reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-4 - "Contractor" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-14-11
Sec. 4.
"Contractor" means:
(1) any:
(A)
				person;
(B) association;
(C) partnership;
(D) corporation;
(E) business;
(F) educational institution;
(G) governmental body; or
(H) other entity; performing work under
				contract as an authorized representative of the department;
				and
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-5 - "Department" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-11-2-51;
				  IC 13-14-11
Sec. 5.
"Department" means the department of environmental
				  management.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-6 - "Information" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 6.
"Information" means any of the following, regardless of
				  physical form or characteristics, without limitation:
(1) Written or printed material.
(2) Data processing card decks, printouts,
				and tapes.
(3) Maps.
(4) Charts.
(5) Paintings.
(6) Photographs.
(7) Drawings.
(8) Engravings.
(9) Sketches.
(10) Samples.
(11) Working notes and papers.
(12) Reproductions of such things by any
				means or process.
(13) Sound,
				voice, or electronic recordings in any form, in the possession of the
				department by which knowledge has been preserved and may be
				retrieved.
(14) Any other
				material.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-7 - "Person" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-11-2-158;
				  IC 13-14-11
Sec. 7.
"Person" has the meaning set forth in IC
				  13-11-2-158(a).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-8 - "Public record" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3-2
Sec. 8.
"Public record" has the meaning set forth in IC
				  5-14-3-2.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-9 - "Trade secret" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-14-11; IC
				  24-2-3-2
Sec. 9.
"Trade secret" has the meaning set forth in IC
				  24-2-3-2.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 3 - Access to Public Records › Section 3-1 - Access to public records

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 1.
(a) The
				provisions of IC
				5-14-3 apply to all public records.
				All information received by the department is considered a public
				record.
(b) Public records are
				available to the public, except for any of the following public records:
(1) Received under or supporting a claim of
				confidentiality.
(2) Under review
				or appeal to determine if confidential under IC
				5-14-3-4(a)
				 or IC
				5-14-3-4(b).
(3) The commissioner has determined to be
				confidential under IC
				5-14-3-4(a)
				 or IC
				5-14-3-4(b).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 4 - Confidentiality Claims › Section 4-1 - Confidentiality claims

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3-1
Affected: IC 5-14-3; IC 13-14-11; IC 24-2-3-2
Sec. 1.
(a) A person
				submitting information to the department for which confidential treatment is
				requested shall make a written claim of confidentiality under subsections (c)
				and (d) at the time of submittal of the information.
(b) A person may request confidential
				treatment of information at the time the information is acquired through the
				actions of the department, such as inspections. The written claim for
				confidential treatment may be broad, but must be sufficiently clear to allow
				for accurate identification of the information claimed to be confidential. The
				supporting information required under subsection (d) must be submitted to the
				commissioner within five (5) working days from the time the information claimed
				as confidentiality is acquired by the department.
(c) A person submitting a claim of
				confidentiality shall designate and segregate the information and the
				supporting information to which the claim applies in a manner that is
				sufficiently clear to allow the department to identify all confidential claim
				materials. One (1) of the following methods shall be used to indicate that the
				information and any of the supporting information under subsection (d) is
				claimed as confidential:
(1) Attaching a cover
				sheet instructing which information is to be treated as confidential.
(2) Marking each page or item of information
				as:
(A) confidential;
(B) confidential claim material;
(C) trade secrets; or
(D) confidential business
				information.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-1 - Determinations

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 1.
The commissioner shall make a determination on a claim of
				  confidentiality submitted after the effective date of this article in
				  accordance with this article. The determination shall be made in accordance
				  with IC
				  5-14-3-4
				  and IC 13-14-11.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-2 - Request for additional supporting information

