2011 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 27. INDUSTRIAL POLLUTION PREVENTION AND SAFE MATERIALS
CHAPTER 8. ENVIRONMENTAL PERFORMANCE BASED PROGRAMS

IC 13-27-8
Chapter 8. Environmental Performance Based Programs

IC 13-27-8-1
Department development of environmental performance based programs
Sec. 1. The department:
(1) may, to encourage continuous and sustainable environmental progress through the development and use of an environmental management system, develop and implement an environmental performance based program that:
(A) is consistent with the policies of this article; and
(B) is based on the national environmental performance track program developed by the United States Environmental Protection Agency; and
(2) may develop and implement other environmental performance based programs, including programs that promote any of the following:
(A) Pollution prevention.
(B) Waste minimization.
(C) Environmental management systems.
(D) Advanced environmental compliance.
As added by P.L.100-2006, SEC.12.

IC 13-27-8-2
Participation in program not required
Sec. 2. A person may not be required to participate in a program developed and implemented under section 1 of this chapter.
As added by P.L.100-2006, SEC.12.

IC 13-27-8-3
Program rulemaking by the boards
Sec. 3. (a) The following may adopt rules to implement this chapter to the extent consistent with federal law:
(1) The boards.
(2) The underground storage tank financial assurance board established by IC 13-23-11-1.
(b) The rules adopted by the entities under subsection (a) may establish the following:
(1) Eligibility requirements for participation in environmental performance based programs.
(2) Compliance methods and schedules that:
(A) differ from compliance methods and schedules that apply to nonparticipants in environmental performance based programs under rules adopted by the boards;
(B) apply only to participants in environmental performance based programs; and
(C) include any of the following:
(i) Changes to monitoring and reporting requirements and schedules. (ii) Streamlined submission requirements for permit renewals.
(iii) Prioritized applications.
(iv) Authorization to make without prior governmental approval certain operational changes that do not result in additional environmental impact.
(3) Recognition incentives to encourage participation in environmental performance based programs.
(4) Other incentives consistent with the policies of this title and federal law to encourage participation in environmental performance based programs.
(5) Requirements for participants in environmental performance based programs to implement any of the following:
(A) Continuous improvement environmental systems.
(B) Pollution prevention and waste minimization programs developed under IC 13-27-7.
As added by P.L.100-2006, SEC.12.