Statement of Reasons FINAL

8/12/2019 Statement of Reasons FINAL

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STATEMENT OF REASONS

By failing to prepare, you are preparing to fail. -- Benjamin Franklin

IntroductionThe Earth Charter, which was developed by an international commission and adopted in 2000, is a declarationof fundamental ethical principles for building a just, sustainable and peaceful global society in the 21st century.The Earth Charter is centrally concerned with the transition to sustainable ways of living and sustainable humandevelopment. The mission of Earth Charter Indiana is to inspire and advance sustainable, just and peacefulliving in Indiana by promoting the values and principles of the Earth Charter.

Earth Charter Indiana began its new program, Youth Power Indiana, to provide a forum for young Hoosiers toexpress their stewardship of the Earth and exercise their civic responsibility by engaging in this legal process topetition the Indiana Environmental Rules Board to adopt a rule to address the causes and impacts of climatechange in Indiana. Their knowledge and passion sparks optimism and a deeper commitment to protect theirfutures.

The Earth Charter begins with this sobering truth: We stand at a critical moment in Earth's history, a timewhen humanity must choose its future. This statement could not be more appropriate as it relates to thisproposal for adoption of a rule to meaningfully address climate change. Climate change is the single greatestthreat and the single greatest challenge facing Indiana, the nation and our entire planet. The Petitioner believesHoosiers have the moral obligation, the resources and the resolve to address climate change for the sake offuture generations.

In the past, climate change has been the subject of debate, especially among those who influence or make publicpolicy. In preparing this Statement of Reasons, the Petitioner has cited recent and respected authorities that usesound science as the basis for their findings, forecasts and conclusions, in the hope that any debate will focusnot on the underlying facts or science, but rather on the best approach for responding to climate change andpreparing for its impacts on Hoosiers. With that as our premise, the following reasons are submitted in supportof the proposed rule.

1. Global climate change is occurring and causing global impacts, including impacts to Indiana. Even if

steps are taken immediately to mitigate the causes of global climate change, climate change and impacts

from climate change will continue and very likely become more intense in the years ahead.

Climate change, once considered an issue for the distant future, has moved firmly into the present. So beginsthe National Science and Technology Council and the U.S. Global Change Research Program most recentreport: Climate Change Impacts in the United States: The Third National Climate Assessment, published justone month ago, in May 2014.1

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3. Human-induced climate change is projected to continue, and it will acceleratesignificantly if global emissions of heat-trapping gases continue to increase.

5. Climate change threatens human health and well-being in many ways,including through more extreme weather events and wildfire, decreased airquality, and diseases transmitted by insects, food, and water.

7. Water quality and water supply reliability are jeopardized by climate change

in a variety of ways that affect ecosystems and livelihoods.

8. Climate disruptions to agriculture have been increasing and are projected tobecome more severe over this century.

10. Ecosystems and the benefits they provide to society are being affected byclimate change. The capacity of ecosystems to buffer the impacts of extremeevents like fires, floods, and severe storms is being overwhelmed.

12. Planning for adaptation (to address and prepare for impacts) and mitigation(to reduce future climate change, for example by cutting emissions) is becoming

more widespread, but current implementation efforts are insufficient to avoidincreasingly negative social, environmental and economic consequences.

(Exhibit 1, pp. 15 -17.)

A few months before The Third National Climate Assessmentwas published, another much-anticipated andimportant report was issued by the Intergovernmental Panel on Climate Change (IPCC). The IPCC states thatitsFifth Assessment Report(AR5) provides a clear and up to date view of the current state of scientificknowledge relevant to climate change. (Exhibit 2.) The AR5 consists of three Working Group (WG) reportsand will culminate later this year in a Synthesis Report (SYR, which will integrate and synthesize material inthe WG reports for policymakers. The SYR will be finalized by the end of October 2014.