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3-1
Affected: IC 5-14-3; IC 13-14-11
Sec. 2.
(a) The
				commissioner may request additional supporting information regarding a claim of
				confidentiality. Any additional supporting information claimed as confidential
				shall be treated as confidential until the commissioner makes a determination
				as required by section 1 of this rule.
(b) If the commissioner intends to make a
				determination to deny a claim of confidentiality, the commissioner shall notify
				the person in writing by certified mail, with return receipt requested, stating
				the following:
(1)Additional supporting
				information shall be submitted in accordance with
				326 IAC
				17.1-4-1(c).
(2) The person has fifteen (15) days from the
				date of receipt of the notice to respond.
(3) A submission shall be completed in the
				time frames and by the methods specified by IC
				4-21.5-3-1(h).
				The person shall notify the department by telephone or facsimile within the
				fifteen (15) day period under subdivision (2) that additional supporting
				information has been mailed or deposited with a private carrier.
(4) Failure to submit any additional
				supporting information within fifteen (15) days under subdivision (2), or
				within the time allowed under subsection (d) to provide additional information
				in support of the claim, will result in a determination based on the
				information and any supporting information already received.
(5) Any additional supporting information
				claimed as confidential shall be treated as confidential until the commissioner
				makes a determination as required by section 1 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-3 - Approval determination

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3-1
Affected: IC 5-14-3; IC 13-14-11
Sec. 3.
(a) If the
				commissioner determines that the information shall be held confidential for the
				full period requested by the person who made the claim under
				326 IAC
				17.1-4-1(d), the commissioner shall
				do all of the following:
(1) Notify the
				person in writing of the determination.
(2) Maintain the information as confidential
				for the period requested under
				326 IAC
				17.1-4-1(d), unless ordered by a
				court of competent jurisdiction to permit access to the information for
				inspection and copying.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-4 - Denial of claim

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3-1
Affected: IC 5-14-3; IC 13-14-11
Sec. 4.
If the commissioner determines that the information is not
				  confidential based on 326 IAC 17.1-4, the commissioner shall notify the person
				  who submitted the claim of such determination. The notification shall be in
				  writing, sent certified mail, with return receipt requested, and shall state
				  the following:
(1) The basis for the
				determination.
(2) Notice that the
				person may appeal the commissioner's determination.
(3) The procedure for appealing the
				commissioner's determination, including the time period provided by IC
				4-21.5.
(4) Notice that if the
				determination is timely appealed, the information shall be treated as
				confidential until the petition for review is denied or the commissioner is
				ordered not to treat the information as confidential.
(5) Notice that unless the person timely
				appeals the determination, the information shall be made available to the
				public.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-5 - Modification of determinations

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 5.
(a) The
				commissioner's determination that information is confidential shall continue in
				effect for the period of time specified in the determination under section 3 of
				this rule unless the commissioner issues a revised determination stating that
				the determination under section 1 of this rule no longer accurately describes
				the information's confidentiality due to any of the following:
(1) Change in applicable law.
(2) Newly-discovered or changed
				facts.
(3) A clearly erroneous
				previous determination.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Appeals › Section 6-1 - Administrative appeal

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  4-21.5-3; IC
				  5-14-3; IC
				  13-14-11
Sec. 1.
An appeal of a determination shall be:
(1) in accordance with IC
				4-21.5-3 and rules of the office of
				environmental adjudication; and
(2)
				made by filing a written petition for review with the office of environmental
				adjudication in accordance with IC
				4-21.5-3. A copy of the petition
				shall be served on the commissioner concurrent with such filing.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Appeals › Section 6-2 - Judicial review

Current through July 10, 2024
Authority: IC
				  13-19-3-1
Affected: IC
				  4-21.5-5; IC
				  5-14-3; IC
				  13-14-11
Sec. 2.
Judicial review of a final order of the environmental law
				  judge shall be in accordance with IC
				  4-21.5-5.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 7 - Authorized Disclosure of Confidential Information › Section 7-1 - Authorized disclosure of confidential information

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 1.
Confidential information may be disclosed by the department
				  only in accordance with IC
				  13-14-11-6.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 8 - Wrongful Disclosure Penalties › Section 8-1 - Wrongful disclosure penalties

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3-1
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 1.
Penalties for wrongful disclosure of confidential
				  information are contained in IC
				  5-14-3-10.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 17.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 9 - Confidentiality Agreements › Section 9-1 - Confidentiality agreements

