§ 13-15-2-2 — Allowable uses; content; criteria; priority applications; consistency with federal law

Indiana § 13-15-2-2

• Jurisdiction: Indiana
• Art. 15: PERMITS GENERALLY
• Ch. 2: Rules for Issuance of Permits

Text

(a) The board may adopt rules under IC 4-22-2
and IC 13-14-9 to allow the department to issue permits that do the
following:
(1) Provide incentives to owners and operators of facilities to
assess the pollution emitted by the facilities into all environmental
media.
(2) Provide incentives to owners and operators of facilities to
implement the most innovative and effective pollution control or
pollution prevention strategies while maintaining enforceable
performance goals.
(3) Provide incentives to owners and operators of facilities to
reduce pollution levels at the facilities below the levels required
by law.
(4) Consolidate environmental requirements into one (1) permit
that would otherwise be included in more than one (1) permit.
(5) Reduce the time and money spent by owners and operators of
facilities and the department on administrative tasks that do not
benefit the environment.
(6) Provide owners and operators of facilities with as much
operational flexibility as can reasonably be provided while being
consistent with enforcement of permit requirements.
(b) The rules adopted under this section may provide for permits
that contain the following:
(1) Authorization of emission trading.
(2) Consolidated reporting mechanisms.
(3) Third party certifications.
(4) Multimedia regulation.
(5) Other conditions consistent with subsection (a).
(c) The rules adopted under this section must provide that a permit
issued under the rules adopted under this section meets the following
criteria:
(1) Activities conducted under the permit must result in greater
overall environmental protection than would otherwise be
achieved under applicable law.
(2) Upon issuance of a permit, all limits, conditions, and
standards contained in the permit are enforceable under IC 13-30-3.
(3) The permit applicant must give notice in accordance with IC 13-15-8, and the commissioner shall give notice to the public and
provide an opportunity to comment on the proposed permit in
accordance with IC 13-15-5.
(d) The rules adopted under this section must allow the department
to give priority to applications involving permits that are issued as
described in this section based on:
(1) the degree of environmental benefit that may be obtained
under the permit;
(2) the potential application of any innovative control
technologies or regulatory procedures that may be made available
to other permit applicants and permit holders; and
(3) other criteria that the board may establish.
(e) The rules adopted under this section must be consistent with
federal law for federally authorized or delegated permit programs.

Legislative History

As added by P.L.128-1996, SEC.2. Amended by P.L.133-2012, SEC.99.