Introduced Version






HOUSE BILL No. 1451

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-17-3-4.5.

Synopsis: Mint distilling operations. Specifies that a mint distilling operation is considered a farming operation for purposes of Indiana Administrative Code rules concerning the air pollution control board.

Effective: January 1, 2011 (retroactive).





Dermody




    January 18, 2011, read first time and referred to Committee on Agriculture and Rural Development.







Introduced

First Regular Session 117th General Assembly (2011)


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, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1451



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-17-3-4.5; (11)IN1451.1.1. -->     SECTION 1. IC 13-17-3-4.5, AS ADDED BY P.L.16-2009, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2011 (RETROACTIVE)]: Sec. 4.5. (a) A reference in this section to a provision of the Indiana Administrative Code or Code of Federal Regulations includes a reference to a successor provision.
    (b) As used in this section, "construction" has the meaning set forth in 326 IAC 1-2-21.
    (c) As used in this section, "modification" has the meaning set forth in 326 IAC 1-2-42.
    (d) As used in this section, "operation" has the meaning set forth in 326 IAC 2-1.1-1(11).
    (e) As used in this section, "process" has the meaning set forth in 326 IAC 2-1.1-1(17).
    (f) As used in this section, "regulated pollutant" has the meaning set forth in 326 IAC 1-2-66.
    (g) If a rule of the air pollution control board lists emission units, operations, or processes of which construction or modification are

exempt from the requirement to obtain a registration, permit, modification approval, or permit revision, the air pollution control board may not condition the exemption on whether the potential to emit any regulated pollutant from the construction or modification exceeds an emission threshold establishing the requirement to obtain a registration, permit, modification approval, or permit revision under 326 IAC 2.
    (h) This section does not apply to construction or modification:
        (1) subject to federal prevention of significant deterioration requirements as set out in 326 IAC 2-2 and 40 CFR 52.21;
        (2) subject to nonattainment new source review requirements as set out in 326 IAC 2-3;
        (3) at a source that has an operation permit issued under 326 IAC 2-7, where the construction or modification would be considered a Title I modification under 40 CFR Part 70; or
        (4) that would result in the source needing to make a transition to an operating permit issued under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8.
    (i) A mint distilling operation is considered a farming operation as that term is defined in 326 IAC 1-2-28.

SOURCE: ; (11)IN1451.1.2. -->     SECTION 2. An emergency is declared for this act.