The Working Group Reports include:

Climate Change 2013: The Physical Science Basis (WG 1)

Climate Change 2014: Impacts, Adaptation and Vulnerability (WG 2)

Climate Change 2014: Mitigation of Climate Change (WG 3)

(Exhibit 2.) Each WG Report contains, among other things, a Technical Summary and a Summary forPolicymakers. (SeeExhibits 2A through 2Q.) In addition, informative videos featuring international scientists

are available on the IPCC website or on YouTube at: https://www.youtube.com/watch?v=6yiTZm0y1YA(Climate Change 2013: The Physical Science Basis);https://www.youtube.com/watch?v=jMIFBJYpSgM(Climate Change 2014: Impacts, Adaptation and Vulnerability) andhttps://www.youtube.com/watch?v=gDcGz1iVm6U#t=31(Climate Change 2014: Mitigation of ClimateChange).

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These very recent and comprehensive reports provide a wealth of scientific information, which underscores thescope and urgency of the dire situation we face.

2. Climate change impacts vary in different regions across the country and the globe. Climate change

impacts to Indiana are affecting or will affect many aspects of our lives, including our health, our quality

of life and the economic viability of our businesses. Climate change affects air, water and land quality,

which in turn affects wildlife and plant life. Extreme weather conditions or events caused by or related to

climate change affect agriculture, manufacturing and other Indiana businesses, as well as public safety.

In February 2008, The Purdue Climate Change Research Center prepared a report entitled Impacts of ClimateChange for the State of Indiana. (Exhibit 4.) According to the report, as greenhouse gas concentrationscontinue to increase, potential impacts to Indiana include the following:

The number of extreme heat incidents will increase, while the number of extreme cold incidents willdecrease.

The conditions that generate severe thunderstorms will increase. Annual average precipitation will increase, resulting in an increased likelihood of flooding. Increased number of flooding incidents will intensify soil moisture deficits in Indiana. Loss of soil organic matter will increase. Detrimental effects on mussels, fish, and amphibians will occur in Indiana. High-pressure air stagnation incidents will increase, potentially increasing the number of pollution

incidents that affect human health.

(Exhibit 4, pp. 1, 2.) According to a 2009 report by The Union of Concerned Scientists, Indiana is projected toexperience more frequent and severe summer drought, increased winter and spring precipitation, springflooding, and altered growing seasons, resulting in more frequent extreme heat waves, and intensified pollutionand smog. (Exhibit 5.) Based on more recent research and findings, The Third National Climate Assessmentprovides detailed findings about climate change impacts in the Midwest. (See Exhibit 1, p. 11 and Chapter 18,pp. 418 - 440.)

Impacts on AgricultureHistorically, agriculture has been extremely important to Indianas culture as well as to its economy.Approximately fifty-six percent of Indiana is farmland, and the state is one of the largest producers of corn andsoybeans in the United States. (See Exhibit 5, p. 7.)

In the short-term, the Indiana growing season could lengthen, with spring conditions occurring earlier. Thispotentially could be beneficial to farmers. However, it is likely to be negated by increased drought in thesummers as well as more frequent heavy rain falls, which will result in flooding. (Exhibit 1, p. 11.)Economically, Indiana stands to lose billions of dollars in the agriculture sector in the coming decades.According to the reports by the Purdue Climate Change Research Center (Exhibit 4.) and the Union ofConcerned Scientists (Exhibit 5.):


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Corn crop fails at 95F (yields begin to decline at 92F and fall sharply at 100F), with the risk increasingthe longer the heat lasts. (Exhibit 5, pp. 7,8.)

Heat waves of 3 days or more have become increasingly common over the last 6 decades and willcontinue to increase in frequency, meaning potentially massive crop losses. By mid-century, corn yieldsin Indiana may fall as much as 50%. (Exhibit 5, p. 8.)

Milk production begins to suffer when temperatures exceed 75 80F. (Exhibit 5, p. 8.) Hotter, drier summers also mean an overall loss of organic matter and poorer soil quality as respiration

increases. (Exhibit 4, pp. 1.)

The corn earworm is resistant to many pesticides and result in costly crop damage. (Exhibit 4, p. 14.) Warmer temperatures will lead to a greater weed population and in some cases may result in weeds

outcompeting soybean crop. Yield loss from weeds result in billions of lost profit in the U.S., andadditional billions are spent on weed management. (Exhibit 4, pp. 19-20.)

