in which
				naturally poor physical characteristics (including lack of sufficient flow),
				naturally poor chemical quality, or irreversible man-induced conditions, which
				came into existence before January 1, 1983, and having been established by use
				attainability analysis, public comment period, and hearing:
(A) may qualify to be classified for limited
				use; and
(B) must be evaluated for
				restoration and upgrading at each triennial review of this rule. Specific
				waters of the state designated for limited use are listed in section 11(a) of
				this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-3.1 - CSO wet weather limited use designation

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3-2.5
Affected: IC 13-14-2-6; IC 13-14-9-14; IC 13-18-4
Sec. 3.1.
(a) The
				combined sewer overflow (CSO) wet weather limited use subcategory established
				under section 3 of this rule applies only to waters receiving wet weather
				discharges from combined sewer overflows that are listed in 327 IAC
				2-1.1.
(b) To receive consideration
				for the CSO wet weather limited use subcategory designation, a CSO community
				must do the following:
(1) Perform a use
				attainability analysis (UAA) to change the recreational designated use of the
				waterbody or waterbodies receiving the wet weather discharges from combined
				sewer overflows.
(2) Submit the UAA
				to the department for approval.
(3)
				Submit a long term control plan (LTCP) consistent with the application of the
				CSO wet weather limited use subcategory to the department for
				approval.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-4 - Mixing zone guidelines

Current through July 10, 2024
Authority: IC 13-1-3-7; IC 13-7-7-5
Affected: IC 13-1-3-7; IC 13-7-7-5
Sec. 4.
(a) All
				surface water quality standards in this rule, except those provided in section
				6(a)(1) of this rule, are to be applied at a point outside of the mixing zone
				to allow for a reasonable admixture of waste effluents with the receiving
				waters.
(b) Due to varying
				physical, chemical, and biological conditions, no universal mixing zone may be
				prescribed. The commissioner shall determine the mixing zone upon application
				by the discharger. The applicability of the guideline set forth in subsection
				(c) will be on a case-by-case basis and any application to the commissioner
				shall contain the following information:
(1)
				The dilution ratio.
(2) The
				physical, chemical, and biological characteristics of the receiving body of
				water.
(3) The physical, chemical,
				and biological characteristics of the waste effluent.
(4) The present and anticipated uses of the
				receiving body of water.
(5) The
				measured or anticipated effect of the discharge on the quality of the receiving
				body of water.
(6) The existence of
				and impact upon any spawning or nursery areas of any indigenous aquatic
				species.
(7) Any obstruction of
				migratory routes of any indigenous aquatic species.
(8) The synergistic effects of overlapping
				mixing zones or the aggregate effects of adjacent mixing zones.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-5 - Exception to quality standards applicability

Current through July 10, 2024
Authority: IC 13-14-9; IC 13-18-3-2
Affected: IC 13-14-8
Sec. 5.
All surface water quality standards in section 6 of this
				  rule, except those provided in section 6(a)(1) of this rule, will cease to be
				  applicable when the stream flows are less than the average minimum seven (7)
				  consecutive day low flow that occurs once in ten (10) years. This determination
				  will be made using Low-Flow Characteristics of Indiana Streams, 1996, United
				  States Department of the Interior, Geological Survey, or any additional
				  information compiled on a comparable basis.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-6 - Minimum surface water quality criteria

Current through July 10, 2024
Authority: IC 13-14-8-2; IC 13-14-8-3; IC 13-18-4-3
Affected: IC 13-11-2-258; IC 13-18-4; IC 13-30-2-1; IC
				  14-22-9
Sec. 6.
(a) The
				following are minimum surface water quality conditions:
(1) All surface waters, including waters
				within a mixing zone, must be free from substances, materials, floating debris,
				oil, or scum attributable to municipal, industrial, agricultural, and other
				land use practices, or other discharges that do any of the following:
(A) Settle to form putrescent or otherwise
				objectionable deposits.
(B) Occur
				in amounts sufficient to be unsightly or deleterious.
(C) Produce:
(i) color;
(ii) visible oil sheen;
(iii) odor; or
(iv) other conditions;
to an extent that creates a nuisance.
(D) Occur in concentrations or
				combinations that will cause or contribute to the growth of aquatic plants or
				algae to a degree as to:
(i) create a
				nuisance;
(ii) be unsightly;
				or
(iii) otherwise impair the
				designated uses of the surface waters.
(E) Occur in amounts sufficient to be acutely
				toxic to, or to otherwise severely injure or kill, aquatic life, other animals,
				plants, or humans. To ensure protection of aquatic life, concentrations of
				toxic substances must not exceed the final acute value (FAV = 2 (AAC)) in the
				undiluted discharge or the acute aquatic criterion (AAC) outside the zone of
				initial dilution or, if applicable, the zone of discharge-induced mixing. The
				following apply where applicable:
(i) For
				certain substances, an AAC is specified in:
(AA) subdivision (3), Table 6-1, which
				incorporates subdivision (5), Table 6-2; and
(BB) subdivision (6).
(ii) An AAC may be calculated by the
				commissioner using the procedures in section 8.2 of this rule for substances
				for which an AAC is not specified in:
(AA)
				subdivision (3), Table 6-1, which incorporates subdivision (5), Table 6-2;
				or
(BB) subdivision (6).
(iii) The AAC determined under
				item (i) or (ii) may be modified on a site-specific basis to reflect local
				conditions in accordance with section 8.9 of this rule.
(F) Clause (E) does not apply to the chemical
				control of plants and animals when that control is performed in compliance with
				approval conditions specified by the Indiana department of natural resources as
				provided by IC 14-22-9.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-8 - Methods of analysis

