TITLE 327 WATER POLLUTION CONTROL DIVISION

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 327 IAC 8 concerning amendments to the lead and copper National Primary Drinking Water Regulations at 40 CFR 141 and replacement of existing federal language in the state rule with the incorporation by reference of the federal rules for all drinking water standards. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

IDEM has approval from the United States Environmental Protection Agency (U.S. EPA) to implement drinking water programs in Indiana under the Safe Drinking Water Act (SDWA). This approval is referred to as having primacy. To maintain primacy, IDEM must meet the requirements of U.S. EPA by providing state rules that are as stringent as federal rules.

This rulemaking will amend Indiana's drinking water standards at 327 IAC 8 to incorporate by reference federal rules at 40 CFR 141 to replace existing federal language in the state rule, repeal repetitive language, and update the lead and copper requirements to be consistent with the most recent changes in federal rules. U.S. EPA published a final rule on January 15, 2021 (86 FR 4198), to revise the lead and copper rule at 40 CFR 141. These revisions require all community water systems to conduct lead-in-drinking-water testing and public education in schools and child care facilities as well as providing accelerated lead service line replacements by closing existing regulatory loopholes, propelling early action, and strengthening replacement requirements. On June 16, 2021, U.S. EPA published an update to the Federal Register with the determination to delay the effective date for the Lead and Copper rules. The update delayed the effective date from January 16, 2024, to October 16, 2024, and provided two years after the federal regulations are updated and promulgated for Indiana to update the state Lead and Copper revisions (86 FR 31940).

The incorporation by reference of 40 CFR 141 does not change the standards that are referenced throughout the state rule. Incorporating by reference the federal requirements ensures consistency and allows for quicker updates if the federal rules change. Currently, Indiana's drinking water standards at 327 IAC 8 contain full text language directly taken from the federal requirements in 40 CFR 141.

IDEM seeks comment on the affected citations listed, including suggestions for specific language, any other provisions of Title 327 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking.

The Safe Drinking Water Act authorizes U.S. EPA to set national health-based standards for drinking water to protect against both naturally occurring and manmade contaminants that may be found in drinking water. U.S. EPA and IDEM work together to make sure that these standards are met.

For this rulemaking, IDEM plans to incorporate by reference the National Primary Drinking Water Regulations at 40 CFR 141. U.S. EPA most recently updated 40 CFR 141 in the Federal Register at 86 FR 4198, on January 15, 2021, with the lead and copper regulation updates. U.S. EPA published an update to the Federal Register on June 16, 2021, to delay the effective date from January 16, 2024, to October 16, 2024. States must adopt regulations that are no less stringent than the federal requirements within two years of promulgation of the federal rules.

Potential Fiscal Impact of Alternative 1. This alternative would have no fiscal impact beyond what is federally required.

Potential Fiscal Impact of Alternative 2. This alternative would have no fiscal impact. If the state does not amend the existing rules, the regulations between state and federal rules will be inconsistent and confusing.

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:

Kari Clevenger

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:

Matthew Jaworowski

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 650-0126

majaworowski@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:

Drake Abramson

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

dabramso@idem.in.gov

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 Krystal Hackney, Rules Development Branch, Office of Legal Counsel at khackney1@idem.in.gov, (317) 232-3158, or (800) 451-6027 (in Indiana).

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 #22-387 Lead and Copper Revisions and Format Updates

Krystal Hackney

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 khackney1@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 27, 2023.

Additional information regarding this action may be obtained from Krystal Hackney, Rules Development Branch, Office of Legal Counsel, khackney1@idem.in.gov, (317) 232-3158, or (800) 451-6027 (in Indiana).

Christine Pedersen, Section Chief

Rules Development Branch

Office of Legal Counsel

DIN: 20221228-IR-327220387FNA

Composed: May 03,2024 5:51:01PM EDT

A PDF version of this document.