20160706-IR-329160144BFA IC 13-14-9.5 NOTICE OF FINAL READOPTION LSA Document #16-144(F)

TITLE 329 SOLID WASTE MANAGEMENT DIVISION

IC 13-14-9.5 NOTICE OF FINAL READOPTION LSA Document #16-144(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.

PURPOSE OF NOTICE

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 329 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted:

READOPTED RULES:

	329 IAC 5	STATE ENVIRONMENTAL POLICY
	329 IAC 6.1	PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS
	329 IAC 10-7.2	Generator Responsibilities for Waste Information
	329 IAC 10-8.2	Management Requirements for Certain Solid Wastes
	329 IAC 11-1	General Provisions
	329 IAC 11-2	Definitions
	329 IAC 11-9	Application Procedure for All Solid Waste Processing Facilities
	329 IAC 11-11	Permit Issuance and Miscellaneous Provisions
	329 IAC 11-12	Solid Waste Processing Facilities; Operation Approval and Preoperational Requirements
	329 IAC 11-13.5	Solid Waste Processing Facilities; Operational Requirements
	329 IAC 11-16	Solid Waste Processing Facilities; Closure and Post-Closure Requirements

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5.

HISTORY

First Notice of Comment Period: April 13, 2016, Indiana Register (DIN: 20160413-IR-329160144BNA).

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, 2017, January 1, 2020, and January 1, 2021. 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.

NOTICE OF READOPTION

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:

329 IAC 5

329 IAC 6.1

329 IAC 10-7.2

329 IAC 10-8.2

329 IAC 11-1

329 IAC 11-2

329 IAC 11-9

329 IAC 11-11

329 IAC 11-12

329 IAC 11-13.5

329 IAC 11-16

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, 2023. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at IC 13-14-9.

LSA Document #16-144(F)

First Notice of Comment Period: 20160413-IR-329160144BNA

Filed with Publisher: June 6, 2016, 11:52 a.m.

Posted: 07/06/2016 by Legislative Services Agency

DIN: 20160706-IR-329160144BFA

Composed: Nov 01,2016 2:15:55AM EDT

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