TITLE 326 AIR POLLUTION CONTROL DIVISION
FIRST NOTICE OF COMMENT PERIOD
LSA Document #21-520
TITLE 326 REVISIONS TO VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at
326 IAC 25 concerning revisions to the agency's voluntary performance based leadership programs. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
IDEM's Office of Program Support (OPS) currently runs two voluntary performance based leadership programs known as the Environmental Stewardship Program (ESP) and the Comprehensive Local Environmental Action Network Community Challenge Program (CLEAN). These programs seek to encourage environmental stewardship and invite participants to make continual environmental improvements. In exchange, the programs offer recognition, certain regulatory flexibilities as permitted by the United States Environmental Protection Agency, and an opportunity to work directly with the agency to innovate on compliance issues.
In 2019, IDEM met with community leaders and other interested parties to identify opportunities for program improvement. As a result, OPS developed a Clean Communities pilot program that is currently working with select communities to promote sustainability, rather than just focusing on municipal systems. Further, this pilot program has implemented changes to encourage cooperation with residents and businesses and pared down paperwork requirements.
OPS is proposing to update current rules found at
326 IAC 25,
327 IAC 18, and
329 IAC 18 to incorporate the changes accepted from the Clean Communities pilot program and apply these changes to all program participants. The goal is to facilitate greater participation in IDEM's voluntary performance based leadership programs. Changes being considered may include offering membership tiers that cater to communities of different sizes, changing renewal procedures, the length of membership, and shifting focus from continuous improvement and municipal systems to community and sustainability projects.
This specific rulemaking only makes changes to the air rules at
326 IAC 25, which govern components of the ESP and CLEAN program as related to the Office of Air Quality. The rules governing these programs as related to the Offices of Land Quality and Water Quality are being updated in separate, parallel rulemakings. Additional changes may include adding new requirements; correcting obsolete cross-references, typographical errors, and inconsistencies; and simplifying and clarifying existing rule language.
IDEM seeks comment on the affected citations listed, including suggestions for specific language, any other provisions of Title 326 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking.
Alternatives to Be Considered Within the Rulemaking
Alternative 1. Amend existing rules to reflect changes that have been made to the voluntary performance based leadership programs.
• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? No.
• Is this alternative imposed by federal law or is there a comparable federal law? This alternative is not imposed by federal law and there is no comparable federal law. It is a "state-only" program.
• If it is a federal requirement, is it different from federal law? Not applicable.
• If it is different, describe the differences. Not applicable.
Alternative 2. Do not amend existing rules.
• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? No.
• Is this alternative imposed by federal law or is there a comparable federal law? No.
• If it is a federal requirement, is it different from federal law? Not applicable.
• If it is different, describe the differences. This alternative would keep the CLEAN and ESP programs as they are as opposed to modifying them to increase voluntary participation.
Not applicable.
Potential Fiscal Impact of Alternative 1. This alternative would have no fiscal impact beyond normal operational costs already incurred by IDEM by operating the CLEAN and ESP programs.
Potential Fiscal Impact of Alternative 2. This alternative would have no fiscal impact beyond normal operational costs already incurred by IDEM by operating the CLEAN and ESP programs.
Small Business Assistance Information
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:
www.in.gov/idem/ctap
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
Greg Lannan
Small Business Ombudsman
Indiana Economic Development Corporation
One North Capitol, Suite 700
Indianapolis, IN 46204
(317) 601-8892
glannan@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:
Erin Moorhous
IDEM Small Business Assistance Program Ombudsman/Business, Agricultural, and Legislative Liaison
IGCN 1301
100 North Senate Avenue
Indianapolis, IN 46204-2251
(317) 232-8921 or (800) 451-6027
emoorhous@idem.in.gov
Public Participation and Work Group Information
At this time, 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 Seth Engdahl, Rules Development Branch, Office of Legal Counsel at sengdahl@idem.in.gov, (317) 234-9535 or (800) 451-6027 (in Indiana).
REQUEST FOR PUBLIC COMMENTS
At this time, IDEM solicits the following:
(1) The submission of alternative ways to achieve the purpose of the rule.
(2) The submission of suggestions for the development of draft rule language.
Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #21-520 Title 326 Voluntary Program Revisions
Seth Engdahl
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 electronic mail to sengdahl@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.
Contact Karla Kindrick at kkindric@idem.in.gov or (317) 232-8922 if another method of submitting comments within the comment period is desired. Regardless of the delivery method used, in order 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 or time stamped not later than January 14, 2022.
Additional information regarding this action may be obtained from Seth Engdahl, Rules Development Branch, Office of Legal Counsel, sengdahl@idem.in.gov, (317) 234-9535 or (800) 451-6027 (in Indiana).
Christine Pedersen, Section Chief
Rules Development Branch
Office of Legal Counsel
Posted: 12/15/2021 by Legislative Services Agency
DIN: 20211215-IR-326210520FNA
Composed: Apr 25,2024 11:32:38AM EDT
A
PDF version of this document.
