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-IR- Database: Indiana Register

TITLE 327 WATER POLLUTION CONTROL BOARD

IC 13-14-9.5 Notice of Final Readoption
LSA Document #12-261(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:


The foregoing rules are identified by name as follows:
ARTICLE 8. PUBLIC WATER SUPPLY
Rule 1. Public Water Supply Direct Additive and Indirect Additive Standards
Rule 3.1. Permitting Authority of Units for Water Main Extension Construction
Rule 4. Approval of Public Water Supply Plans
Rule 6. Improvements of Public Water Supply Systems or Treatment Works Under Order of the DEM
Rule 11. Water Purification and Treatment Works; Operation; Requirements
ARTICLE 12.1. PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS
Rule 1. Purpose and Applicability
Rule 2. Definitions
Rule 3. Access to Public Records
Rule 4. Confidentiality Claims
Rule 5. Types of Confidential Information
Rule 6. Determinations on Claim of Confidentiality
Rule 7. Appeals
Rule 8. Authorized Disclosure of Confidential Information
Rule 9. Wrongful Disclosure Penalties
Rule 10. Confidentiality Agreements

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5.

HISTORY
First Notice of Comment Period: May 23, 2012, Indiana Register (DIN: 20120523-IR-327120261BNA).

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. A rule that was adopted under a provision of IC 13 and was in force on December 31, 1995, expires not later than January 1, 2002. All rules adopted after that date under IC 13-14-9, expire on January 1 of the seventh year after the year in which each rule takes effect. The rules listed to be readopted have an expiration date of January 1, 2013. 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 procedure be followed to readopt rules:
(1) A notice listing all rules to be readopted by their titles and subtitles shall be submitted to Legislative Services Agency 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 must:
(A) readopt 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:
327 IAC 8-1  327 IAC 12.1-1  327 IAC 12.1-6 
327 IAC 8-3.1  327 IAC 12.1-2  327 IAC 12.1-7 
327 IAC 8-4  327 IAC 12.1-3  327 IAC 12.1-8 
327 IAC 8-6  327 IAC 12.1-4  327 IAC 12.1-9 
327 IAC 8-11
 
327 IAC 12.1-5  327 IAC 12.1-10 
Therefore, the above-listed rules are readopted under IC 13-14-9.5-4. The rules will be submitted to the Publisher for filing and will be effective 30 days after that filing date. The rules will remain in effect until their next expiration date, January 1, 2019. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at IC 13-14-9.

LSA Document #12-261(F)
First Notice of Comment Period: 20120523-IR-327120261BNA
Filed with Publisher: July 18, 2012, 2:25 p.m.

Posted: 08/15/2012 by Legislative Services Agency

DIN: 20120815-IR-327120261BFA
Composed: Sep 02,2014 10:15:49AM EDT
A PDF version of this document.