20160706-IR-328160142BFA IC 13-14-9.5 NOTICE OF FINAL READOPTION LSA Document #16-142(F)

TITLE 328 UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD

IC 13-14-9.5 NOTICE OF FINAL READOPTION LSA Document #16-142(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 328 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted:

READOPTED RULES:

	328 IAC 1-3-1.3	Cost effectiveness of corrective action
	328 IAC 1-3-1.6	Preapproval of work
	328 IAC 1-3-2	Fund disbursement
	328 IAC 1-3-6	Limitation of liability
	328 IAC 1-4-4	Monthly reimbursement
	328 IAC 1-5-3	Deemed approved; reimbursement of costs

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5.

HISTORY

First Notice of Comment Period: April 13, 2016, Indiana Register (DIN: 20160413-IR-328160142BNA).

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. 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:

328 IAC 1-3-1.3

328 IAC 1-3-1.6

328 IAC 1-3-2

328 IAC 1-3-6

328 IAC 1-4-4

328 IAC 1-5-3

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 #16-142(F)

First Notice of Comment Period: 20160413-IR-328160142BNA

Filed with Publisher: June 6, 2016, 11:51 a.m.

Posted: 07/06/2016 by Legislative Services Agency

DIN: 20160706-IR-328160142BFA

Composed: Nov 01,2016 2:15:54AM EDT

A PDF version of this document.