| Environmental Rules Board (Air Pollution Control Division) | |||
|---|---|---|---|
| Rule Name, LSA #, and Subject Matter | Submit Comments and Questions to * | Rule Notices, Actions and Comment Periods | Public Hearings, and Anticipated Adoption and Effective Dates ** |
| Title 326 Civil Penalties #24-46 In accordance with IC 13-30—4-1, IDEM imposes civil penalties on entities that violate provisions of the state’s water pollution control laws and rules. The current civil penalty policy and structure became effective on April 5, 1999, through non-rule policy documents. House Enrolled Act 1623, which became law on May 5, 2023, added IC 4-22-2-19.6. This statute requires any fee, fine or civil penalty imposed by an agency to be included in the Indiana Administrative Code. Accordingly, this rulemaking adds 327 IAC 1-2 to include IDEM’s civil penalty policy and structure in Title 327. | Seth Engdahl Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 234-9535 Fax: (317) 233-5970 E-mail: SEngdahl@idem.in.gov | First Notice of Comment Period DIN: 20240206-IR-250230731AFA Comment Period: 02/07/2024-03/15/2024 | Public Hearing: Preliminary Adoption 04/10/2024 DIN: 20240207-IR-326240046PHA |
Emergency Affirmative Defense Provisions This rulemaking amends rules at 326 I 2-7 AND 326 I 2-8 to remove the emergency affirmative defense provisions allowing sources to assert an affirmative defense in enforcement cases brought for noncompliance with technology-based emission limitations in operating permits. This is consistent with U.S. EPA’s removal of these provision in 40 CFR 70.6(g) and 40 CFR 71.6 (G). | Keelyn Walsh Rules Development Branch Office of Legal Counsel Indiana Development of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 232-8229 Fax: (317) 233-5970 E-mail: kwalsh@idem.in.gov | ||
* Copies of rules, comments, and the agency's written response to those comments are open for public inspection at the Office of Legal Counsel, Indiana Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor East, Indianapolis, Indiana.
** After a rule is final adopted, IDEM must provide the complete administrative record to the Attorney General’s office in the form of a “promulgation packet.” The Attorney General’s office then has forty-five (45) days to review the rule for form and legality before submitting it to the Governor for signature. The Governor has fifteen (15) days to sign or reject the rule and may request an additional fifteen (15) days if necessary. After signature, the rule is submitted to the Legislative Services Agency for publication in the Indiana Register. Unless specifically stated in the rule, the rule becomes effective thirty (30) days after filing with Legislative Services.