Citations Affected: IC 13-11-2-213 ; IC 13-17-3-4.
Synopsis: Hazardous air pollutant emissions. Prohibits the air
pollution control board from adopting rules to establish general
requirements for reporting of hazardous air pollutant emissions.
Permits the board to adopt rules to: (1) require sources to report
hazardous air pollutant emissions if the reporting is necessary to
demonstrate compliance with certain federal standards; or (2) allow the
department of environmental management to request certain site
specific data. Directs the department and the state department of health
to conduct evaluations considering specified hazardous air pollutant
data and to report to the environmental quality service council
concerning emissions and related data and human health impacts.
Effective: Upon passage.
January 7, 2002, read first time and referred to Committee on Environmental Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 213. "Source", for
, means an aggregation of one
(1) or more facilities that are:
(1) located on:
(A) one (1) piece of property; or
(B) contiguous or adjacent properties; and
(2) owned, operated, or controlled by the same person.
SECTION 2. IC 13-17-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The board shall adopt rules under IC 4-22-2 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
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 not 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 USC 7412(b)) unless directed to do so by the general assembly. 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 USC 7412 or 42 USC 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) human health impacts.
SECTION 3. [EFFECTIVE UPON PASSAGE] (a) For purposes of this SECTION, "source" has the meaning set forth in IC 13-11-2-213, as amended by this act.
(b) The department of environmental management and the state department of health shall:
(1) conduct evaluations necessary to generate the information required in the report to be submitted under subdivision (2); and
(2) before September 1, 2002, submit a report to the environmental quality service council that includes the following:
(A) A summary of hazardous air pollutant emissions in Indiana, including:
(i) quantities; and
(ii) general sources;
(B) An assessment of the quality and usefulness of existing data on hazardous air pollutant:
(ii) air quality monitoring; and
(iii) human health impacts.
(C) Identification of the commercial or industrial sources or source categories that require further investigation for potential human health impacts.
(D) A plan for collecting additional hazardous air pollutant information.
(E) Potential solutions to any human health issues created by hazardous air pollutants.
(c) The department of environmental management and state department of health shall consider the following data in their evaluations under subsection (b):
(1) Data submitted by sources in permit applications and compliance reports.
(2) Data collected by the department of environmental management in other reports.
(3) Air monitoring data collected by the department of environmental management.
(4) Toxics Release Inventory reports submitted to the United States Environmental Protection Agency.
(5) The National Air Toxics Assessment Database and the National Toxics Inventory Database, both published by the United States Environmental Protection Agency.
(6) Other existing sources of information regarding hazardous air pollutant:
(A) emissions; and
(B) ambient concentrations.
(d) This SECTION expires September 1, 2002.
SECTION 4. An emergency is declared for this act.