-IR- Database Guide
-IR- Database: Indiana Register

TITLE 327 WATER POLLUTION CONTROL DIVISION

IC 13-14-9.5 NOTICE OF FINAL READOPTION
LSA Document #18-171(F)


Readopts rules in anticipation of IC 13-14-9.5-2, providing that an administrative rule adopted under IC 13-14-9 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.

PURPOSE OF NOTICE
Under IC 13-14-9.5-4(c), the Indiana Department of Environmental Management (IDEM) is publishing a notice of readoption of rules in Title 327 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted:

READOPTED RULES:
  327 IAC 8-1  Public Water Supply Direct Additive and Indirect Additive Standards 
  327 IAC 8-3.1  Permitting Authority of Units for Water Main Extension Construction 
  327 IAC 8-4  Approval of Public Water Supply Plans 
  327 IAC 8-6  Improvements of Public Water Supply Systems or Treatment Works Under Order of the DEM 
  327 IAC 8-11  Water Purification and Treatment Works; Operation; Requirements 
  327 IAC 12.1-1  Purpose and Applicability 
  327 IAC 12.1-2-1  Definitions 
  327 IAC 12.1-2-2  "Available to the public" defined 
  327 IAC 12.1-2-4  "Claim of confidentiality" or "claim" defined 
  327 IAC 12.1-2-5  "Commissioner" defined 
  327 IAC 12.1-2-6  "Contaminant" defined 
  327 IAC 12.1-2-7  "Contractor" defined 
  327 IAC 12.1-2-8  "Department" defined 
  327 IAC 12.1-2-9  "Effluent data" defined 
  327 IAC 12.1-2-10  "Information" defined 
  327 IAC 12.1-2-11  "Person" defined 
  327 IAC 12.1-2-12  "Pollutant" defined 
  327 IAC 12.1-2-13  "Public record" defined 
  327 IAC 12.1-2-14  "Standard or limitation" defined 
  327 IAC 12.1-2-15  "Trade secret" defined 
  327 IAC 12.1-3  Access to Public Records 
  327 IAC 12.1-4  Confidentiality Claims 
  327 IAC 12.1-5  Types of Confidential Information 
  327 IAC 12.1-6  Determinations on Claim of Confidentiality 
  327 IAC 12.1-7  Appeals 
  327 IAC 12.1-8  Authorized Disclosure of Confidential Information 
  327 IAC 12.1-9  Wrongful Disclosure Penalties 
  327 IAC 12.1-10  Confidentiality Agreements 
  327 IAC 19  CONFINED FEEDING OPERATIONS 

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5.

HISTORY
First Notice of Comment Period: April 11, 2018, Indiana Register (DIN: 20180411-IR-327180171BNA).

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
This rulemaking is required under IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. The rules listed to be readopted have an expiration date of January 1, 2019. IDEM has chosen to readopt all affected rules at one time rather than readopt each rule separately as its expiration date approaches.
Under IC 13-14-9.5-4, the department or board that has rulemaking authority under Title 13 may readopt all rules subject to expiration under one rule that lists all rules that are readopted by their titles and subtitles only. If no comments are received during the first comment period, IDEM may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.

STATUTORY AND REGULATORY REQUIREMENTS
IC 13-14-9.5-4 requires that the following procedures be followed to readopt rules:
(1) A notice listing all rules to be readopted by their titles and subtitles must be submitted to the Publisher for publication in the Indiana Register.
(2) If a person submits a written request and a basis for the request during the first comment period that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking, the agency shall:
(A) consider readoption of that rule separately from the readoption rule; and
(B) follow the procedure for adoption of administrative rules under IC 13-14-9 with respect to that rule.
(3) If no written request is provided within the first comment period, the agency may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.

NOTICE OF READOPTION
The following rules received no comments during the first notice of comment period requesting that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking and are not exempt from the readoption process under IC 13-14-9.5:
Therefore, the above-listed rules are readopted under IC 13-14-9.5-4. The rules have been submitted to the Publisher for filing and are effective 30 days after that filing date. The rules will remain in effect until their next expiration date, January 1, 2025. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at IC 13-14-9.

LSA Document #18-171(F)
First Notice of Comment Period: 20180411-IR-327180171BNA
Filed with Publisher: June 6, 2018, 1:59 p.m.

Posted: 07/04/2018 by Legislative Services Agency

DIN: 20180704-IR-327180171BFA
Composed: Jan 28,2023 4:01:51PM EST
A PDF version of this document.