Along with increased heat, rainfall is expected to increase in the winter and spring months and decreasein summer in Indiana. Already, heavy downpours are twice as frequent in the Midwest than a centuryago. This causes more frequent flooding, causing property values to suffer. (Exhibit 5, p. 6.)

Many of these changes have already been observed when compared with the historical baseline (1960s 1991), and result in major crop damage, property damage, health problems, and substantial economicand ecological loss. (Exhibit 5, p. 2)

In 1988, crop yields dropped dramatically, with corn and soybeans falling below three quartersof their average annual yields for the period 19781997 (U.S. Department of Agriculture. 2009.

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The drought of June 2008 affected about 9 percent of the states farmland and was called adisaster for Indiana agriculture (National Oceanic and Atmospheric Administration. 2008.Monthly report of river and flood conditions: June 2008. Indianapolis: National Weather Service.

July 11. Online at-,,7$QRR'0)/.,&B.3(;B78(%8&B&%8R'0)/.,&R%(183-,RI>>TB7%9B) From The White House: In 2008, 82 of Indianas 92 counties were declared as Presidential

disaster areas due to winter weather, severe storms, and flooding. 17,000 families suffereddamage to their residence, and housing became a significant challenge for the state. This costthe state over $1.9 billion, including crop losses that exceeded $300 million. Damage to publicinfrastructure totaled more than $325 million. (The White House. The Threat of Carbon

Pollution: Indiana. Online athttp://www.whitehouse.gov/sites/default/files/docs/state-reports/climate/Indiana%20Fact%20Sheet.pdf.)

In the wake of 2012 drought conditions, Indianas corn, soybean, winter wheat, and alfalfa hayproduction fell by 29%, 7%, 19%, and 32% respectively. (The White House. The Threat ofCarbon Pollution: Indiana. Online athttp://www.whitehouse.gov/sites/default/files/docs/state-reports/climate/Indiana%20Fact%20Sheet.pdf.)

(See also,Exhibit 1, Chapter 18 Midwest, pp. 420, 421.)
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Impacts to Manufacturing and Other BusinessFor a discussion about the potential costs of climate change impacts on the manufacturing sector, specificallythe auto industry, see a report just published by Business Forward Foundation titled Severe Weather andManufacturing in America: Comparing the Cost of Drought, Storms and Extreme Temperatures with the Cost ofNew EPA Standards. (Exhibit 7.)

Impacts to Human HealthIndiana climate projections predict an increase in the number and severity of heat waves in the coming decades.

Health risks associated with extreme heat include dehydration, heat exhaustion, heatstroke, and hyperthermia.

It is known that more people die from heat-related causes each year than hurricanes, tornadoes, andfloods combined (Centers for Disease Control and Prevention. 2006a. Heat-related deaths: UnitedStates, 19992003.MMWR Weekly 55(29):796798. Online at-,,7QRRDDDB'%'B31TVIVE"9&>>AWEW&>YZ7&+U1'8/&+,B)

In Indianapolis, the states largest metropolitan area, there has been an increase in stagnant high-pressureair masses, which amplify exposure to pollutants in addition to worsening smog. (Exhibit 4, p. 22.)Some effects of smog include high ground-level ozone and elevated particulate matter levels. (Exhibit5.)
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In a number of counties, ground-level ozone has been found to exceed the standard of health set by theEPA, and can cause burning in lungs and premature mortality in vulnerable populations. (Exhibit 5, pp.5.)

(See also,Exhibit 1, Chapter 18 Midwest p. 423.)

Impacts to Ecological IntegrityExtinction of native species and the proliferation of invasive species are of global concern. Our ecological

systems in Indiana are not immune from the impacts of climate change.

Organisms that are known to be affected by increased overall temperature include mussels, lake andbrown trout, northern pike, walleyes, turtles, birds (particularly wetlands), and a variety of mammals.(Exhibit 4, pp. 15,16.)

The EPA warns that increased ozone could damage ecosystems and agriculture in the state. (Exhibit 5,pp. 5.)

