Section 329IAC5-1-3. Applicability; exemptions; other requirements not superseded

   (a) This article applies to all state agencies.

  (b) This article does not supersede or set aside any other:

(1) assessment;

(2) review; or

(3) determination;

required by federal or state statute, rule, or regulation.

  (c) Actions covered include, but are not limited to, the following:

(1) Agency legislative proposals.

(2) New and continuing projects and program activities directly undertaken by the agency or supported in whole or in part through state contracts, grants, subsidies, loans, or other forms of funding assistance.

(3) The making, modification, or establishment of rules.

  (d) Actions exempted are as follows:

(1) Administrative procurements, for example, general supplies.

(2) Contracts for consulting services.

(3) Personnel actions.

(4) Repair or maintenance of existing structures or facilities involving no expansion.

(5) Basic data collection, research and experimental management, and resource evaluation activities that do not result in a significant disturbance to the environment.

  (e) Categorical exemptions include the following:

(1) Minor actions including the following:

(A) Each agency may develop a list of those actions that it considers to be minor in nature and, therefore, categorically exempted.

(B) Each agency shall provide the following:

(i) Opportunity for the Indiana Department of Environmental Management (IDEM) and the governor to comment on the list developed under clause (A).

(ii) Notice to the public of the minor actions list developed under clause (A).

Only those actions on the lists developed under clause (A) shall be so exempted.

(2) Emergency actions including those actions necessitated by a sudden unexpected occurrence that demands immediate action to mitigate loss or damage to:

(A) life;

(B) health;

(C) property; or

(D) essential public services;

shall be exempted.

  (f) Statutory exemptions include the following:

(1) The issuance of a license or permit by any agency of the state, as exempted by IC 13-12-4-8.

(2) An action for which an environmental impact statement or finding of no significant impact was prepared pursuant to the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq. (NEPA), unless the action contemplated requires state legislation or state appropriations.

(Solid Waste Management Division; 329 IAC 5-1-3; filed May 31, 1988, 2:42 p.m.: 11 IR 3523; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; filed Feb 9, 2010, 9:27 a.m.: 20100310-IR-329080209FRA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA)