Ind. Code ch. 13-17-3

Ind. Code ch. 13-17-3
in effect

Ind. Code § 13-17-3-1 Assistance to local governments; other interested groups

Sec. 1. The department shall provide assistance on air pollution matters to towns, cities, and counties. The commissioner shall make the commissioner's best efforts to assist and cooperate with other groups interested in and affected by air pollution. [Pre-1996 Recodification Citation: 13-1-1-1(d).] As added by P.L.1-1996, SEC.7. Amended by P.L.135-2026, SEC.129.

Ind. Code § 13-17-3-2 Inspections

Sec. 2. The commissioner may conduct inspections under air pollution control laws in accordance with IC 13-14-2. [Pre-1996 Recodification Citation: 13-1-1-4(a).] As added by P.L.1-1996, SEC.7.

Ind. Code § 13-17-3-3 Enforcement

Sec. 3. Air pollution control laws may be enforced under IC 13-14-2-6 or IC 13-30-3. [Pre-1996 Recodification Citation: 13-1-1-4(b).] As added by P.L.1-1996, SEC.7.

Ind. Code § 13-17-3-4 Air pollution rules

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 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. (b) Notwithstanding IC 13-15-5, the board may adopt rules under IC 4-22-2 and IC 13-14-9 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 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 U.S.C. 7412 or 42 U.S.C. 7429. The board may adopt rules 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) impacts. (d) The board may adopt rules to establish a general requirement for sources to report hazardous air pollutant emissions (as defined by 42 U.S.C. 7412(b)). [Pre-1996 Recodification Citation: 13-1-1-4(c).] As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.18; P.L.166-2002, SEC.2; P.L.159-2011, SEC.21; P.L.13-2013, SEC.47; P.L.79-2014, SEC.4; P.L.181-2018, SEC.3; P.L.135-2026, SEC.130.

Ind. Code § 13-17-3-5 Violations

Sec. 5. Violations of air pollution control laws are subject to the penalties imposed by the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) IC 13-30-8. In addition, a violation of air pollution control laws may lead to criminal prosecution under IC 13-30-10. [Pre-1996 Recodification Citation: 13-1-1-4(d).] As added by P.L.1-1996, SEC.7. Amended by P.L.137-2007, SEC.8.

Ind. Code § 13-17-3-6 Repealed

[Pre-1996 Recodification Citation: 13-1-1-4(e).] As added by P.L.1-1996, SEC.7. Repealed by P.L.133-2012, SEC.119.

Ind. Code § 13-17-3-7 Orders; review by administrative law judge

Sec. 7. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-1-4(f).] As added by P.L.1-1996, SEC.7. Amended by P.L.128-2024, SEC.21.

Ind. Code § 13-17-3-8 Repealed

[Pre-1996 Recodification Citation: 13-1-1-4(g).] As added by P.L.1-1996, SEC.7. Repealed by P.L.135-2026, SEC.131.

Ind. Code § 13-17-3-9 Repealed

[Pre-1996 Recodification Citation: 13-1-1-4(h).] As added by P.L.1-1996, SEC.7. Repealed by P.L.135-2026, SEC.132.

Ind. Code § 13-17-3-10 Funds

Sec. 10. The commissioner may budget and receive appropriated money for expenditures to carry out air pollution control laws. [Pre-1996 Recodification Citation: 13-1-1-4(i).] As added by P.L.1-1996, SEC.7.

Ind. Code § 13-17-3-11 Power to adopt rules under state discretionary authority

Sec. 11. The board may adopt rules under IC 4-22-2 and IC 13-14-9 under discretionary authority granted to the state by: (1) 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); or (2) a regulation adopted under the federal Clean Air Act. [Pre-1996 Recodification Citation: 13-1-1-4(j).] As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.120.

Ind. Code § 13-17-3-12 Effect of express grant of authority on additional activities

Sec. 12. Unless otherwise indicated, any express grant of authority provided to the board under this title may not be interpreted to prohibit the board from adopting rules that extend the grant of authority to cover additional activities in accordance with section 4 of this chapter or IC 13-14-8. [Pre-1996 Recodification Citation: 13-1-1-4(k).] As added by P.L.1-1996, SEC.7.

Ind. Code § 13-17-3-13 Issuance of permit to a solid waste incinerator

Sec. 13. The commissioner may not issue any permit to a solid waste incinerator required by 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), if the commissioner is also responsible in whole or in part for the design, construction, or operation of the unit. [Pre-1996 Recodification Citation: 13-1-1-4(l).] As added by P.L.1-1996, SEC.7.

Ind. Code § 13-17-3-14 Federal designations effective in Indiana on effective date of federal regulation; department to post information and maintain database

Sec. 14. (a) If a federal regulation adopted to implement the federal Clean Air Act classifies or amends an existing designation of: (1) attainment; (2) nonattainment; or (3) unclassifiable; for any area within Indiana, that designation becomes effective and enforceable in Indiana for purposes of air pollution control laws on the effective date of the federal regulation. (b) The department shall do the following to provide notice of a change to a designation: (1) Post on the department's website information concerning draft federal regulations that propose to amend an existing designation, including information concerning the manner by which the public may comment on the proposed amendment during the public comment period that applies to the draft federal regulations. (2) Maintain a database of designations for all areas of Indiana, including amendments to the designations. (c) The board may adopt rules under IC 13-14-9 to set standards for ambient air quality to effectuate the purposes of air pollution control laws. [Pre-1996 Recodification Citation: 13-1-1-5.] As added by P.L.1-1996, SEC.7. Amended by P.L.25-2023, SEC.1.

Ind. Code § 13-17-3-15 Rules and standards limiting noise emission

Sec. 15. (a) The board may adopt rules and standards prescribing limitations on noise emission. In adopting rules under this section, the board may prescribe that a person may not emit or cause to be emitted any noise that: (1) unreasonably interferes with any lawful business or activity; or (2) is injurious to the health or well-being of any person. (b) The board may adopt rules concerning the following: (1) Equipment and procedures for monitoring noise. (2) The collection and retention of data resulting from the monitoring. (3) The reporting of data to the board. [Pre-1996 Recodification Citation: 13-7-8-1.] As added by P.L.1-1996, SEC.7.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026

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