Aside from losing precious natural ecology, Indiana stands to lose economically. Hunting and birdwatching are activities enjoyed by many Hoosiers, and they both will be affected adversely resulting in a

loss of profit in those sectors. (La Rouche GP. 2003. Birding in the United States: a demographic andeconomic analysis. GP USFWS Report 2001-1.)

Mammals are natural managers of crop pests but are becoming scarce. For example, a colony of bigbrown bats consumes enough beetles to prevent 33 million rootworm larvae from feeding on corn.(Exhibit 4, pp. 17.)

The full implications of species reshuffling in natural ecosystems are hard to predict, but it is likely thatIndiana ecosystems will suffer from a harmed plant-pollinator relationship. (Exhibit 4, pp. 18.)

(See also,Exhibit 1, Chapter 18 Midwest p. 422.)

In conclusion, because of the many variables and complexities contributing to climate change, it is impossibleto know the extent and timing of the climate change impacts we face in Indiana. Indeed, climate change can beamplified or reduced by societal decisions. In light of the current impacts and the future impacts Indiana canexpect to experience as a result of climate change, Petitioner believes it would be prudent to weigh the costs(economic, ecological and human) from doing nothing and simply reacting to impacts as they occur, with thecost of effectively responding to climate change and preparing for climate change impacts. For these reasons, itis imperative that Indiana begins immediately planning how we will respond to and prepare for climate changeand its impacts.

Planning is bringing the future into the present so that you can do something about it now. --Alan Lakein

3. A Climate Action Plan can be an effective mechanism for responding to and preparing for climate

change. According to the Center for Climate and Energy Solutions, 34 states and the District of

Columbia have completed Climate Action Plans. Likewise, the President and several federal agencies

have adopted Climate Action Plans.

Many states and local governments have adopted and are implementing climate action plans. (See EPAhttp://www.epa.gov/statelocalclimate/local/local-examples/action-plans.html.) Likewise, in June 2013, thePresident issued his Climate Action Plan (Exhibit 17), which directed federal agencies to integrate climate
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action into their responsibilities. As an example, the US Department of Defense is particularly concernedabout climate change because:

Our mission at the Department is to secure this nation against threats to our homeland andto our people. In the 21st Century, the reality is that there are environmental threats whichconstitute threats to our national security. For example, the area of climate change has adramatic impact on national security: rising sea levels, to severe droughts, to the melting ofthe polar caps, to more frequent and devastating natural disasters all raise demand for

humanitarian assistance and disaster relief.

Secretary Leon Panetta, May 2, 2012, at an Environmental Defense Fund event honoring the DefenseDepartment. The Department developed and uses its Climate Change Adaptation Roadmap to integrateclimate change into its programs. (Exhibit 18.)

According to the Center for Climate and Energy Solutions, Indiana is one of sixteen states that does not have aclimate action plan. In fact, as of November 2013, Indiana is one of only six states that has not adopted any ofthe following: greenhouse gas (GHG) emissions targets, GHG emission caps for electricity production,climate action or adaptation plans, climate change commissions or advisory groups, nor has Indiana participatedin regional climate initiatives or GHG reporting registries. (Exhibit 12, p. 5156.)

Yet, the dire need for a comprehensive, statewide plan in Indiana is demonstrated by the following facts:

Indiana is ranked 5thin the nation in CO2 emissions. Our per capita emissions (44 metric tons of CO2)are the highest in the midwest, (Energy Information Administration (EIA). 2008b. H.1co2 world carbondioxide emissions from the consumption and flaring of fossil fuels, 19802006. International energy

annual 2006. December 8. Online at-,,7QRRDDDB&).B31


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Thus, at present Indiana is contributing to climate change through its greenhouse gas emissions, andundoubtedly at a rate that far exceeds any mitigation efforts occurring in the state.