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 8.
The analytical procedures used as methods of analysis to
				  determine the chemical, bacteriological, biological, and radiological quality
				  of waters sampled must be completed in accordance with
				  40 CFR
				  136 * or methods approved by the
				  commissioner.
*This document is incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-8.1 - Calculation of criteria for toxic substances; general

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 8.1.
(a) Water
				quality standards for the state of Indiana indicate that all surface waters at
				all times and at all places, including the mixing zone, shall be free of
				substances or combinations of substances that are in amounts sufficient to be
				acutely toxic to humans, other animals, plants, or aquatic life. Toxic
				substances include, but are not limited to, those substances identified under
				Section 307(a) of the Clean Water Act. The allowable concentration of a toxic
				substance in surface water shall be determined for that substance by the
				procedures in sections 8.2 through 8.9 of this rule.
(b) The use of dissolved metal to set and
				measure compliance with water quality standards for aquatic life is the
				recommended approach because dissolved metal more closely approximates the
				bioavailable fraction of metal in the water column than does total recoverable
				metal. Reasons for the consideration of total recoverable metals criteria
				include risk management considerations not covered by evaluation of water
				column toxicity. The commissioner may, after considering sediment and food
				chain effects for a particular metal, decide to take a more conservative
				approach for the metal. This approach could include the expression of aquatic
				life criteria for the metal in the form of total recoverable metal. If the
				commissioner determines that it is appropriate to express aquatic life criteria
				for a particular metal in the form of dissolved metal, the criteria shall be
				determined as follows:
(1) If sufficient
				toxicological data in the form of dissolved metal are available, these data
				shall be used in sections 8.2, 8.3, and 8.9 of this rule to derive aquatic life
				criteria directly in the form of dissolved metal.
(2) If sufficient toxicological data in the
				form of dissolved metal are not available, aquatic life criteria shall be
				derived in the form of total recoverable metal using the procedures in sections
				8.2, 8.3, and 8.9 of this rule and then multiplied by criteria conversion
				factors approved by the commissioner to express the criteria in the form of
				dissolved metal.
(3) If sufficient
				toxicological data in the form of dissolved metal are not available and
				criteria conversion factors for the particular metal have not been approved by
				the commissioner, aquatic life criteria shall be derived in the form of total
				recoverable metal using the procedures in sections 8.2, 8.3, and 8.9 of this
				rule and expressed in the form of total recoverable metal.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-8.3 - Determination of chronic aquatic criteria (CAC)

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 8.3.
In order to ensure that the concentration of a substance or
				  combination of substances does not produce chronic effects on aquatic
				  organisms, a chronic aquatic criterion (CAC) will be determined by one (1) of
				  the following methods:
(1) The
				following for Method 1:
(A) If no CAC is
				given for the substance in section 6(a)(3), Table 6-1 of this rule, section
				6(a)(3), Table 6-2 of this rule, or section 6(a)(5) of this rule, a CAC can be
				calculated using the procedures in this subdivision.
(B) The CAC is derived in the same manner as
				the FAV in section 8.2(1) of this rule by substituting CAC for FAV, chronic for
				acute, MATC (maximum acceptable toxicant concentration) for
				LC50, SMCV (species mean chronic value) for SMAV, and
				GMCV (genus mean chronic value) for GMAV.
(C) If chronic toxicity data are not
				available for at least five (5) North American freshwater genera meeting the
				requirements in section 8.2(1)(B) of this rule, go to subdivision
				(2).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-8.4 - Determination of the terrestrial life cycle safe concentration (TLSC)

