March 2, 2020

On behalf of the State Chemist of the State of Indiana (OISC), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process for new rules not later than 60 days after the effective date of the statute that authorizes the rule, unless a notice is filed with the Publisher that includes the reasons why rulemaking began more than 60 days after the effective date.

The statutory authority for rulemaking that requires OISC to add 355 IAC 10 is found in IC 15-16-2-1.5.

OISC was unable to begin the rulemaking process within 60 days of the authorizing statute's effective date due to the amount of time needed to prepare the proposed administrative regulations and the time required for the Office of Management and Budget to provide a determination of exemption of Executive Order 13-03. The Office of Management and Budget received the request on February 26, 2018, and approval for the exemption was granted on January 29, 2019.

OISC initiated the rulemaking process by publishing its Notice of Intent to Adopt a Rule in the Indiana Register on February 6, 2019 (DIN: 20190206-IR-355190078NIA). Unfortunately, that rule had to be recalled. A new Notice of Intent to Adopt a Rule was published on January 29, 2020 (DIN: 20200129-IR-355200015NIA).

Matthew E. Pearson

Fertilizer Administrator

Office of Indiana State Chemist