Ind. Code » Title 13
Indiana Code

Ind. Code § 13-17-3-4 (2026)

Adoption or amendment of rules

✓ current as of May 2026
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     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 by the Clean Air Act Amendments of 1990 (P.L.101-549).

     (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 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) impacts.

     (d) The board may 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 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.

 

Notes of Decisions
Cited in 2 cases, 2013–2014 · leading case: Nat. Resources Def. Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Cent. Indiana Ethanol, Inc., 15 N.E.3d 555 (Ind. 2014).
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Nat. Resources Def. Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Cent. Indiana Ethanol, Inc., 15 N.E.3d 555 (Ind. 2014). · cites it 4× “CIE filed a motion for summary judgment, arguing that the General Assembly’s declaration — through Indiana Code § 13-17-3-4 — that fuel ethanol plants were not to be' considered as chemical process plants, and IDEM’s amendment of the Indiana Administrative Code to reflect the…”
Nat. Resources Def. Council v. Poet Biorefining-North Manchester, LLC Poet Biorefining-Cloverdale, LLC Cent. Indiana Ethanol, Inc., 987 N.E.2d 531 (Ind. Ct. App. 2013). · cites it 4× “Nonetheless, the trial court found “the Indiana legislature made its intent clear when it amended Indiana statute to specifically exclude ethanol production plants from the definition of ‘chemical process plant’ in Ind.Code § 13-17-3-4(3),” 5 {Id. at 11), and *537 IDEM amended…”
Ind. Code § 13-17-3-4(3): 1 case
Nat. Resources Def. Council v. Poet Biorefining-North Manchester, LLC Poet Biorefining-Cloverdale, LLC Cent. Indiana Ethanol, Inc., 987 N.E.2d 531 (Ind. Ct. App. 2013). “Nonetheless, the trial court found “the Indiana legislature made its intent clear when it amended Indiana statute to specifically exclude ethanol production plants from the definition of ‘chemical process plant’ in Ind.Code § 13-17-3-4(3),” 5 {Id. at 11), and *537 IDEM amended…”
Ind. Code § 13-17-3-4(e): 2 cases
Nat. Resources Def. Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Cent. Indiana Ethanol, Inc., 15 N.E.3d 555 (Ind. 2014). “CIE filed a motion for summary judgment, arguing that the General Assembly’s declaration — through Indiana Code § 13-17-3-4 — that fuel ethanol plants were not to be' considered as chemical process plants, and IDEM’s amendment of the Indiana Administrative Code to reflect the…”
Nat. Resources Def. Council v. Poet Biorefining-North Manchester, LLC Poet Biorefining-Cloverdale, LLC Cent. Indiana Ethanol, Inc., 987 N.E.2d 531 (Ind. Ct. App. 2013). “Nonetheless, the trial court found “the Indiana legislature made its intent clear when it amended Indiana statute to specifically exclude ethanol production plants from the definition of ‘chemical process plant’ in Ind.Code § 13-17-3-4(3),” 5 {Id. at 11), and *537 IDEM amended…”
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