Responses to climate change include two primary components (1) mitigation measures to reduce futureclimate change by reducing greenhouse gas emissions or increasing removal of carbon dioxide from theatmosphere; and (2) adaptation measures to improve the ability to cope with or avoid harmful impacts and totake advantage of positive impacts. (Exhibit 1, p. 5.) According to the IPCCs AR5, together, both approaches

can contribute to the development of societies that are more resilient to the threat of climate change andtherefore more sustainable. (Exhibit 2J FAQ 10, p. 3.)The Petitioner proposes the adoption of a rule that includes at least the following essential components, with aspecific timeline for each:

1. Development and adoption of a statewide, comprehensive Climate Action Plan for Indiana (IndianasClimate Action Plan)

Be developed with the help and oversight of a panel of scientists, energy experts and representatives ofkey constituencies as identified by the Environmental Rules Board and with opportunities for publicinput and involvement

Include: An executive summary (overview with key findings and plans/goals) GHG inventory (contributions from different sectors) Scenarios and impacts (current path, 20% reduction, etc.)

Include recommendations for both mitigation and adaptation strategies, including bridge strategiesthat can be implemented while long-term solutions are being developed (See Textbox below.)

Include cost/benefit analysis (monetary, social and environmental)

X.$&% 1+ 7(&0)/)+.(; (&$&.('-4 Petitioner suggests consideration of the following strategies:o Management of water resources -- address the management of Indianas water resources to best prepare people,

industry, and agriculture for both drought and flood associated climate change.

Heavy rainfalls increase pollutant-containing runoff into waterways and also results in an overflow ofsewage systems.o Preparation of agriculture for the appearance of new insect pests and blights -- it is predicted that climate

change will lead to an increase in plant stress that will lead to reduced plant resistance to insect herbivores andan increase in loss of plant life (Exhibit 4, p.14)

o Planning of refuge and other strategies to try to retain the native biodiversity of the state -- the fullimplications of species reshuffling in natural ecosystems are hard to predict, but it is likely that Indianaecosystems will suffer from a damaged plant-pollinator relationship (Exhibit 4, p. 17)

Programs to encourage forest management, reforestation, tree- and grass-planting Development of and emphasis on existing conservation programming

o Diversification of Indianas energy portfolio Invest in Clean Energy Impose CO2 emission performance standards for electricity generation or procurement (new

generation only) Encourage methane capture from coal mines, landfills, livestock farms and wastewater treatment

plants. Continue to invest in renewable energy sources, such as solar energy, biodiesel, and wind farms

o Improving Energy Efficiency Implement energy efficiency standards for appliances and equipment Establish residential and commercial energy efficiency construction codes, including energy

efficiency building codes/standards for existing government buildings. Promote energy conservation and efficiency programs for existing state facilities

o Increase availability of public transit encourage smart growth initiatives and expansion of mass transit


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2. Implementation of Indianas Climate Action Plan

Implementation should begin as soon as possible after approval. Goals must be measurable and viable and must include specific objectives for all sectors (e.g., policy;

energy; transportation and land use; agriculture, forestry, waste management; residential, commercial,and industrial; and cross-cutting issues)

3. Tracking Progress of Indianas Climate Action Plan

Periodic review of the Climate Action Plan is crucial in order to assess improvements as well assetbacks.

Adjustments may be necessary to assure that the implemented recommendations are on target to achievespecific goals.

4. Process for Evaluating and Revising Indianas Climate Action Plan

Inventory of GHG emissions should be conducted every year Projections of emissions should be adjusted every 2-3 years based on new data Recommendations will be revised as new data becomes available

4. Excellent resources are available to guide Indianas efforts in developing, implementing and tracking

progress of a Climate Action Plan. In addition, there are excellent examples of other state Climate

Action Plans available, including one from Kentucky, a neighboring state with many circumstances and

characteristics similar to Indianas.

As cited above, U.S. EPA has links to many if not all state and local climate action plans. (See EPAhttp://www.epa.gov/statelocalclimate/local/local-examples/action-plans.html.) In addition, EPA has specificinformation about developing a climate action plan, which is included as Exhibit 15 and can be found at:http://www.epa.gov/statelocalclimate/state/activities/action-plan.html. EPA also has a draft workbook fordeveloping risk-based adaptation plans. Although it is geared primarily at adaption measures for estuaries, it

has very useful information and guidance that would apply in most any context, such as conducting avulnerability assessment on a watershed level. (SeeExhibit 16.)

