CHAPTER 8. RULES AND STANDARDS
IC 13-14-8
Chapter 8. Rules and Standards
IC 13-14-8-1
Adoption or modification of rules and standards
Sec. 1. The boards may:
(1) adopt;
(2) repeal;
(3) rescind; or
(4) amend;
rules and standards by proceeding in the manner prescribed in
IC 4-22-2 and IC 13-14-9.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-2
Proposal for adoption or modification of rules and standards
Sec. 2. (a) The department may propose to the boards the:
(1) adoption;
(2) repeal;
(3) rescission; or
(4) amendment;
of any rule or standard.
(b) The rules proposed by the department must be adopted by the
appropriate board under IC 4-22-2 and IC 13-14-9 before the rules
become effective.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-3
Scope
Sec. 3. A rule or standard adopted by a board may:
(1) make different provisions as required by varying
circumstances and conditions for different contaminant sources
and for different geographical areas;
(2) be made applicable to sources outside Indiana that:
(A) are causing;
(B) are contributing to; or
(C) could cause or contribute to;
environmental pollution in Indiana; and
(3) make provision for abatement standards and procedures:
(A) concerning occurrences, emergencies, or pollution; or
(B) on other short term conditions constituting an acute
danger to health or to the environment.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-4
Considerations in adoption
Sec. 4. In adopting rules and establishing standards, a board shall
take into account the following:
(1) All existing physical conditions and the character of the area
affected.
(2) Past, present, and probable future uses of the area, including
the character of the uses of surrounding areas.
(3) Zoning classifications.
(4) The nature of the existing air quality or existing water
quality, as appropriate.
(5) Technical feasibility, including the quality conditions that
could reasonably be achieved through coordinated control of all
factors affecting the quality.
(6) Economic reasonableness of measuring or reducing any
particular type of pollution.
(7) The right of all persons to an environment sufficiently
uncontaminated as not to be injurious to:
(A) human, plant, animal, or aquatic life; or
(B) the reasonable enjoyment of life and property.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-5
Proposals for rule
Sec. 5. (a) Any person may present written proposals for the
adoption, amendment, or repeal of a rule by one (1) of the boards. A
proposal presented under this section must be:
(1) supported by a statement of reasons; and
(2) accompanied by a petition signed by at least two hundred
(200) persons.
(b) If the board with rulemaking authority in the subject area to
which the rule pertains finds that the proposal:
(1) is not plainly devoid of merit; and
(2) does not deal with a subject on which a hearing was held
within the previous six (6) months of the submission of the
proposal;
the board shall give notice and hold a hearing on the proposal.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-6
Hearings
Sec. 6. (a) Each hearing on a proposed rule must be open to the
public, and a reasonable opportunity to be heard with respect to the
subject of a hearing shall be afforded to any person.
(b) All testimony taken at a hearing shall be recorded. The
transcript of the hearing and any written submissions to the board at
the hearing shall be open to public inspection, and copies of the
transcript and written submissions shall be made available to any
person upon payment of the cost of reproducing the original.
(c) A person who:
(1) is heard or represented at a hearing; or
(2) requests notice;
shall be given written notice of the action of the board with respect
to the subject of the hearing.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-7
Duties of board
Sec. 7. (a) Without limiting the generality of the regulatory
authority of the boards under this title, the appropriate board may
adopt rules under IC 4-22-2 and IC 13-14-9 prescribing the
following:
(1) Standards or requirements for discharge or emission
specifying the maximum permissible short term and long term
concentrations of various contaminants of the air, water, or
land.
(2) Procedures for the administration of a system of permits for:
(A) the discharge of any contaminants;
(B) the construction, installation, or modification of any:
(i) facility;
(ii) equipment; or
(iii) device;
that may be designed to control or prevent pollution; or
(C) the operation of any:
(i) facility;
(ii) equipment; or
(iii) device;
to control or to prevent pollution.
(3) Standards and conditions for the use of any fuel or vehicle
determined to constitute an air pollution hazard.
(4) Standards for the filling or sealing of abandoned:
(A) water wells;
(B) water holes; and
(C) drainage holes;
to protect ground water against contamination.
(5) Alert criteria and abatement standards for pollution episodes
or emergencies constituting an acute danger to health or to the
environment, including priority lists for terminating activities
that contribute to the hazard, whether or not the activities would
meet all discharge requirements of the board under normal
conditions.
(6) Requirements and procedures for the inspection of any
equipment, facility, vehicle, vessel, or aircraft that may cause or
contribute to pollution.
(7) Requirements and standards for equipment and procedures
for:
(A) monitoring contaminant discharges at their sources;
(B) the collection of samples; and
(C) the collection, reporting, and retention, in accordance
with record retention schedules adopted under IC 5-15-5.1,
of data resulting from that monitoring.
(8) Standards or requirements to control:
(A) the discharge; or
(B) the pretreatment;
of contaminants introduced or discharged into publicly owned
treatment works.
(b) If the solid waste management board or air pollution control
board is required to adopt new rules or amend existing rules to
implement an amendment to the federal Resource Conservation and
Recovery Act or an amendment to or addition of a National Emission
Standard for Hazardous Air Pollutants under the federal Clean Air
Act, the board shall adopt the new rules or amend the existing rules
not more than nine (9) months after the date the federal law becomes
effective. This subsection does not limit a board's authority to amend
at any time the rules adopted under this subsection.
As added by P.L.1-1996, SEC.4. Amended by P.L.123-1996, SEC.10.
