Sec. 0.1. The amendments made to sections 3 and 4 of this chapter by P.L.100-2006 apply only to proposed rules for which the department of environmental management provides notice under section 3 of this chapter, as amended by P.L.100-2006, after June 30, 2006. As added by P.L.220-2011, SEC.280.
Sec. 1. (a) Except as provided in sections 8 and 14 of this chapter, this chapter applies to the following: (1) The board. (2) The underground storage tank financial assurance board established by IC 13-23-11-1. (b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a board may not adopt a rule except […]
Sec. 10. (a) A board may amend a proposed rule at a board meeting held under section 5(a)(3) of this chapter and adopt the amended rule under section 9(2) of this chapter if the amendments are a logical outgrowth of: (1) the proposed rule as published under section 5(a)(2) of this chapter; and (2) any […]
Sec. 11. If the board recommends amendments to a proposed rule under section 9(3) of this chapter, the full text of the proposed rule and accompanying amendments shall be published in accordance with section 5(a)(2) of this chapter. After that publication, the board shall hold another board meeting on the proposed rule under section 5(a)(3) […]
Sec. 12. The board may reject a proposed rule under section 9(4) of this chapter if one (1) of the following conditions exists: (1) The following occurs or has occurred: (A) under section 8 of this chapter, sections 3 and 4 of this chapter did not apply to the proposed rule; and (B) either: (i) […]
Sec. 13. If a board rejects a proposed rule under section 12 of this chapter, the proposed rule is subject to section 4 of this chapter whether or not the proposed rule has previously been the subject of the comment period required by section 4 of this chapter. [Pre-1996 Recodification Citation: 13-7-7.1-13.] As added by […]
Sec. 14. (a) Except as provided in subsection (g), sections 1 through 13 of this chapter do not apply to a rule adopted under this section. (b) The board may use the procedures in this section to adopt a rule to establish new water quality standards for a community served by a combined sewer that […]
Sec. 2. Except as provided in sections 4.5, 7, 8, and 14 of this chapter, a board may not adopt a rule under this chapter until the board has conducted at least two (2) public comment periods, each of which must be at least thirty (30) days in length. [Pre-1996 Recodification Citation: 13-7-7.1-2.] As added […]
Sec. 3. (a) Except as provided in subsection (b), the department shall provide notice in the Indiana Register of the first public comment period required by section 2 of this chapter. A notice provided under this section must do the following: (1) Identify the authority under which the proposed rule is to be adopted. (2) […]
Sec. 4. (a) The department shall provide notice in the Indiana Register of the second public comment period required by section 2 of this chapter. A notice provided under this section must do the following: (1) Contain the full text of the proposed rule, to the extent required under IC 4-22-2-24(c). (2) Contain a summary […]
Sec. 4.2. Not less than fourteen (14) days before the date of preliminary adoption of a proposed rule by a board, the department shall make available to the board the fiscal impact statement prepared by the office of management and budget with respect to the proposed rule under IC 4-22-2-28(e). As added by P.L.240-2003, SEC.6. […]
Sec. 4.5. (a) Except for a rule: (1) that has been preliminarily adopted by a board in a form that is: (A) identical to; or (B) not substantively different from; the proposed rule published in a second notice under section 4 of this chapter; or (2) for which the commissioner has made a determination and […]
Sec. 5. (a) A board may not adopt a rule until all of the following occur: (1) The board holds a board meeting on the proposed rule. (2) The department, after approval of the proposed rule by the board under subsection (c), publishes the following in the Indiana Register as provided in IC 4-22-2-24(c): (A) […]
Sec. 6. In addition to the requirements of section 8 of this chapter, the department shall include the following in the written materials to be considered at the board meetings held under section 5(a)(1) and 5(a)(3) of this chapter: (1) The full text of the proposed rule, as most recently prepared by the department. (2) […]
Sec. 7. (a) Unless a board determines under section 5(c)(2) of this chapter that a proposed rule should be subject to additional comments, section 3 of this chapter does not apply to a rulemaking action if the commissioner determines that the rulemaking policy alternatives available to the department are so limited that the public notice […]
Sec. 8. (a) Except as provided in subsection (g), unless a board determines that a proposed rule should be subject to additional comments or makes a determination described in subsection (f), sections 2 through 7 and sections 9 through 14 of this chapter do not apply to a rulemaking action if the commissioner determines that: […]
Sec. 9. After complying with sections 2 through 8 of this chapter, the board may, at the board meeting held under section 5(a)(3) of this chapter: (1) adopt a rule that is identical to the proposed rule published under section 5(a)(2) of this chapter; (2) adopt the proposed rule with amendments that meet the criteria […]