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-11-5;IC
				  13-19-3-1
Affected: IC
				  5-14-3-10;
				  IC
				  13-14-11-5
Sec. 1.
(a) Persons
				employed, contracted, or subcontracted by the department, prior to accessing or
				being granted access to confidential information, must execute a
				confidentiality agreement enforceable by:
(1)
				the state; and
(2) the submitter of
				the information.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 1 - Asbestos Management General Provisions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 1.
(a) This
				article applies to persons who do any of the following:
(1) Persons involved in asbestos work
				including those who:
(A) inspect for ACM at a
				facility;
(B) develop an asbestos
				management plan for a school building;
(C) design an asbestos project to be
				implemented at a facility;
(D)
				supervise the implementation of an asbestos project at a facility;
(E) implement an asbestos project at a
				facility; or
(F) work on an
				asbestos project at a facility.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 1 - Asbestos Management General Provisions › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-11-2; IC 13-17
Sec. 2.
In addition to the definitions in IC 13-11-2, the following
				  definitions apply throughout this article:
(1) "Active waste disposal site" means any
				disposal site other than an inactive site.
(2) "Approved initial training course" means
				a course approved by the department under this article for purposes of
				providing initial training to persons to become licensed.
(3) "Approved refresher training course"
				means a course approved by the department under this article for purposes of
				providing refresher training to licensed persons.
(4) "Asbestos" means the asbestiform
				varieties of the following:
(A) Chrysotile
				(serpentine).
(B) Crocidolite
				(riebeckite).
(C) Amosite
				(cummingtonite-grunerite).
(D)
				Anthophyllite.
(E)
				Tremolite.
(F)
				Actinolite.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-1 - General provisions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 1.
(a) A person
				shall not conduct the following activities without a license from the
				department:
(1) Inspect for ACM at a
				facility.
(2) Develop an asbestos
				management plan for a school building.
(3) Design an asbestos project to be
				implemented at a facility.
(4)
				Supervise the implementation of an asbestos project at a facility.
(5) Work on an asbestos project at a
				facility.
(6) Implement an asbestos
				project at a facility.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-2 - Asbestos license qualifications

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 2.
(a) A person
				applying for an asbestos license must:
(1)
				meet the qualifications in this section applicable to the discipline for which
				the person is applying; or
(2) if a
				person seeking an initial asbestos license has attended and passed an
				examination at a U.S. EPA-approved training course outside of Indiana, attend
				and pass the examination for an Indiana-approved refresher course in the
				discipline for which the person is applying.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-3 - Asbestos license application

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 3.
(a) A person
				seeking an initial asbestos license from the department as an inspector,
				management planner, project designer, project supervisor, or worker shall
				complete the following:
(1) Submit a completed
				application:
(A) in writing on forms provided
				by the department; or
(B) through
				the asbestos online licensing program.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-4 - Asbestos license renewal

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 4.
(a) A person
				seeking to renew an asbestos license as an inspector, management planner,
				project designer, project supervisor, worker, or asbestos abatement contractor
				shall meet the following requirements:
(1)
				Have possessed a valid asbestos license within the previous twelve (12) months
				in the discipline for which the applicant is seeking a renewal asbestos
				license.
(2) Have attended, within
				the previous twelve (12) months, an approved refresher training course for
				disciplines under which the person was previously licensed. In the case of a
				person seeking to renew an asbestos license as a management planner, the person
				will be required to have attended both the inspector refresher and the
				management planner refresher training courses.
(3) Submit a completed application on forms
				provided by the department and include a copy of the certificates of training
				indicating that the person successfully completed the refresher training course
				and written examination.
(4) Pay
				the license application fee specified in section 7 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-5 - Asbestos license revocation and denial

