TITLE 326 AIR POLLUTION CONTROL DIVISION
IC 13-14-9.5 NOTICE OF FINAL READOPTION
LSA Document #23-77(F)
Readopts rules in anticipation of
IC 13-14-9.5-2, providing that an administrative rule adopted under
IC 13-14-9 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.
Under
IC 13-14-9.5-4(c), the Indiana Department of Environmental Management (IDEM) is publishing a notice of readoption of rules in Title 326 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted:
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
This rulemaking is required under
IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. The rules listed to be readopted have an expiration date of January 1, 2024. IDEM has chosen to readopt all affected rules at one time rather than readopt each rule separately as its expiration date approaches.
Under
IC 13-14-9.5-4, the department or board that has rulemaking authority under Title 13 may readopt all rules subject to expiration under one rule that lists all rules that are readopted by their titles and subtitles only. If no comments are received during the first comment period, IDEM may submit the rule for filing with the Publisher under
IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.
STATUTORY AND REGULATORY REQUIREMENTS
IC 13-14-9.5-4 requires that the following procedures be followed to readopt rules:
(1) A notice listing all rules to be readopted by their titles and subtitles must be submitted to the Publisher for publication in the Indiana Register.
(2) If a person submits a written request and a basis for the request during the first comment period that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking, the agency shall:
(A) consider readoption of that rule separately from the readoption rule; and
(B) follow the procedure for adoption of administrative rules under
IC 13-14-9 with respect to that rule.
(3) If no written request is provided within the first comment period, the agency may submit the rule for filing with the Publisher under
IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.
The following rules received no comments during the first notice of comment period requesting that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking and are not exempt from the readoption process under
IC 13-14-9.5:
Therefore, the above-listed rules are readopted under
IC 13-14-9.5-4. The rules have been submitted to the Publisher for filing and are effective 30 days after that filing date. The rules will remain in effect until their next expiration date, January 1, 2030. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at
IC 13-14-9.
Filed with Publisher: May 12, 2023, 1:07 p.m.
Posted: 06/07/2023 by Legislative Services Agency
DIN: 20230607-IR-326230077BFA
Composed: May 30,2024 4:13:50PM EDT
A
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