TITLE 327 WATER POLLUTION CONTROL BOARD

This is a notice of rule review as described in IC 13-14-9.5-1.1, which describes types of rules that do not expire after seven years. These types of rules are: (1) rules required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; and (2) rules required to begin or continue receiving federal funding for implementation or operation of a program.

The Indiana Department of Environmental Management (IDEM) is required to publish a list of these rules that have been effective for seven years and request comment, in a 30 day comment period, on any specific rule that should be reviewed through the regular rulemaking process under IC 13-14-9. IDEM must also provide notice of a public hearing before the Water Pollution Control Board (board) concerning this IC 13-14-9.5-1.1 rule review. IDEM will respond to all comments received during the comment period and provide the comments and responses to the board during the public hearing. The board, after considering the comments, responses, and testimony at the hearing, will direct IDEM on whether additional rulemaking actions must be started to address concerns raised to the board.

IC 13-14-9.5-1.1 requires this notice to contain the information described under IC 13-14-9-4(a)(5) through IC 13-14-9-4(a)(7) regarding restrictions and requirements of the listed rules that are not imposed under federal law. The listed rules at:

(1) 327 IAC 2-1 establish water quality standards for waters of the state;

(2) 327 IAC 5-2 and 327 IAC 5-4 concern rules regarding the National Pollutant Discharge Elimination System (NPDES);

(3) 327 IAC 8-2 and 327 IAC 8-2.5 establish the drinking water standards and the disinfectants and disinfection requirements in public water supply, respectively; and

(4) 327 IAC 15-13 establish rules under the NPDES General Permit System for storm water run-off associated with municipal separate storm sewer system conveyances.

(5) 327 IAC 15-14 establish rules under the NPDES General Permit System for On-Site Residential Sewage Discharging Disposal Systems within the Allen County On-Site Waste Management District.

The Clean Water Act (CWA) is the authority for water quality standards and NPDES rules. Because of the variability of waters across the nation, the federal regulations under the CWA do not specify exact standards for the states but do require the states to establish standards that are federally reviewed and approved in order for a state to have delegation to conduct the NPDES program for the state. Indiana is a delegated state and, as such, the water quality standards and NPDES rules have been federally approved. The NPDES General Permit System rules are permissible under the CWA but are not required. However, as general permits are a simplified version of NPDES permitting for those categories of dischargers in one geographic area with the same or substantially similar types of operations with similar operational and monitoring requirements, they are an effective and efficient permitting tool desired by the various categories of dischargers for which general permits are established.

The drinking water standards and the disinfectants and disinfection rules for public water supply are federally required under the Safe Drinking Water Act (SDWA). Indiana must have regulations as stringent as the federal safe drinking water standards so that IDEM may maintain primacy (primary enforcement authority) for the safe drinking water programs and receive available federal funding.

The following is a list of rules in 327 IAC that have been effective for seven years and are: (1) required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; or (2) required to begin or continue receiving federal funding for implementation or operation of a program:

At this time, IDEM solicits comments on specific rules listed above that should be reviewed through the regular rulemaking process under IC 13-14-9. IDEM requests that specific changes and language suggestions accompany such comments. Mailed comments should be addressed to:

LSA Document #09-596 (2009 WPCB Nonsunset rule review)

MaryAnn Stevens

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

100 North Senate Ave.

MC 65-41

Indianapolis, Indiana 46204-2251

Comments must be postmarked, faxed, or hand delivered by September 4, 2009.

Additional information regarding this action may be obtained from MaryAnn Stevens, Rules Section, Office of Legal Counsel (317) 232-8635 or (800) 451-6027 (in Indiana).

Bruno Pigott

Assistant Commissioner

Office of Water Quality

DIN: 20090805-IR-327090596BNA

Composed: Apr 26,2024 6:57:21PM EDT

A PDF version of this document.