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 5.
The department may suspend or revoke an asbestos license or
				  deny an application for an asbestos license or license renewal if the person or
				  applicant does any of the following:
(1) Violates a requirement of this rule or a
				requirement of:
(A) 40 CFR 763, Subpart
				E*;
(B) 40 CFR 763, Subpart E,
				Appendix C*;
(C) 326 IAC
				14-2;
(D) 326 IAC 14-10;
				or
(E) any other federal, state, or
				local regulation or other laws pertaining to asbestos in buildings or to
				asbestos projects.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-6 - Asbestos abatement contractor license requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 6.
The following requirements apply to the implementation of an
				  asbestos project at a facility:
(1)
				Each asbestos abatement contractor is required to have at least one (1)
				licensed project supervisor, responsible for direct supervision of workers, in
				the work area of the asbestos project during removal, encapsulation, enclosure,
				stripping, repair, and work area decontamination activities.
(2) Workers must have access to a project
				supervisor throughout the duration of the asbestos project.
(3) Each asbestos abatement contractor shall
				ensure that the current certificate of training or asbestos license, and a
				photographic identification card, for each project supervisor and worker is
				kept:
(A) on the job site during an asbestos
				project; and
(B) outside the work
				area and available for inspection by the department.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-7 - Fees

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 7.
(a) Upon
				application for an asbestos license, a person shall pay a fee as follows:
(1) Inspector: one hundred dollars
				($100).
(2) Management planner: one
				hundred dollars ($100).
(3) Project
				designer: one hundred dollars ($100).
(4) Project supervisor: one hundred dollars
				($100).
(5) Worker: fifty dollars
				($50).
(6) Asbestos abatement
				contractor: one hundred fifty dollars ($150).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 2.1 - Asbestos Licenses › Section 2.1-8 - Duplicate asbestos license

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 8.
(a) To
				replace an asbestos license that has been lost or stolen, a person shall
				submit:
(1) a completed application for a
				duplicate license on a form provided by the department; and
(2) photographic identification as described
				in subsection (d).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 1.
This rule applies to persons who provide an approved initial
				  or refresher training course for the purpose of licensing persons under this
				  article. Those training course providers currently holding a valid Indiana
				  letter of approval, per discipline, are considered approved per discipline
				  under this rule until the expiration date as stated on each letter of approval.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-2 - Initial training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 2.
(a) Each
				initial asbestos training course must meet the requirements in this rule
				specific to the appropriate discipline to be approved by the
				department.
(b) Each initial
				asbestos training course must include the following:
(1) A written examination as described in
				section 4 of this rule.
(2)
				Lectures.
(3) Audiovisual materials
				to complement lectures where appropriate.
(4) Demonstrations.
(5) The specific requirements for the
				applicable discipline identified in 326 IAC 18-4.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-3 - Refresher training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 3.
(a) A
				refresher training course must meet the requirements of this section to obtain
				approval from the department.
(b)
				Each refresher training course must meet the following requirements:
(1) Be specific to each discipline.
(2) Review and discuss changes in federal and
				state regulations and other laws pertaining to the following:
(A) Asbestos.
(B) Developments in state-of-the-art
				procedures.
(C) A review of key
				aspects of the initial training course.
(3) Include a written examination as
				described in section 4 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-4 - Examination requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 4.
(a) Each
				initial and refresher training course must include a closed-book examination at
				the conclusion of each course. Demonstration testing may also be included as
				part of the examination.
(b) Each
				examination must adequately cover the topics included in the training course
				for that discipline.
(c)
				Examinations must have a passing score of at least seventy percent (70%) and
				consist of at least the following number of multiple choice questions for each
				respective discipline:
(1) Inspectors: fifty
				(50) questions.
(2) Management
				planners: fifty (50) questions.
(3)
				Project designers: one hundred (100) questions.
(4) Project supervisors: one hundred (100)
				questions.
(5) Workers: fifty (50)
				questions.
(6) Asbestos abatement
				contractors: one hundred (100) questions.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-5 - Training course provider qualifications for approval

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 5.
Persons wishing to obtain approval of a training course shall
				  do the following:
(1) Ensure that the
				training course meets or exceeds the applicable requirements of:
(A) sections 2 through 4 of this rule;
				and
(B) 326 IAC 18-4.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-7 - Application requirements for reapproval

