HB 1378 - Regulation of Confined Feeding Operations - Update for week of Feb. 11, 2019

  • Print

HB 1378 is on the agenda for the House Environmental Affairs Committee for February 13 in room 156-A of the Statehouse.  Meeting starts at 1:30 pm.  This bill is one of several on the agenda.

http://iga.in.gov/legislative/2019/committees/environmental_affairs_0700

http://iga.in.gov/legislative/2019/bills/house/1378#digest-heading

Regulation of confined feeding operations. Amends the law on confined feeding operations (CFOs), which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses. Provides for the department of environmental management (IDEM) to issue CFO permits instead of "approvals". Provides that a person that owns a CFO, owns the livestock in a CFO, applies for a permit, permit renewal, or permit modification for a CFO, or is otherwise in direct or responsible charge of a CFO is a "responsible party" with respect to the CFO and must disclose certain information. Provides that a person may not start construction or operation of a CFO without obtaining a permit from IDEM and may not modify a CFO without obtaining a permit modification from IDEM. Provides that the application for a permit or permit modification must be accompanied by: (1) plans and specifications prepared or certified by a professional engineer; (2) certain site-specific information; and (3) a site-specific air pollution control plan. Requires IDEM to: (1) provide public access to a permit application through IDEM's virtual file cabinet; (2) publish a notice requesting public comments on the application; (3) allow interested persons to submit written comments; and (4) hold a public hearing on the permit application upon written request. Requires the commissioner of IDEM (commissioner) to deny an application for a permit or permit modification if the proposed activity would substantially endanger public health or the environment. Authorizes IDEM to revoke a CFO permit if necessary to prevent or abate a substantial endangerment to public health or the environment. Requires the environmental rules board (board) to adopt rules establishing: (1) limits on hydrogen sulfide, volatile organic compounds, and ammonia emissions; and (2) requirements and prohibitions applying to new CFOs, CFOs proposed for expansion, and other existing CFOs. Provides that the rules must prohibit a new or expanded CFO from being located within one mile of a residence unless the owner of the residence consents to a lesser setback or the commissioner determines that the CFO's air pollution control plan will prevent the CFO from exceeding the limits on hydrogen sulfide, volatile organic compounds, and ammonia emissions established by the rules of the board. Makes technical corrections.