Ind. Code ch. 13-14-9

Ind. Code ch. 13-14-9
in effect

Ind. Code § 13-14-9-0.2 Application of chapter to certain rules commenced before July 1, 2023

Sec. 0.2. This chapter (as effective January 1, 2023) continues to apply after June 30, 2023, to a rulemaking action that is commenced under this chapter before July 1, 2023. As added by P.L.249-2023, SEC.49.

Ind. Code § 13-14-9-1 Applicability of chapter

Sec. 1. (a) Except as provided in section 14 of this chapter, this chapter applies to the following: (1) The board. (2) The petroleum 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 in accordance with this chapter. [Pre-1996 Recodification Citation: 13-7-7.1-1.] As added by P.L.1-1996, SEC.4. Amended by P.L.100-2006, SEC.7; P.L.204-2007, SEC.11; P.L.133-2012, SEC.89; P.L.170-2023, SEC.19; P.L.176-2023, SEC.31; P.L.249-2023, SEC.50.

Ind. Code § 13-14-9-2 Repealed

[Pre-1996 Recodification Citation: 13-7-7.1-2.] As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.1; P.L.159-2011, SEC.14. Repealed by P.L.249-2023, SEC.51.

Ind. Code § 13-14-9-3 Public comment period; notice

Sec. 3. Before publication of the notice described in IC 4-22-2-23, the department may provide notice in the Indiana Register of a public comment period regarding potential rulemaking. A notice provided under this section must do the following: (1) Identify the authority under which the proposed rule is to be adopted. (2) Describe the subject matter and the basic purpose of the proposed rule. The description required by this subdivision must: (A) list all alternatives being considered by the department at the time of the notice; (B) state whether each alternative listed under clause (A) creates: (i) a restriction or requirement more stringent or burdensome than a restriction or requirement imposed under federal law; or (ii) a restriction or requirement in a subject area in which federal law does not impose restrictions or requirements; (C) state the extent to which each alternative listed under clause (A) differs from federal law; (D) include any information known to the department about the potential fiscal impact of each alternative under clause (A) that creates: (i) a restriction or requirement more stringent or burdensome than a restriction or requirement imposed under federal law; or (ii) a restriction or requirement in a subject area in which federal law does not impose restrictions or requirements; and (E) set forth the basis for each alternative listed under clause (A). (3) Describe the relevant statutory or regulatory requirements or restrictions relating to the subject matter of the proposed rule that exist before the adoption of the proposed rule. (4) Request the submission of alternative ways to achieve the purpose of the proposed rule. (5) Request the submission of comments, including suggestions of specific language for the proposed rule. (6) Include a detailed statement of the issue to be addressed by adoption of the proposed rule. [Pre-1996 Recodification Citation: 13-7-7.1-3.] As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.2; P.L.240-2003, SEC.4; P.L.282-2003, SEC.35; P.L.2-2005, SEC.54; P.L.215-2005, SEC.16; P.L.1-2006, SEC.200; P.L.100-2006, SEC.8; P.L.249-2023, SEC.52; P.L.135-2026, SEC.103.

Ind. Code § 13-14-9-4 Notice of public comment; submission to publisher; requirements

Sec. 4. (a) In addition to the requirements of IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public comment period submitted by the department to the publisher must do the following: (1) Contain a summary of the response of the department to written comments submitted under section 3 of this chapter, if applicable. (2) Request the submission of comments, including suggestions of specific amendments to the language contained in the proposed rule. (3) Identify each element of the proposed rule that imposes a restriction or requirement on persons to whom the proposed rule applies that: (A) is more stringent or burdensome than a restriction or requirement imposed under federal law; or (B) applies in a subject area in which federal law does not impose a restriction or requirement. (4) With respect to each element identified under subdivision (3), identify: (A) the environmental circumstance or hazard that dictates the imposition of the proposed restriction or requirement to protect human health and the environment; (B) examples in which federal law is inadequate to provide the protection referred to in clause (A); and (C) the: (i) estimated fiscal impact; and (ii) expected benefits; based on the extent to which the proposed rule is more stringent or burdensome than the restrictions or requirements of federal law, or on the creation of restrictions or requirements in a subject area in which federal law does not impose restrictions or requirements. (5) For any element of the proposed rule that imposes a restriction or requirement that is more stringent or burdensome than a restriction or requirement imposed under federal law or that applies in a subject area in which federal law does not impose restrictions or requirements, describe the availability for public inspection of all materials relied upon by the department in the development of the proposed rule, including, if applicable: (A) health criteria; (B) analytical methods; (C) treatment technology; (D) economic impact data; (E) environmental assessment data; (F) analyses of methods to effectively implement the proposed rule; and (G) other background data. (b) If the notice provided by the department concerning a proposed rule identifies an element of the proposed rule that imposes a restriction or requirement more stringent or burdensome than a restriction or requirement imposed under federal law, the proposed rule shall not become effective under this chapter until the adjournment sine die of the regular session of the general assembly that begins after the department provides the notice. (c) Subsection (b) does not prohibit or restrict the commissioner, the department, or the board from: (1) adopting provisional rules under IC 4-22-2-37.1; (2) taking emergency action under IC 13-14-10; or (3) temporarily: (A) altering ordinary operating policies or procedures; or (B) implementing new policies or procedures; in response to an emergency situation. [Pre-1996 Recodification Citation: 13-7-7.1-4.] As added by P.L.1-1996, SEC.4. Amended by P.L.240-2003, SEC.5; P.L.215-2005, SEC.17; P.L.100-2006, SEC.9; P.L.218-2016, SEC.2; P.L.249-2023, SEC.53; P.L.93-2024, SEC.116; P.L.135-2026, SEC.104.