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 7.
(a) A
				training course provider seeking reapproval of an approved initial training
				course or an approved refresher training course by the department shall meet
				the following requirements:
(1) Have possessed
				a valid letter of approval from the department within the previous six (6)
				months.
(2) Submit a completed
				application on forms provided by the department and include updated information
				as required in section 6(a)(2) and 6(a)(3) of this rule.
(3) Pay the annual application fees as
				specified in section 11(b) of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-8 - Representation of training course approval

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 8.
(a) A person
				shall not make representation as conducting an approved initial training course
				or approved refresher training course for the purpose of licensing persons
				under this article without prior written approval from the
				department.
(b) In any oral or
				written statement that indicates Indiana's approval of a training course,
				course providers must clearly indicate that the course is only approved for
				purposes of licensing under this article.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-9 - Asbestos training course provider instructor qualifications

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 9.
(a) A
				training course provider shall submit resumes and qualifications for a
				potential instructor, including a guest instructor, for approval by the
				department prior to their use as instructors for any course.
(b) A person to be approved as an instructor
				for an asbestos training course must meet the following minimum education and
				training qualifications:
(1) Possess a high
				school degree or equivalent as described in 326 IAC 18-2.1-2(b)(1) and either
				of the following:
(A) A bachelor's or graduate
				degree in architecture, industrial hygiene, engineering, building system
				design, science, or a related field.
(B) A combination of four (4) years of
				experience in asbestos inspection, planning, supervision, or cost
				estimation.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-10 - Approval revocation

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 10.
(a) The
				department may revoke the approval of a training course if the training course
				provider does any of the following:
(1)
				Violates any of the following:
(A) A
				requirement of this rule.
(B) 40
				CFR 763, Subpart E*.
(C) 40 CFR
				763, Subpart E, Appendix C*.
(D)
				Any other federal, state, or local regulation.
(E) Any other laws pertaining to
				asbestos.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-11 - Application fees

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 11.
(a) Upon
				application for initial or refresher asbestos training course approval, a
				training course provider shall pay a one (1) time application fee of one
				thousand dollars ($1,000) for each of the following disciplines:
(1) Inspectors.
(2) Management planners.
(3) Project designers.
(4) Project supervisors.
(5) Workers.
(6) Asbestos abatement contractors.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-12 - Record keeping requirements for training course providers

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 12.
(a) An
				approved provider of an initial or refresher training course must comply with
				the following minimum record keeping requirements:
(1) Maintain copies of all training course
				materials used, including the following:
(A)
				Student manuals.
(B) Instructor
				notebooks.
(C) Handouts.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 3.1 - Asbestos Training Course Approval › Section 3.1-13 - Course notice and record submittal