Current through July 10, 2024
Authority: IC 13-1-3-7; IC 13-7-7-5
Affected: IC 13-1-3-7; IC 13-7-7-5
Sec. 8.4.
The concentration to protect wildlife is the terrestrial life
				  cycle safe concentration (TLSC). The minimum toxicity data requirement for
				  derivation of a TLSC shall consist of an acute oral LD50
				  for rats. When mammalian and avian toxicity data are available, a TLSC shall be
				  calculated for both groups. The final TLSC is the lowest of the two (2) values.
				  The TLSC shall be derived by one (1) of the following methods, depending on the
				  type and quality of the toxicity data base:
(1) If a chronic, subchronic, or subacute no
				observable adverse effect level (NOAEL) from mammalian or avian species exposed
				to toxicant contaminated water is available:
Click here
				  to view
Where: U = uncertainty factor (U = 10-100 depending on
				  quality of study)
(2) If a
				chronic, subchronic, or subacute NOAEL from mammalian or avian species exposed
				to toxicant contaminated feed is available:
Click here
				  to view
Where: C = weight of feed consumed daily expressed as a
				  fraction of test animal's body weight
Wa = weight of test animal (kg)
Vw = volume of water consumed daily by
				  the test animal
(3) If a
				chronic, subchronic, or subacute NOAEL from mammalian or avian species exposed
				to toxicant by gavage is available:
Click here
				  to view
Where: Fw = fraction of days dosed per week
(4) If an oral rat
				LD50 is available:
Click here
				  to view
Where: M = one ten-thousandth (0.0001), acute to chronic
				  application factor
(5)
				TLSCs are best derived from data involving oral exposure. However, if available
				oral data are insufficient, it may be useful to use data from other exposure
				routes. Use of such data will depend on the specific pharmacokinetic and
				toxicological properties of each chemical.
(6) If an acceptable NOAEL is lacking, the
				lowest observable adverse effect level (LOAEL) may be substituted in some cases
				for NOAEL, with an additional uncertainty factor of one (1) to ten
				(10).
(7) On the basis of available
				information, the TLSC is evaluated as to whether it is consistent with sound
				scientific judgment. If not, the commissioner will direct the evaluation of
				appropriate modifications of these procedures.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-8.7 - Determination of bioconcentration factor

Current through July 10, 2024
Authority: IC 13-1-3-7; IC 13-7-7-5
Affected: IC 13-1-3-7; IC 13-7-7-5
Sec. 8.7.
The final bioconcentration factor
				  (BCFf) standardized to reflect the value for fresh fish
				  tissue having a lipid content of nine and six-tenths percent (9.6%) shall be
				  determined as follows in order of preference:
(1) Measured, steady-state bioconcentration
				factors from standardized laboratory tests shall be recorded as
				BCFm. If more than a single value is available, the
				BCFm shall be equal to the geometric mean of the
				reported values.
(2) If
				bioconcentration factors are available from other laboratory tests, the
				BCFm will be the projected steady-state BCF as
				extrapolated from the test data.
(3) If measured bioconcentration factors
				(BCFm) are not available from laboratory studies, a
				calculated bioconcentration factor (BCFc) will be
				determined by the following equation:
log BCFc = 0.847 log Kow -
				  0.628
(A) If a measured Kow is not
				available for the chemical of interest the Kow may be calculated according to
				standard references and used in the regression equation in this
				subdivision.
(B) If a Kow cannot be
				calculated, BCFc may be estimated on a case-by-case
				basis using other regression equations or correlations as
				appropriate.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-8.8 - Variances from water quality standards; conditions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-3
Affected: IC 4-22-2; IC 13-14-8-8; IC 13-14-8-10; IC
				  13-18-4
Sec. 8.8.
(a) A
				permit applicant or permittee may apply to the commissioner for a variance from
				the water quality standard used to derive a water quality-based effluent
				limitation (WQBEL) contained in a NPDES permit for a specific substance. The
				application for such a variance shall be submitted in accordance with the
				requirements specified in
				327
				IAC 5-3-4.1.
(b) The commissioner may approve all or part
				of a requested variance, or modify and approve a requested variance, if the
				permit applicant demonstrates that implementing a proposed methodology, which
				includes any production process(es), wastewater treatment technology, or
				combination thereof used to reduce pollutants discharged in the wastewater from
				a facility, as identified pursuant to
				327
				IAC 5-3-4.1(b)(2)(A), will cause an
				undue hardship or burden upon the applicant.
(c) In making a determination on a variance
				application, the commissioner shall balance the environmental impact likely to
				result if the variance is granted against the hardship or burden upon the
				applicant if the variance is not granted. In balancing these factors, the
				commissioner shall consider the following to determine if the hardship or
				burden upon the applicant is undue:
(1) The
				cost and cost effectiveness of pollutant removal by implementing the
				methodologies proposed by the applicant and the methodology capable of
				attaining the WQBEL.
(2) The
				reduction in concentrations and loadings of pollutants attainable by the
				methodologies proposed by the applicant as compared with the reduction
				attainable by use of the methodology capable of attaining the WQBEL.
(3) The impact of the proposed methodologies
				and the methodology capable of attaining the WQBEL on the price of the goods or
				services provided by the applicant.
(4) Information on the relative price of
				goods or services in the same market as the applicant.
(5) The overall impact of attaining the WQBEL
				and implementing the proposed methodologies on employment at the
				facility.
(6) Information on the
				type and magnitude of adverse or beneficial environmental impacts, including
				the net impact on the receiving water, resulting from the proposed
				methodologies that could be applied to the control of the substance for which a
				variance is applied.
(7) Other
				relevant information requested by the commissioner or supplied by the applicant
				or the public.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-8.9 - Site-specific modifications to criteria

