(1) sell; or

(2) manufacture for sale;

in Indiana the compound PCB.

     (b) Except as provided in subsections (c), (d), (e), and (f), a person may not:

(1) sell;

(2) manufacture for sale; or

(3) use;

an item, a product, or a material in the person’s business in Indiana if the item, product, or material contains a concentration of PCB equal to or greater than one hundred (100) ppm.

     (c) The board may adopt rules to prescribe a lower maximum concentration of PCB for a specific item, product, or material if the board finds the one hundred (100) ppm concentration provided in subsection (b) to be inadequate to protect the public health, safety, and welfare from the toxic dangers of the PCB contained in the item, product, or material.

     (d) An item, a product, or a material for which a lower maximum concentration of PCB is prescribed by federal law or regulation may not contain a concentration of PCB higher than the federal maximum.

     (e) PCB or an item, a product, or a material containing PCB may be:

(1) manufactured;

(2) sold for use; or

(3) used;

in Indiana if the PCB or item is used in a closed system as a dielectric fluid for an electric transformer or capacitor under rules adopted by the board to insure the public health, safety, and welfare.

     (f) An item, a product, or a material containing PCB may be:

(1) manufactured for sale;

(2) sold for use; or

(3) used;

in a business in Indiana under an exemption certificate issued by the commissioner under section 3 of this chapter or IC 13-7-16.5-4 (before its repeal).

[Pre-1996 Recodification Citation: 13-7-16.5-3.]

As added by P.L.1-1996, SEC.10.