TITLE 328 UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the readoption of rules in Title 328 of the Indiana Administrative Code under IC 13-14-9.5.

This rulemaking is required under IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. All rules adopted after January 1, 2002, under IC 13-14-9, expire on January 1 of the seventh year after the year in which each rule takes effect. The rules listed to be readopted have an expiration date of January 1, 2018. 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 notice in the Indiana Register that the agency has readopted the rule.

Please note that a First Notice of Comment Period to update the rules in Title 328 was published on July 29, 2015 (LSA Document #15-231), in the Indiana Register. Due to proposed legislative changes to the program that ensued after that publication, IDEM made the decision to delay drafting rule language changes until after the passage of the proposed legislative changes. Public Law 96-2016 containing those legislative changes was enacted during the 2016 Session of the Indiana General Assembly. IDEM intends to incorporate those legislative changes into the draft rule in the Second Notice of Comment Period for LSA Document #15-231. However, as that rulemaking will not be completed and effective by the sunset date of the rules subject to this notice, IDEM has chosen to readopt the existing rules in this sunset rulemaking. Readoption via the sunset process will not affect the substantive changes that will occur in the open rulemaking under LSA Document #15-231. Readoption simply will allow the rules to remain in the same form in which they currently exist until such time as the substantive rulemaking is completed through the regular IC 13-14-9 rulemaking process.

IC 13-14-9.5-4 requires that the following procedure be followed to readopt rules:

(1) A notice listing all rules to be readopted by their titles and subtitles shall 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 must:

(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.

IDEM requests that any written comments requesting that a rule be readopted separately from this readoption rule include a basis for the request. Comments may be submitted in one of the following ways:

(1) By mail or common carrier to the following address:

LSA Document #17-227 2017 Title 328 Rule Readoption

Dan Watts

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204

(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 232-8922.

(3) By electronic mail to dwatts1@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 email address indicated in this notice.

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.

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.

Comments must be postmarked, faxed, or time stamped not later than June 16, 2017. Hand-delivered comments must be delivered to the office by 4:45 p.m. on the above-listed deadline date.

Additional information regarding this action may be obtained from Dan Watts, Rules Development Branch, Office of Legal Counsel, (317) 234-5345 or (800) 451-6027 (in Indiana).

Christine Pedersen, Section Chief

Rules Development Branch

Office of Legal Counsel

DIN: 20170517-IR-328170227BNA

Composed: Apr 28,2024 9:07:21AM EDT

A PDF version of this document.