TITLE 355 STATE CHEMIST OF THE STATE OF INDIANA

Under IC 4-22-2-23, the State Chemist of the State of Indiana intends to adopt a rule concerning the following:

OVERVIEW: Adds 355 IAC 5-0.5 to identify the scope of the regulated persons under this article. Amends and adds provisions to 355 IAC 5-1 to establish definitions referenced throughout the article, and to clarify the applicability of the definitions in IC 15-16-4 and IC 15-16-5. Amends 355 IAC 5-2-1 to limit appurtenance requirements to bulk and minibulk only. Amends 355 IAC 5-2-2 to limit underground pesticide storage restrictions to bulk and minibulk only. Amends 355 IAC 5-2-3 to limit abandoned container restrictions to bulk and minibulk only. Amends 355 IAC 5-2-4 to limit container materials restrictions to bulk and minibulk only. Amends 355 IAC 5-2-5 to limit storage container anchoring requirements to bulk and minibulk only. Amends 355 IAC 5-2-6 to limit storage container venting requirements to bulk only. Amends 355 IAC 5-2-8 to limit container filling restrictions to bulk only. Amends 355 IAC 5-2-9 to limit shutoff valve requirements to bulk and minibulk only. Amends 355 IAC 5-2-10 to limit appurtenance requirements to bulk and minibulk only. Amends 355 IAC 5-2-11 to limit leveling gauge requirements to bulk only. Amends 355 IAC 5-2-12 to limit maintenance requirements to bulk and minibulk only. Amends 355 IAC 5-3-1 to limit operational area requirements to bulk and minibulk only. Amends 355 IAC 5-4-1 to differentiate between bulk and minibulk secondary storage requirements. Amends 355 IAC 5-4-2 to clarify the reference to floors of containment structures. Amends 355 IAC 5-4-3 to clarify acceptable materials for floors of secondary containment. Amends 355 IAC 5-4-4 to differentiate between bulk and minibulk drainage requirements. Amends 355 IAC 5-4-7 to permit double wall storage containers to satisfy the secondary containment requirement. Amends 355 IAC 5-5-1 to limit certain storage requirements to dry bulk only. Amends 355 IAC 5-8-1 to limit storage registry requirements to bulk only. Adds 355 IAC 5-10 to consolidate and simplify pesticide storage and use restrictions in wellhead protection areas and isolation areas. Adds 355 IAC 5-11 to consolidate pesticide service container requirements. Adds 355 IAC 5-12 to consolidate open burning restrictions for pesticide containers. Repeals 355 IAC 5-1-7.5 and 355 IAC 5-1-12. Statutory authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-64.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

David Scott

Pesticide Administrator

Office of the Indiana State Chemist

175 South University Street

West Lafayette, IN 47907-2063

(765) 494-1593

scottde@purdue.edu

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.

DIN: 20221228-IR-355220386NIA

Composed: May 03,2024 4:16:05PM EDT

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