Adopted in 2008 and updated in 2011, another useful publication is the American Planning AssociationsPolicy Guide on Planning & Climate Change. (SeeExhibit 13.)

Finally, although planning for climate change and its impacts must be specific to the circumstances of each stateor region, we can learn much from those states that have developed and are implementing climate action plans.Kentuckys Climate Action Plan, first developed in 2008, is particularly instructive because of its similarities toIndiana. In addition, it offers insights based on its evolution over time. Several documents are included asExhibits, including information on the process, annual reports and plans to address specific issues, such as

drought. (See Exhibits 19 through 19H.) Also included as a comparison is Colorados Climate Action Plan.(Exhibit 20.)

5. The successful development and implementation of a Climate Action Plan requires that the process be

robust, inclusive, and have broad public support. Petitioner believes that the Indiana Environmental

Rules Board is uniquely qualified and positioned to lead the state to the successful development and

completion of a state-wide comprehensive Climate Action Plan that will serve as Indianas roadmap to a

healthy and sustainable future. The Environmental Rules Board has the legal authority to adopt a rule

setting forth the process and requiring the development and implementation of a Climate Action Plan.
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The composition of the Environmental Rules Board ensures that important stakeholders are represented

and provides the technical expertise necessary to establish and oversee a robust process. Finally, the

applicable rule-making procedures ensure that the public will have ample notice and opportunity for

involvement in this critical issue for our state.

Legal AuthorityThe Environmental Rules Board is Indianas expert with respect to promulgating rules that implement andachieve Indianas statutory environmental framework. The following provisions in Indiana Code Title 13 (with

emphasis added) provide the foundational state policies with respect to the environment and the scope ofresponsibility and legal authority delegated to the Environmental Rules Board.

- General Statutory Policies and ProvisionsIC 13-12-3-1The purpose of [Title 13] is:

(1) to provide for evolving policies for comprehensive environmental development and control on

a statewide basis;(2) to unify, coordinate, and implement programs to provide for the most beneficial use of the resourcesof Indiana; and

(3) to preserve, protect, and enhance the quality of the environment so that, to the extent possible,future generations will be ensured clean air, clean water, and a healthful environment .

IC 13-12-4-1The purposes of this chapter are the following:

(1) To declare a state policy that will encourage productive andenjoyable harmony between humans and the environment.(2) To promote efforts that will prevent or eliminate damage tothe environment and biosphere and stimulate the health andwelfare of humans.(3) To enrich the understanding of the ecological systems and

natural resources important to Indiana.

IC 13-12-4-2The general assembly recognizesthe following:

(1) The profound impact of human activity on the interrelationsof all components of the natural environment, particularly theprofound influences of the following:

(A) Population growth.(B) High-density urbanization.(C) Industrial expansion.(D) Resource exploitation.

(E) New and expanding technological advances.(2) The critical importance of restoring and maintainingenvironmental quality to the overall welfare and developmentof humans.(3) That each person should enjoy a healthful environment.

(4) That each person has a responsibility to contribute to thepreservation and enhancement of the environment.

IC 13-12-4-3


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The general assembly declares that it is the continuing policy of the state, in cooperation with the federal andlocal governments and other concerned public and private organizations, to use all practicable means andmeasures, including financial and technical assistance, in a manner calculated to do the following:

(1) Foster and promote the general welfare.(2) Create and maintain conditions under which humans andnature can exist in productive harmony.(3) Fulfill the social, economic, and other requirements ofpresent and future generations of Indiana citizens.

