Indiana § 13-17-3-4 Adoption or amendment of rules

Indiana Statutes

§ 13-17-3-4 — Adoption or amendment of rules

Indiana·Art. 17 AIR POLLUTION CONTROL·Ch. 3 Powers and Duties Concerning Air Pollution Control

(a)The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are:

(1)consistent with the general intent and purposes declared in IC 13-17-1 and section 1 of this chapter; and

(2)necessary to the implementation of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L.101-549).

(b)Notwithstanding IC 13-15-5, the board may adopt rules under IC 4-22-2 and IC 13-14-9 that allow the commissioner's actions on permits and permit modifications to become effective immediately, regardless of whether a thirty (30) day comment period is held on the permits or permit modifications. The board may adopt rules under this subsection only after considering the:

(1)environmental significance of;

(2)federal requirements for federally delegated o

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(a) The board shall adopt rules under IC 4-22-2
and IC 13-14-9 that are:
(1) consistent with the general intent and purposes declared in IC 13-17-1 and section 1 of this chapter; and
(2) necessary to the implementation of the federal Clean Air Act
(42 U.S.C. 7401 et seq.), as amended by the Clean Air Act
Amendments of 1990 (P.L.101-549).
(b) Notwithstanding IC 13-15-5, the board may adopt rules under IC 4-22-2 and IC 13-14-9 that allow the commissioner's actions on permits
and permit modifications to become effective immediately, regardless
of whether a thirty (30) day comment period is held on the permits or
permit modifications. The board may adopt rules under this subsection
only after considering the:
(1) environmental significance of;
(2) federal requirements for federally delegated or approved
programs concerning; and
(3) need for opportunity for public participation on;
the permits or permit modifications.
(c) The board may adopt rules to require sources to report hazardous
air pollutant emissions if the reporting is necessary to demonstrate
compliance with emissions and other performance standards
established under 42 U.S.C. 7412 or 42 U.S.C. 7429. The board may
amend 326 IAC 2-6 to allow the department to request hazardous air
pollutant emissions data from individual sources for the purpose of site
specific studies of hazardous air pollutant:
(1) emissions; and
(2) impacts.
(d) The board may amend 326 IAC 2-6 or adopt new rules to
establish a general requirement for sources to report hazardous air
pollutant emissions (as defined by 42 U.S.C. 7412(b)).
[Pre-1996 Recodification Citation: 13-1-1-4(c).]

Indiana § 13-17-3-4 (Adoption or amendment of rules) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.18; P.L.166-2002, SEC.2; P.L.159-2011, SEC.21; P.L.13-2013, SEC.47; P.L.79-2014, SEC.4; P.L.181-2018, SEC.3.