Applicability of Chapter; Limitations

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Sec. 3. This chapter does not do any of the following:

(1) Limit the scope of a person's liability for criminal penalties or for civil penalties under IC 13-30-4, IC 13-30-5, and IC 13-30-8.

(2) Excuse or prohibit enforcement of violations of any state or federal health based or technology based standard, including national primary and secondary ambient air quality standards.

(3) Excuse a facility or source for failure to obtain in advance a construction permit required by the prevention of significant deterioration or new source review requirements of the federal Clean Air Act under 42 U.S.C. 7470 et seq. (Part C) or 42 U.S.C. 7501 et seq. (Part D).

(4) Apply to an individual facility at a source:

(A) that has potential emissions of more than one hundred (100) tons per year of any regulated pollutant;

(B) to which the board had established permit requirements under rules in effect on January 1, 1994; and

(C) that never received an operating permit under 326 IAC 2-1-4 as in effect on January 1, 1994.

[Pre-1996 Recodification Citation: 13-10-4-1(d).]

As added by P.L.1-1996, SEC.7. Amended by P.L.137-2007, SEC.9.


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