IC 13-14-8-8
Variance from rules
Sec. 8. (a) Except as provided in section 9 of this chapter, if a
person who is affected by a rule adopted by a board believes that the
imposition of the rule would impose an undue hardship or burden
upon the person, the person may apply to the commissioner for a
variance from the rule.
(b) The commissioner may hold a public hearing on an application
submitted under subsection (a).
(c) If the commissioner determines that immediate compliance
with the rule would impose an undue hardship or burden upon the
applicant, the commissioner, except as provided in section 9 of this
chapter, may grant a variance from the rule for any period not
exceeding one (1) year.
(d) Upon the request of an applicant, the commissioner may renew
an expired variance if the commissioner determines that compliance
with the rule would continue to impose an undue hardship or burden
upon the applicant. Except as provided in section 9 of this chapter,
each renewal may be granted for a period not exceeding one (1) year.
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.1.
IC 13-14-8-9
Criteria for variance from water quality standards; pollutant
minimization plan; duration of variance; renewal
Sec. 9. (a) A variance from a water quality standard that is at least
in part the basis of a National Pollutant Discharge Elimination
System (NPDES) permit issued under this title must meet the
conditions specified in:
(1) 40 CFR Part 132, Appendix F, Procedure 2.C; and
(2) rules adopted by the board.
(b) A variance application must contain a pollutant minimization
plan specific to the pollutant for which the variance is requested.
With respect to a variance relating to an NPDES permit for a
combined sewer overflow discharge, this subsection is satisfied if the
NPDES permit holder has prepared a long term control plan and is
implementing the nine (9) minimum controls pursuant to:
(1) 33 U.S.C. 1342(q); and
(2) 59 FR 18688.
(c) Subject to subsection (d), a variance described in subsection
(a) may be granted for a period not to exceed the term of the NPDES
permit affected by the variance.
(d) If an NPDES permit remains in effect beyond its stated term
under IC 13-15-3-6, a variance described in subsection (a) remains
in effect for as long as the NPDES permit requirements affected by
the variance are in effect.
(e) A variance described in subsection (a) may be renewed each
time the NPDES permit affected by the variance is renewed if the
conditions of subsections (a) and (b) continue to be met.
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.2;
P.L.54-2005, SEC.1.
IC 13-14-8-10
Undue hardship; criteria
Sec. 10. A board may adopt rules under IC 4-22-2 to specify the
following with respect to any of the board's rules:
(1) Criteria to define what constitutes an undue hardship or
burden, as used in section 8 of this chapter, for the purposes of
that rule.
(2) Procedures for making determinations on applications for
variances from that rule.
As added by P.L.1-1996, SEC.4.
IC 13-14-8-11
Appeals
Sec. 11. (a) A person affected by a decision of the commissioner
under sections 8 and 9 of this chapter may, within fifteen (15) days
after receipt of notice of the decision, appeal the decision to the
office of environmental adjudication. All proceedings under this
section to appeal the commissioner's decision are governed by
IC 4-21.5.
(b) The commissioner's decision to grant a variance does not take
effect until available administrative remedies are exhausted.
As added by P.L.1-1996, SEC.4. Amended by P.L.25-1997, SEC.4.
IC 13-14-8-11.5
Site-specific limitation for NPDES permit; application process and
criteria
Sec. 11.5. (a) The department shall prepare and publish in the
Indiana Register guidance on the application process and criteria for
obtaining a site-specific limitation for a National Pollutant Discharge
Elimination System (NPDES) permit. Criteria to be considered must
include wet weather events, water effects ratio, and other
site-specific considerations as determined by the department. Water
effects ratio shall be the ratio of the aquatic toxicity of a parameter
in the water of the receiving stream compared to the aquatic toxicity
of the parameter in the laboratory water used to determine the
standard.
(b) Beginning January 1, 1997, the department shall review any
application and make a preliminary determination for a site-specific
limitation not later than one hundred eighty (180) days after receipt
of the application. The department may request additional
information necessary to make the preliminary determination
consistent with the guidance published under subsection (a). The one
hundred eighty (180) day period does not include any days between
the date the department requests additional information and the date
the additional information is received by the department.
(c) The final determination on a site-specific limitation will be
part of the NPDES permit decision under 327 IAC 5.
(d) If the agency does not issue a preliminary determination
within the one hundred eighty (180) days provided for in subsection
(b), the applicant may require that the department hire a qualified
outside consultant to prepare the preliminary determination as
expeditiously as possible.
(e) The department and the applicant may agree to extend the one
hundred eighty (180) day period provided for in subsection (b).
As added by P.L.123-1996, SEC.3.
IC 13-14-8-11.6
Permits for modification or construction of water pollution facility
Sec. 11.6. (a) A discharger is not required to obtain a state permit
for the modification or construction of a water pollution treatment or
control facility if the discharger has an effective:
(1) National Pollutant Discharge Elimination System (NPDES)
industrial permit for direct discharges to surface water; or
(2) industrial waste pretreatment permit not issued by the
department for discharges to a publicly owned treatment works.
(b) If a modification is for the treatment or control of any new
influent pollutant or increased levels of any existing pollutant, within
thirty (30) days after commencement of operation, the discharger
shall file with the department a notice of installation for the
additional pollutant control equipment and a design summary of any
modifications.
(c) The water pollution control board shall adopt a general permit
rule for the approval of sanitary collection system plans, lift station
plans, and force main plans.
As added by P.L.72-1999, SEC.2.