New Indiana Environmental Rules Board Established January 1, 2013
By Jennifer Kahney Thompson, Attorney, Bingham Greenebaum Doll LLP
Pursuant to IC 13-13-8 the Indiana Air Pollution Control Board, Solid Waste Management Board and Water Pollution Control Board were all abolished effective January 1, 2013. A new consolidated Environmental Rules Board was established and became effective on that same day.
The new appointees to the Indiana Environmental Rules Board (“Board”) are as follows:
Chairperson of the Board
- General public representative: Beverly Gard, Greenfield, former Indiana State Senator and former Chair of the State Senate Energy and Environmental Affairs Committee.
Vice Chair of the Board
- Small business representative: Bill Etzler, LaOtto, Vice President and Regional Manager for Aqua Indiana.
- Local government representative: Joanna Alexandrovich, Evansville, Ozone Officer at the Vanderburgh County Health Department.
- Environmental interests representative: Tom Anderson, Michigan City, owner of Conservation Connections, LLC, a conservation consulting group.
- Manufacturing representative: Gail Boydston, Indianapolis, Manager of Environmental Services at Eli Lilly.
- Public utility representative: Kelly Carmichael, Merrillville, Director of Environmental Policy and Permitting at NiSource, Inc.
- Solid waste management industry representative: Cal Davidson, Clayton, Recycling Manager at Ray’s Trash Service.
- Labor representative: Chris Horn, Lynnville, recently retired from ALCOA Aluminum.
- Health professional representative: Ted Niemiec, East Chicago, Medical Director and Manager of Health Services at ArcelorMittal Indiana Harbor.
- General public representative: Gary Powdrill, former member of the Indiana Water Pollution Control Board and Indiana State Chamber of Commerce Environmental Committee.
- Agricultural representative: Ken Rulon, Arcadia, operates a family owned farm, Rulon Enterprises.
Terms expire December 31, 2016.
Additionally the Board will include the following ex officio members:
- the Commissioner of the State Department of Health;
- the Commissioner of the Indiana Department of Environmental Management (non-voting member);
- the Director of the Indiana Department of Natural Resources;
- the Indiana Lieutenant Governor; and
- the Indiana Secretary of Commerce.
Pursuant to IC 13-13-8 the Board is to be comprised of 16 members, 11 of whom are gubernatorial appointees from various industries and the general public, and five ex officio members. No more than six of the appointed members of the board may be members of the same political party. Eight members of the Environmental Rules Board, five of whom must be appointed members, constitute a quorum for rulemaking purposes.
The Board is expected to meet for the first time in February 2013. However, shortly after Governor Mike Pence’s inauguration on January 14, 2013, he issued an executive order placing a moratorium on new regulations, and announced plans to initiate a process to review all existing regulations, with the exception of federal mandates not subject to a waiver request, rules needed to reduce the cost or burden on job creation, and rules to address emergency health or safety concerns. Therefore, the new Board will face additional hurdles in promulgating rules.
To view a complete PDF of the Fourth Quarter 2012 issue of the Air Quality Letter, click HERE.