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 13.
An approved provider of an initial or refresher training
				  course must comply with the following requirements on forms provided by the
				  department:
(1) Notify the department
				in writing of all intended training courses to be held. The notice must contain
				course dates, daily scheduled start and end times, and exact course locations.
				Requirements for notice of courses are as follows:
(A) Notice of courses to be held in Indiana
				must be submitted to the department two (2) weeks prior to the scheduled course
				start date.
(B) Notice of courses
				to be held outside of Indiana must be submitted to the department four (4)
				weeks prior to the scheduled course start date.
(C) Notice of course cancellations must be
				submitted to the department via electronic submission or facsimile, no later
				than two (2) hours following the notified start time and date.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 4 - Asbestos Training Course Content › Section 4-1 - Initial training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 1.
To qualify for approval, an asbestos training course must
				  include:
(1) a written examination as
				described in 326 IAC 18-3.1-4; and
(2) the applicable course content described
				in this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 4 - Asbestos Training Course Content › Section 4-2 - Initial inspector training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 2.
(a) An
				initial inspector training course must meet the requirements of this
				section.
(b) An inspector training
				course must be at least three (3) days in duration and include the following:
(1) Lectures, including the use of
				audiovisual materials where appropriate.
(2) Demonstrations.
(3) At least four (4) hours of hands-on
				training, including the following:
(A)
				Simulated building walk-through inspection.
(B) Individual respirator fit testing.
(4) A course
				review.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 4 - Asbestos Training Course Content › Section 4-3 - Initial management planner training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 3.
(a) An
				initial management planner training course must meet the requirements of this
				section.
(b) The training course
				provider must verify that each attendee possesses a current and valid inspector
				certificate of training prior to admission to the management planner training
				course.
(c) A management planner
				training course must be at least two (2) days in duration and include the
				following:
(1) Lectures, including the use of
				audiovisual materials where appropriate.
(2) Demonstrations.
(3) A course review.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 4 - Asbestos Training Course Content › Section 4-4 - Initial project designer training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 4.
(a) An
				initial project designer training course must meet the requirements of this
				section.
(b) A project designer
				training course must be at least three (3) days in duration and include the
				following:
(1) Lectures, including the use of
				audiovisual materials where appropriate.
(2) Demonstrations.
(3) A field trip.
(4) A course review.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 4 - Asbestos Training Course Content › Section 4-5 - Initial project supervisor and abatement contractor training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 5.
(a) An
				initial project supervisor and asbestos abatement contractor training course
				must meet the requirements of this section.
(b) A project supervisor or asbestos
				abatement contractor training course must be at least five (5) days in duration
				and include the following:
(1) Lectures,
				including the use of audiovisual materials where appropriate.
(2) Demonstrations.
(3) At least fourteen (14) hours of hands-on
				training, including the following:
(A) Working
				with asbestos-substitute material.
(B) Individual fitting and using of
				respirators.
(C) Use of glove
				bags.
(D) Donning protective
				clothing.
(E) Constructing a
				decontamination unit.
(F) Other
				related abatement work activities.
(4) A course review.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 18 - ASBESTOS MANAGEMENT › Rule 4 - Asbestos Training Course Content › Section 4-6 - Initial worker training course requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-6
Affected: IC 13-17
Sec. 6.
(a) An
				initial worker training course must meet the requirements of this
				section.
(b) A worker training
				course must be at least four (4) days in duration and include the following:
(1) Lectures, including the use of
				audiovisual materials where appropriate.
(2) Demonstrations.
(3) At least fourteen (14) hours of hands-on
				training, including the following:
(A) Working
				with asbestos-substitute material.
(B) Individual fitting and using of
				respirators.
(C) Use of glove
				bags.
(D) Donning protective
				clothing.
(E) Constructing a
				decontamination unit.
(F) Other
				related abatement work activities.
(4) A course review.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 19 - MOBILE SOURCE RULES › Rule 2 - Transportation Conformity to Federal and State Implementation Plans › Section 2-1 - Applicability; incorporation by reference of federal standards

