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-IR- Database: Indiana Register

TITLE 327 WATER POLLUTION CONTROL DIVISION

IC 13-14-9.5 Notice of Final Readoption
LSA Document #13-176(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 1  GENERAL PROVISIONS 
  327 IAC 2-2  Cyanides and Cyanogen Compounds; Drainage into Sewer Systems or Watercourses Prohibited; Exception 
  327 IAC 2-3  Coal Mines; Restrictions on Acid Drainage and Refuse Deposits into State Waters 
  327 IAC 2-4  Waste Treatment Control Facilities; Discharge into State Waters; Monthly Reports 
  327 IAC 2-5  Phosphates; Permits for Use by Manufacturers and Processors; Detergents 
  327 IAC 2-6.1  Spills; Reporting, Containment, and Response 
  327 IAC 2-10  Secondary Containment of Aboveground Storage Tanks Containing Hazardous Materials 
  327 IAC 3-1  General Provisions 
  327 IAC 3-2.1  Permitting Authority of Units for Sanitary Sewer Construction 
  327 IAC 3-3  Approval of Completed Construction 
  327 IAC 3-4  Operational Permits; Facilities not Covered by Other Permit Programs 
  327 IAC 3-5  Miscellaneous Administrative Provisions 
  327 IAC 4  WASTEWATER TREATMENT FACILITIES; OVERLOAD CONDITION 
  327 IAC 5-1  NPDES and Pretreatment Programs; General Provisions 
  327 IAC 5-1.5  Definitions 
  327 IAC 5-3  Procedures for the Issuance of NPDES Permits 
  327 IAC 5-5  NPDES Criteria and Standards for Technology-Based Treatment Requirements 
  327 IAC 5-6  Criteria and Standards for Determining Fundamentally Different Factors 
  327 IAC 5-7  Alternative Thermal Effluent Limitations; Determination 
  327 IAC 5-9  Best Management Practices; Establishment 
  327 IAC 5-10  Additional Treatment Requirements 
  327 IAC 6.1  LAND APPLICATION OF BIOSOLID, INDUSTRIAL WASTE PRODUCT, AND POLLUTANT-BEARING WATER 
  327 IAC 8-3  Public Water Supply Construction Permits 
  327 IAC 8-3.2  Technical Standards for Water Mains 
  327 IAC 8-3.3  Public Water System Quantity Requirement Standards 
  327 IAC 8-3.4  Public Water System Wells 
  327 IAC 8-3.5  General Construction Permit for Water Mains 
  327 IAC 8-3.6  Demonstration of New Public Water Supply System Capacity 
  327 IAC 8-4.1  Wellhead Protection 
  327 IAC 8-5  Construction of Public Water Supply Systems Under Order of the DEM 
  327 IAC 8-10  Cross Connections; Control; Operation 
  327 IAC 15-1  General Provisions 
  327 IAC 15-3  NOI Letter Requirements 
  327 IAC 15-5  Storm Water Run-Off Associated with Construction Activity 
  327 IAC 15-6  Storm Water Discharges Exposed to Industrial Activity 
  327 IAC 15-7  Facilities Engaged in Mining of Coal, Coal Processing, and Reclamation Activities 
  327 IAC 15-8  Facilities Discharging Noncontact Cooling Water 
  327 IAC 15-9  Wastewater Discharge Associated with Petroleum Products Terminals 
  327 IAC 15-10  Wastewater Discharge Associated with Ground Water Petroleum Remediation Systems 
  327 IAC 15-11  Wastewater Discharge Associated with Hydrostatic Testing of Commercial Pipelines 
  327 IAC 15-12  Facilities Engaged in Sand, Gravel, Dimension Stone, or Crushed Stone Operations 
  327 IAC 18  VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS 

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5.

HISTORY
First Notice of Comment Period: May 22, 2013, Indiana Register (DIN: 20130522-IR-327130176BNA).

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, 2014. 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 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 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:
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, 2020. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at IC 13-14-9.

LSA Document #13-176(F)
First Notice of Comment Period: 20130522-IR-327130176BNA
Filed with Publisher: July 29, 2013, 9:21 a.m.

Posted: 08/28/2013 by Legislative Services Agency

DIN: 20130828-IR-327130176BFA
Composed: Jul 23,2014 8:20:57AM EDT
A PDF version of this document.