IC 13-12-4-4To carry out the policy set forth in this chapter, it is the continuing responsibility of the state to use allpracticable means, consistent with other essential considerations of state policy, to improve and

coordinate state plans, functions, programs, and resources to the end that the state may do the following :(1) Fulfill the responsibilities of each generation as trustee ofthe environment for succeeding generations.(2) Assure for all citizens of Indiana safe, healthful, productive,and esthetically and culturally pleasing surroundings.(3) Attain the widest range of beneficial uses of theenvironment without degradation, risk to health or safety, or

other undesirable and unintended consequences.(4) Preserve important historic, cultural, and natural aspects ofour national heritage and maintain, wherever possible, anenvironment that supports diversity and variety of individualchoice.(5) Achieve a balance between population and resource use thatwill permit high standards of living and a wise sharing of life'samenities.(6) Enhance the quality of renewable resources and approachthe maximum attainable recycling of depletable resources.

- Policies and Authority Applicable to the Environmental Rules BoardIC 13-12-4-5To the fullest extent possible:

(1) the policies, rules, and statutes of the state shall be

interpreted and administered in accordance with the policies setforth in this chapter; and(2) all state agencies shall do the following:

(A) Use a systematic, interdisciplinary approach that willensure the integrated use of the natural and social sciencesand the environmental design arts in planning and decisionmaking that may have an impact on the environment.

IC 13-14-8-4In adopting rules and establishing standards, a board shall take into account the following:

(1) All existing physical conditions and the character of the areaaffected.(2) Past, present, and probable future uses of the area, includingthe character of the uses of surrounding areas.(3) Zoning classifications.(4) The nature of the existing air quality or existing water


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quality, as appropriate.(5) Technical feasibility, including the quality conditions thatcould reasonably be achieved through coordinated control of allfactors affecting the quality.(6) Economic reasonableness of measuring or reducing anyparticular type of pollution.

(7) The right of all persons to an environment sufficiently uncontaminated as not to be injurious to:

(A) human, plant, animal, or aquatic life; or(B) the reasonable enjoyment of life and property.

IC 13-14-8-7(a) Without limiting the generality of the regulatoryauthority of the board under this title, the board may adopt rulesunder IC 4-22-2 and IC 13-14-9 prescribing the following:

(1) Standards or requirements for discharge or emissionspecifying the maximum permissible short term and long termconcentrations of various contaminants of the air, water, orland.

(2) Procedures for the administration of a system of permits for:(A) the discharge of any contaminants;(B) the construction, installation, or modification of any:

(i) facility;(ii) equipment; or(iii) device;

that may be designed to control or prevent pollution; or(C) the operation of any:

(i) facility;(ii) equipment; or(iii) device;

to control or to prevent pollution.(3) Standards and conditions for the use of any fuel or vehicledetermined to constitute an air pollution hazard.(4) Standards for the filling or sealing of abandoned:

(A) water wells;(B) water holes; and(C) drainage holes;

to protect ground water against contamination.(5) Alert criteria and abatement standards for pollution episodesor emergencies constituting an acute danger to health or to theenvironment, including priority lists for terminating activities

that contribute to the hazard, whether or not the activities wouldmeet all discharge requirements of the board under normalconditions.(6) Requirements and procedures for the inspection of anyequipment, facility, vehicle, vessel, or aircraft that may cause orcontribute to pollution.(7) Requirements and standards for equipment and proceduresfor:

(A) monitoring contaminant discharges at their sources;


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(B) the collection of samples; and(C) the collection, reporting, and retention, in accordance

with record retention schedules adopted under IC 5-15-5.1,of data resulting from that monitoring.(8) Standards or requirements to control:

(A) the discharge; or(B) the pretreatment;

of contaminants introduced or discharged into publicly owned

treatment works.

Clearly, the Environmental Rules Board has the authority to adopt a rule providing for the development andimplementation of a Climate Action Plan. In fact, based upon the policies reflected in the statutory provisionscited above, the Petitioner believes the Environmental Rules Board must adopt the proposed rule in order toensure that future generations will be ensured clean air, clean water, and a healthful environment, [f]ulfill theresponsibilities of each generation as trustee of the environment for succeeding generations, and honor [t]heright of all persons to an environment sufficiently uncontaminated as not to be injurious to (A) human, plant,animal, or aquatic life; or (B) the reasonable enjoyment of life and property.

Respectfully submitted: June 11, 2014(Corrected June 18, 2014)

Statement of Reasons FINAL

Documents

Transcript of Statement of Reasons FINAL