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-15-4-1; IC 13-18-4
Sec. 8.9.
(a)
				Site-specific modifications to criteria must be protective of designated uses
				and aquatic life or human health. In addition, any site-specific modifications
				that result in less stringent criteria must be based on a sound scientific
				rationale and shall not be likely to jeopardize the continued existence of
				endangered or threatened species listed or proposed under Section 4 of the
				Endangered Species Act (ESA) or result in the destruction or adverse
				modification of the species' critical habitats. More stringent modifications
				shall be developed to protect endangered or threatened species listed or
				proposed under Section 4 of the ESA, where the modifications are necessary to
				ensure that water quality is not likely to jeopardize the continued existence
				of the species or result in the destruction or adverse modification of the
				species' critical habitats. More stringent modifications may also be developed
				to protect candidate (C1) species being considered by the U.S. Fish and
				Wildlife Service (FWS) for listing under Section 4 of the ESA, where the
				modifications are necessary to protect the species. Criteria may be modified on
				a site-specific basis to reflect local environmental conditions as restricted
				by the following provisions:
(1) Aquatic life
				criteria may be modified on a site-specific basis as follows:
(A) To provide an additional level of
				protection.
(B) Less stringent
				site-specific modifications to chronic or acute aquatic life criteria may be
				developed when either of the following conditions applies:
(i) The local water quality characteristics,
				such as pH, hardness, temperature, or color, alter the biological availability
				or toxicity of a pollutant.
(ii)
				The sensitivity of the aquatic organisms species that occur at the site differs
				from the species actually tested in developing the criteria.
(C) Less stringent modifications
				may also be developed to acute and chronic aquatic life criteria to reflect
				local physical and hydrological conditions.
(D) Any modifications to protect threatened
				or endangered aquatic species required by this subsection may be accomplished
				using either of the following procedures:
(i)
				If the species mean acute value (SMAV) for a listed or proposed species or for
				a surrogate of the species is lower than the calculated final acute value
				(FAV), the lower SMAV may be used instead of the calculated FAV in developing
				site-specific modified criteria.
(ii) The site-specific criteria may be
				calculated using the recalculation procedure for site-specific modifications
				under section 13 of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-10 - Proposals for limited use designation or outstanding state resource water classification

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-3-2; IC 13-18-4
Sec. 10.
(a) Except
				as provided in subsection (c), a person who wishes to propose that a particular
				body of the waters of the state be considered by the commissioner for limited
				use designation must submit to the commissioner a written proposal identifying
				the waterbody, stating the rationale for the proposal, and including any other
				supporting documentation. After receiving the commissioner's recommendation on
				a proposal, if the board determines that a waterbody is appropriate for
				redesignation for limited use it will direct the commissioner to initiate a
				rulemaking to include the waterbody as a limited use water under section 11(a)
				of this rule.
(b) The commissioner
				will consider the factors listed in subdivisions (1) and (2) in making
				recommendations to the board with regard to proposals for the redesignation of
				a waterbody for limited use. These factors are listed as guidelines to provide
				some insight into the way the commissioner's recommendations may be made but
				are not intended to be all encompassing. The commissioner's recommendations
				generally will be case-by-case determinations based on professional judgment
				after on-site evaluations. The commissioner will consider factors relating to
				the following:
(1) Limited use designations
				such as any of the following:
(A) The
				waterway has a Q(7),(10) low flow upstream of any existing or proposed
				discharge of one-tenth (0.1) cubic feet per second or less.
(B) Suitable habitat to support a
				well-balanced fish community is severely limited or absent.
(C) The waterway is affected by irreversible
				conditions, natural or man-induced, that:
(i)
				came into existence before January 1, 1983;
(ii) are not practicably controllable;
				and
(iii) prevent establishment of
				a well-balanced fish community.
(D) The waterbody has no unique or
				exceptional features.
(E) Potential
				or existing uses made of the waterbody by people in the immediate area would
				not be adversely affected by a limited use designation.