Ind. Code § 13-14-9-4.2 Department required to provide regulatory analysis to board

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 latest version of the regulatory analysis prepared for the proposed rule. As added by P.L.240-2003, SEC.6. Amended by P.L.226-2005, SEC.2; P.L.123-2006, SEC.28; P.L.249-2023, SEC.54.

Ind. Code § 13-14-9-4.5 Additional public comment period; notice

Sec. 4.5. (a) Except for a rule that has been preliminarily adopted by a board in a form that is: (1) identical to; or (2) not substantively different from; the proposed rule published in a notice under IC 4-22-2-23 or (if applicable) IC 4-22-2-24, a board may not adopt a rule under this chapter until the board has conducted an additional public comment period that is at least thirty (30) days in length. (b) The department shall publish notice of an additional public comment period with the information that is required to be published in the Indiana Register under section 5(a)(2) of this chapter. As added by P.L.130-1997, SEC.3. Amended by P.L.240-2003, SEC.7; P.L.249-2023, SEC.55.

Ind. Code § 13-14-9-5 Adoption; prerequisites

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 information in the Indiana Register required by section 4 of this chapter. However, a notice of an additional public comment period under section 4.5 of this chapter must request the submission of comments, including suggestions of specific amendments, that concern only the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in the immediately preceding notice under section 4 or (if applicable) 4.5 of this chapter. (3) The board, after publication of the notice under subdivision (2), holds another board meeting on the proposed rule. (4) If an additional public comment period is required under section 4.5 of this chapter, the department publishes notice of the additional public comment period in the Indiana Register. (b) Board meetings held under subsection (a)(1) and (a)(3) shall be conducted in accordance with IC 4-22-2-26(b) through IC 4-22-2-26(d). (c) At a board meeting held under subsection (a)(1), the board shall determine whether the proposed rule will: (1) proceed to publication under subsection (a)(2); (2) be subject to additional comments under section 4.5 of this chapter; or (3) be reconsidered at a subsequent board meeting in accordance with IC 4-22-2-26(d). [Pre-1996 Recodification Citation: 13-7-7.1-5.] As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.4; P.L.2-1998, SEC.48; P.L.224-1999, SEC.2; P.L.123-2006, SEC.29; P.L.249-2023, SEC.56.

Ind. Code § 13-14-9-6 Board meetings; written materials

Sec. 6. 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) The written responses of the department to all comments received: (A) during the immediately preceding public comment period for a board meeting held under section 5(a)(1) of this chapter; (B) during the immediately preceding board meeting under section 5(a)(1) of this chapter for a board meeting held under section 5(a)(3) of this chapter if an additional public comment period is not required under section 4.5 of this chapter; or (C) during: (i) an additional public comment period that address the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in a notice under section 4 of this chapter; and (ii) the immediately preceding board meeting held under section 5(a)(1) of this chapter; for a board meeting held under section 5(a)(3) of this chapter if an additional public comment period is required under section 4.5 of this chapter. (3) The full text of the latest version of the regulatory analysis provided to the budget agency and the office of management and budget under IC 4-22-2-22.8. [Pre-1996 Recodification Citation: 13-7-7.1-6.] As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.5; P.L.224-1999, SEC.3; P.L.123-2006, SEC.30; P.L.249-2023, SEC.57.

Ind. Code § 13-14-9-7 Repealed

[Pre-1996 Recodification Citation: 13-7-7.1-7.] As added by P.L.1-1996, SEC.4. Repealed by P.L.249-2023, SEC.58.

Ind. Code § 13-14-9-8 Rule based on nullified federal law or regulation

Sec. 8. If the commissioner determines that a federal law, regulation, or rule: (1) is the basis of a rule that is adopted by the board; and (2) is stayed by an administrative or a judicial order pending an administrative or a judicial action regarding the validity of the federal law, rule, or regulation; the commissioner may suspend the enforcement of that part of the adopted rule that corresponds to the stayed federal law, rule, or regulation while the stay is in force. [Pre-1996 Recodification Citation: 13-7-7.1-8.] As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.12; P.L.79-2011, SEC.1; P.L.159-2011, SEC.15; P.L.6-2012, SEC.103; P.L.249-2023, SEC.59.

