Authority: IC 13-15-2-1; IC 13-17-3-4

Affected: IC 4-21.5; IC 13-12; IC 13-17-9

Sec. 4.3. The commissioner may delegate the authority to issue open burning approval letters in accordance with this section to a local health department, fire department, solid waste management district, or other agency upon a demonstration that the agency:

1. (1) has the necessary legal authority and resources to implement an approval program that is at least as protective of the public health, welfare, and the environment as the provisions of this rule; and
2. (2) commits to implement the program described in subdivision (1) and to follow the public notification procedures of IC 4- 21.5 in the issuance of approval letters.

The commissioner may establish conditions for the delegation and may revoke any such delegation if the commissioner determines that any condition has not been satisfied or the circumstances under which the delegation was issued have changed.

(Air Pollution Control Division; 326 IAC 4-1-4.3; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3344; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)