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.
(a) This
				rule, unless specifically exempted in the applicability section of 40 CFR 93,
				Subpart A*, applies to transportation plans, programs, and projects in
				nonattainment or maintenance areas for transportation-related criteria
				pollutants that are developed, funded, or approved by the United States
				Department of Transportation (DOT) and by metropolitan planning organizations
				(MPOs) or other recipients of funds under Title 23 United States Code (U.S.C.)
				or the Federal Transit Laws.
(b)
				This rule applies to regionally significant projects, regardless of funding
				source, located in nonattainment or maintenance areas for
				transportation-related criteria pollutants for which the area is designated
				nonattainment or has a maintenance plan.
(c) The air pollution control board
				incorporates by reference the following:
(1)
				40 CFR 51, Subpart T*.
(2) 40 CFR
				93, Subpart A*.
*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 also 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 19 - MOBILE SOURCE RULES › Rule 3 - Clean Fuel Fleet Vehicles › Section 3-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-17-3-4; IC 13-17-3-14; IC
				  13-17-5-1
Affected: IC 13-12-3-1
Sec. 1.
(a) This rule
				applies to all owners and operators of vehicle fleets located or operated in
				Lake or Porter County that meet the following requirements:
(1) The fleet consists of ten (10) or more
				motor vehicles that can be centrally fueled one hundred percent (100%) of the
				time and are owned or operated by a single person.
(2) At least ten (10) vehicles in the fleet
				are operated in Lake or Porter County any time during the year, even if the
				fleet vehicles are garaged outside of those counties.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 19 - MOBILE SOURCE RULES › Rule 3 - Clean Fuel Fleet Vehicles › Section 3-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-17-3-4; IC 13-17-3-14; IC
				  13-17-5-1
Affected: IC 13-12-3-1
Sec. 2.
The following definitions apply throughout this rule unless
				  expressly stated:
(1) "Adjusted loaded
				vehicle weight" or "ALVW" means the numerical average of the vehicle curb
				weight and the GVWR.
(2) "Can be
				centrally fueled" means vehicles that are centrally fueled or capable of being
				centrally fueled.
(3) "Capable of
				being centrally fueled" means a fleet, or that part of a fleet, consisting of
				vehicles that could be refueled one hundred percent (100%) of the time at a
				location that is owned, operated, or controlled by the covered fleet operator
				or is under contract with the covered fleet operator. The fact that a portion
				of the vehicles is not capable of being centrally fueled does not exempt an
				entire fleet from the program. The fact that a vehicle is not centrally fueled
				does not mean that it could not be centrally fueled. Determination of whether a
				vehicle is capable of being centrally fueled shall be made in accordance with
				the guidance as stated in 40 CFR 88 *.
(4) "Centrally fueled" means a fleet, or that
				portion of a fleet, consisting of vehicles that are fueled one hundred percent
				(100%) of the time at a location that is owned, operated, or controlled by the
				covered fleet operator or is under contract with the covered fleet operator.
				Any vehicle that is, under normal operations, garaged at a personal residence
				at night but that is, in fact, centrally fueled one hundred percent (100%) of
				the time shall be considered to be centrally fueled for purposes of this rule.
				The fact that a portion of the vehicles in a fleet is not centrally fueled does
				not exempt an entire fleet from the program. The fact that a vehicle is not
				centrally fueled does not mean it could not be centrally fueled in accordance
				with the definition of capable of being centrally fueled.
(5) "Chicago severe nonattainment area" means
				the Chicago-Gary-Lake County Area, Severe-17 ozone nonattainment area as
				defined in 40 CFR 81.315 *.
(6)
				"Clean alternative fuel" means:
(A) any fuel,
				including:
(i) methanol;
(ii) ethanol; or
(iii) other alcohols;
including any mixture thereof containing eighty-five percent
				  (85%) or more by volume of such alcohol with gasoline or other fuels;
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 19 - MOBILE SOURCE RULES › Rule 3 - Clean Fuel Fleet Vehicles › Section 3-3 - General purchase requirements

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-17-3-4; IC 13-17-3-14; IC
				  13-17-5-1
Affected: IC 13-12-3-1
Sec. 3.
(a) Beginning
				in model year 1999 and in each year thereafter, a percentage of new covered
				fleet vehicles purchased by each fleet owner or operator subject to this rule
				shall be clean fuel vehicles. The new vehicle purchase percentages for each
				vehicle type shall be:
Vehicle Type
MY 1999
MY 2000
MY 2001 and after
LDV
30%
50%
70%
LDT
30%
50%
70%
HDV
50%
50%
50%
(b)
				The requirements of subsection (a) may be met through the conversion of
				existing or new gasoline or diesel powered vehicles to clean fuel vehicles in
				accordance with the requirements for clean fuel vehicle conversions contained
				in 40 CFR 88, Subpart C, 88.306-94*.
(c) Purchase requirements may be met by
				purchasing vehicles that meet or exceed the LEV standard or through the
				purchase of credits from another fleet in the Chicago severe nonattainment area
				so that the total equals the minimum requirement.
(d) The fleet owner or operator shall decide
				which vehicles and fuels to use to comply with the requirements of this
				rule.
(e) A fleet owner or operator
				who purchases vehicles certified as LEVs, ULEVs, and ZEVs beyond the percentage
				required in subsection (a) shall receive credits as described in section 4(e)
				of this rule.
(f) Vehicles
				purchased to satisfy the requirements of this section shall be operated on the
				clean alternative fuel on which they were certified to meet the clean fuel
				vehicle emissions standards when operating in Lake or Porter County.
*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.