Sec. 2. The department may not issue a permit for the construction or the operation of a thermal oxidation unit that would be used only to remediate soil contaminated by petroleum or a petroleum byproduct if the thermal oxidation unit would be constructed or operated in a county that:

(1) has a population of:

(A) more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); or

(B) more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000); and

(2) is located in an air quality control area that has been classified as a nonattainment area under the federal Clean Air Act (42 U.S.C. § 7401 et seq.);

unless it can be demonstrated that the thermal oxidation unit is in compliance with a state implementation plan submitted under Section 182 of the federal Clean Air Act (42 U.S.C. § 7511a).

[Pre-1996 Recodification Citation: 13-7-10-6(b).]

As added by P.L.1-1996, SEC.7. Amended by P.L.170-2002, SEC.87; P.L.119-2012, SEC.111; P.L.104-2022, SEC.82.