TITLE 327 WATER POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to update the cross connection requirements at 327 IAC 8-10. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

IC 13-14-9-7 recognizes that under certain circumstances it may be appropriate to reduce the number of public comment periods routinely provided. In cases where the commissioner determines that the rulemaking policy alternatives available to IDEM are so limited that the first notice of public comment period would provide no substantial benefit to the environment or persons to be regulated or otherwise affected by the proposed rule, IDEM may forgo this comment period and proceed directly to the notice of second public comment period.

If the commissioner makes the determination of limited rulemaking policy alternatives required by IC 13-14-9-7, the commissioner shall prepare written findings and include them in the second notice of public comment period published in the Indiana Register. This document constitutes the commissioner's written findings pursuant to IC 13-14-9-7.

The statute provides for this shortened rulemaking process if the commissioner determines that "the rulemaking policy alternatives available to the department are so limited that the public notice and comment period under [IC 13-14-9-3] . . . would provide no substantial benefit to:

(1) the environment; or

(2) persons to be regulated or otherwise affected by the proposed rule."

Unprotected cross connection and backflow contamination could be responsible for creating a public health risk and cause a public water system's failure to maintain the federal Safe Drinking Water Act standards. Indiana has a backflow prevention and cross control program under 327 IAC 8-10 that is based on federal requirements most recently updated under the Revised Total Coliform Rule and according to IC 13-18-16-6 that requires a public water system to be operated to ensure safe drinking water for the public. This rulemaking, specifically, is to update information in 327 IAC 8-10 regarding where to find reference documents for cross connection control and to make administrative and formatting changes to conform to current rule drafting standards.

No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law. This rulemaking is a revision of the existing rule language and does not create new restrictions or requirements. The existing reference materials and locations for finding them are being updated without creating new requirements.

This rulemaking is a revision of the existing rule language regarding where to find reference documents for cross connection control. It does not create new requirements or fiscal impact.

No work group is planned for the rulemaking. If you feel that a work group or other informal discussion on the rule is appropriate, please contact MaryAnn Stevens, Rules Development Branch, Office of Legal Counsel at (317) 232-8635 or (800) 451-6027 (in Indiana).

IDEM established a compliance and technical assistance program (CTAP) under IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide a point of contact for small businesses affected by environmental regulations. Information on CTAP and other resources available can be found at:

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Angela Taylor

IDEM Small Business Regulatory Coordinator/CTAP Small Business Liaison

IGCN 1316

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 233-0572 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Katelyn Colclazier

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 431-1560

kcolclazier@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

The Small Business Assistance Program Ombudsman is:

Brian Rockensuess

IDEM Small Business Assistance Program Ombudsman/Office of Government and Community Affairs

IGCN 1301

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386 or (800) 451-6027

brockens@idem.in.gov

The commissioner of IDEM has prepared written findings regarding rulemaking on revisions to 327 IAC 8-10 regarding where to find reference materials. These findings are prepared under IC 13-14-9-7 and are as follows:

(1) This rulemaking revises the information at 327 IAC 8-10 regarding where to find reference materials about cross connection control and does not create new requirements.

(2) I have determined that under the specific circumstances pertaining to this rule, the rulemaking policy alternatives are so limited that the public notice and comment period provided in the notice of first public comment period would provide no substantial benefit to the environment or to persons to be regulated or otherwise affected by the rule.

(3) The draft rule is hereby incorporated into these findings.

This notice requests the submission of comments on the draft rule language, including suggestions for specific revisions to language to be contained in the draft rule. Comments may be submitted in one of the following ways:

(1) By mail or common carrier to the following address:

LSA Document #17-563 (Cross Connection)

MaryAnn Stevens

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

Indiana Government Center North

100 North Senate Avenue

Indianapolis, IN 46204-2251

(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of your faxed comments by calling the Rules Development Branch at (317) 232-8922.

(3) By electronic mail to mstevens@idem.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice.

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.

Regardless of the delivery method used, to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.

All comments must be postmarked, faxed, or time stamped not later than January 5, 2018. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.

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

SECTION 1. 327 IAC 8-10-7 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-2; IC 22-13-2

Sec. 7. (a) The discharge pipe of an air gap shall must terminate a minimum of:

(b) Only those models of Double check valve assemblies, reduced pressure principle backflow preventers, and pressure vacuum breakers that have been listed by the "List of Approved Backflow Prevention Assemblies", by the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California, February 7, 2012, to be installed must be:

(c) Reduced pressure principle backflow preventers shall must be installed according to the following:

(d) All double check valve assemblies shall must be installed at a location that:

(e) Pressure vacuum breakers and spill resistant vacuum breakers shall must be installed according to the following:

(f) Atmospheric vacuum breaker backsiphonage prevention assemblies must be installed according to the following:

*A list of approved backflow prevention assemblies may be obtained from the Foundation for Cross-Connection Control and Hydraulic Research at http://fccchr.usc.edu/list.html or is available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

SECTION 2. 327 IAC 8-10-11 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 4-21.5; IC 13-11-2; IC 13-13-5-1; IC 13-18-2; IC 13-18-11-8

Sec. 11. (a) Upon reviewing and finding the information certified by the training provider acceptable, the commissioner shall issue a registration number to each person whose training provider has certified that the applicant has met the following requirements of education and examination:

(b) The commissioner may revoke the registration of any cross connection control inspector, following a hearing under IC 4-21.5, when if it is found that the inspector has violated:

(c) The commissioner shall maintain a list entitled "Indiana Registered Cross Connection Control Device Inspectors, All Inspectors", which is comprised of cross connection control device inspectors registered in Indiana.

(d) The commissioner shall maintain a list entitled "Indiana Registered Cross Connection Control Device Inspectors, Active Inspectors", which is comprised of cross connection control device inspectors:

(e) The commissioner shall maintain a list entitled "List of Approved Backflow Prevention Assemblies, February 7, 2012, by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California", which is comprised of a listing of cross connection control devices from the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California.

(f) (e) The commissioner shall make the following lists as described in this section subsections (c) and (d) available to the public upon request.

SECTION 3. 327 IAC 8-10-12 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 4-21.5; IC 13-11-2; IC 13-18-11-8

Sec. 12. (a) The commissioner shall approve an organization as a training provider of cross connection control device inspectors if the training provider's proposed course meets the following requirements:

(b) The commissioner's approval of an organization as a training provider of cross connection control device inspectors shall be is valid for a duration of five (5) years.

(c) All training providers must shall maintain records for five (5) years on the following:

(d) Training providers must shall submit to the commissioner a record of individuals attending courses within thirty (30) days of the conclusion of the course. These records shall must be maintained for a five (5) year period. The records shall must contain the following:

(e) The commissioner may revoke the approval of a training provider, following a hearing under IC 4-21.5, when if it is found that the training provider has violated:

SECTION 4. 327 IAC 8-10-13 IS REPEALED.

Notice of Public Hearing

DIN: 20171206-IR-327170563FDA

Composed: Apr 28,2024 1:27:32AM EDT

A PDF version of this document.