Under IC 4-22-2-24, notice is hereby given that on May 3, 2012, at 9:30 a.m., at the Indiana Government Center North, 100 North Senate Avenue, Room N501, Indianapolis, Indiana, the Natural Resources Commission will hold a public hearing on proposed amendments to 312 IAC 9-10-3 governing aquatic vegetation control permits to eliminate the requirement of posting a sign at the treatment area five days in advance of the treatment.

IC 4-22-2-24(d)(3) Justification Statement: The amendment to 312 IAC 9-10-3(f) governing aquatic vegetation control permits would remove the requirement that a permit holder post at least five days in advance of a chemical substance application signs that contain information regarding the date of substance application, the substance used, and precautions. There are no new costs for regulated entities as a result of this rule change. Weather conditions may change during the five days that the signs are posted, resulting in the actual application occurring more than five days after the date stated on the sign. This may confuse lake users and would require additional sign posting by the applicator, which may increase the cost of the treatment. Permit holders such as companies and local government entities that obtain aquatic vegetation control permits will be able to save time by not having to post the required sign five days ahead of chemical application date, but just prior to the chemical application. Restrictions for the use of water treated with aquatic herbicides have become less stringent in recent years due to changing formulas. None of the commonly used aquatic herbicides have fishing or swimming restrictions though several substances continue to have an irrigation restriction, but this has rarely been a problem. This change would benefit both the permit holder and customer, without additional costs for the state.

Copies of these rules are now on file at the Indiana Government Center North, 100 North Senate Avenue, Room N501 and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, Room N201, Indianapolis, Indiana and are open for public inspection.