TITLE 329 SOLID WASTE MANAGEMENT BOARD

This is a notice of rule review as described in IC 13-14-9.5-1.1. Certain rules described in IC 13-14-9.5-1.1 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 notice a public hearing before the appropriate board. 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. No element of the listed rules imposes either a restriction or requirement on persons to whom the draft rule applies that is not imposed under federal law. These rules are authorized under IC 13-19-3-1, as amended in the 2003 legislative session.

The following is a list of rules in the Indiana Administrative Code Title 329 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:

#10-229 (SWMB) (Notice of Rule Review)

Janet Pittman

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

100 North Senate Avenue MC 65-46

Indianapolis, Indiana 46204-2251

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5517, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 232-8922.

Comments must be postmarked, faxed, or hand delivered by May 21, 2010.

Additional information regarding this action may be obtained from Lydia Kuykendal, Rules Development Branch, Office of Legal Counsel, (317) 234-5345 or (800) 451-6027 (in Indiana).

Nancy King

Chief, Rules Development Branch

Office of Legal Counsel

Notice of Public Hearing

DIN: 20100421-IR-329100229BNA

Composed: Apr 28,2024 6:50:17AM EDT

A PDF version of this document.