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).
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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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.