HOUSE BILL No. 1698
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-14-8; IC 13-17-3-16.
Synopsis: Environmental rulemaking and rule variances. Prohibits the
issuance of certain environmental variances if rulemaking requirements
are not met. Allows the water pollution control board to adopt rules for
the issuance of variances from the water quality standards for mercury.
Allows the air pollution control board to adopt rules to limit mercury
air emissions rates of certain facilities. Requires rulemaking concerning
certain air emissions of mercury, lead, and other hazardous materials.
Effective: Upon passage; July 1, 2005.
January 19, 2005, read first time and referred to Committee on Environmental Affairs.
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1698
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-14-8-8; (05)IN1698.1.1. -->
SECTION 1. IC 13-14-8-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: 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 subsection (e) and
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.
(e) After July 1, 2005, if the air pollution control board fails to
meet a deadline under section 10(d) of this chapter, the
commissioner may not issue a variance to a person under rules
adopted under section 10(a) of this chapter until the board
completes the rulemaking task for which the deadline was missed.
SOURCE: IC 13-14-8-10; (05)IN1698.1.2. -->
SECTION 2. IC 13-14-8-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) The water
pollution control board may adopt rules that:
(1) allow the commissioner to issue a variance to a person
from the water quality standards for mercury using a
streamlined procedure; and
(2) require that the person that applies for the variance take
specific actions to make tangible and significant reductions in
the mercury levels in the discharge not caused by air
deposition of mercury.
(b) The variance rules of the water pollution control board
adopted under subsection (a)(1) must establish criteria to allow,
without detailed analysis or applications by the person that applies
for the variance, for a determination that the imposition of the rule
from which the variance is sought would impose undue hardship
or burden upon the person.
(c) The air pollution control board may adopt rules for facilities
that have the potential to emit into the air more than two hundred
(200) pounds per year of mercury or compounds that include
mercury. The rules must require coal-fired electrical power
generation facilities to meet a mercury emissions rate of at least
ninety percent (90%) reduction of mercury based on measured
inlet conditions for the source.
(d) The air pollution control board must adopt the rules
referred to in subsection (c) as follows:
(1) Begin the rulemaking process before July 1, 2005.
(2) Provide the notice of rulemaking required by IC 13-14-9-4
before March 1, 2006.
(3) Preliminarily adopt the rules before January 1, 2007.
(4) Adopt the rule before June 1, 2007.
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
(2) Procedures for making determinations on applications for
variances from that rule.
SOURCE: IC 13-17-3-16; (05)IN1698.1.3. -->
SECTION 3. IC 13-17-3-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 16. The board shall adopt rules and standards that
limit the emission to air of mercury, lead, and other hazardous
(1) persist or bioaccumulate in the environment; and
(2) contribute to levels in water that exceed the water quality
standards established under IC 13-18-4-1.
The air emission limits must be sufficient to ensure that, under the
worst case operating conditions, the air emissions during a rainfall
event that is likely to occur at least once a month will not cause the
rain to exceed the water quality standards.
SOURCE: ; (05)IN1698.1.4. -->
SECTION 4. An emergency is declared for this act.