Ind. Code § 13-14-9-9 Action upon proposed rules; amended proposal

Sec. 9. After complying with sections 4 through 6 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 or with amendments that meet the substantially similar or logical outgrowth requirements of IC 4-22-2-29(c); (2) recommend amendments to the proposed rule; (3) reject the proposed rule; or (4) reconsider the proposed rule at a subsequent board meeting in accordance with IC 4-22-2-26(d). [Pre-1996 Recodification Citation: 13-7-7.1-9.] As added by P.L.1-1996, SEC.4. Amended by P.L.249-2023, SEC.60.

Ind. Code § 13-14-9-10 Repealed

[Pre-1996 Recodification Citation: 13-7-7.1-10.] As added by P.L.1-1996, SEC.4. Repealed by P.L.249-2023, SEC.61.

Ind. Code § 13-14-9-11 Amended proposals; notice

Sec. 11. If the board recommends amendments to a proposed rule under section 9(2) 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) of this chapter. [Pre-1996 Recodification Citation: 13-7-7.1-11.] As added by P.L.1-1996, SEC.4. Amended by P.L.249-2023, SEC.62.

Ind. Code § 13-14-9-12 Rejection; grounds

Sec. 12. The board may reject a proposed rule under section 9 of this chapter if one (1) of the following conditions exists: (1) The board determines that necessary amendments to the proposed rule will affect persons that reasonably require an opportunity to comment under section 4 of this chapter. (2) The board determines that due to the fundamental or inherent structure or content of the proposed rule, the only reasonably anticipated method of developing a rule acceptable to the board is to require the department to redraft the rule and to obtain public comments under section 4 of this chapter. (3) The board determines that, due to a procedural or other defect in the implementation of applicable rulemaking requirements, an interested or affected party will be unfairly and substantially prejudiced if the public comment period under section 4 of this chapter is not again afforded and that no reasonable alternative method to obtain public comments is available to the interested or affected party other than the public comment period under section 4 of this chapter. [Pre-1996 Recodification Citation: 13-7-7.1-12.] As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.13; P.L.249-2023, SEC.63.

Ind. Code § 13-14-9-13 Rejection; public comment

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 P.L.1-1996, SEC.4.

Ind. Code § 13-14-9-14 Procedures for board to establish water quality standards for combined sewer community; notice of rulemaking; hearing; EPA approval

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 has: (1) an approved long term control plan; and (2) an approved use attainability analysis that supports the use of a CSO wet weather limited use subcategory established under IC 13-18-3-2.5. (c) After the department approves the long term control plan and use attainability analysis, the department shall publish in the Indiana Register a notice of adoption of a proposed rule to establish a CSO wet weather limited use subcategory for the area defined by the approved use attainability analysis. (d) The notice under subsection (c) must include the following: (1) Suggested rule language that amends the designated use to allow for a CSO wet weather limited use subcategory in accordance with IC 13-18-3-2.5. (2) A written comment period of at least thirty (30) days. (3) A notice of public hearing before the board. (e) The department shall include the following in the written materials to be considered by the board at the public hearing referred to in subsection (d)(3): (1) The full text of the proposed rule as most recently prepared by the department. (2) Written responses of the department to written comments received during the comment period referred to in subsection (d)(2). (3) The letter prepared by the department approving the long term control plan and use attainability analysis. (f) At the public hearing referred to in subsection (d)(3), the board may: (1) adopt the proposed rule to establish a new water quality standard amending the designated use to allow for a CSO wet weather limited use subcategory; (2) adopt the proposed rule with amendments; (3) reject the proposed rule; or (4) determine to reconsider the proposed rule at a subsequent board meeting. (g) If the board adopts the proposed rule with amendments under subsection (f)(2), the amendments must meet the substantially similar or logical outgrowth requirements of IC 4-22-2-29(c). The board, in determining whether the amendments are a logical outgrowth of comments provided to the board, and in considering whether the language of comments provided to the board fairly apprised interested persons of the specific subjects and issues contained in the amendments, shall consider the comments provided to the board at the public hearing referred to in subsection (d)(3). (h) The department shall submit a new water quality standard established in a rule adopted under subsection (f) to the United States Environmental Protection Agency for approval. As added by P.L.100-2006, SEC.10. Amended by P.L.159-2011, SEC.16; P.L.133-2012, SEC.90; P.L.249-2023, SEC.64.

Ind. Code § 13-14-9-15 Environmental management rules; expiration

Sec. 15. Rules adopted in accordance with this chapter by the department of environmental management or a board that has rulemaking authority under this title expire as provided in IC 4-22-2.6. As added by P.L.249-2023, SEC.65.

Ind. Code § 13-14-9-16 Expiration of rule document; publisher notification of failure to adopt a rule

Sec. 16. (a) For a rule document subject to this chapter, the one (1) year period established under IC 4-22-2-25 in which to adopt a rule and obtain the approval or deemed approval of the governor commences on the date that the initial public comment period notice for the rule document is published in the Indiana Register under section 4 of this chapter. (b) If an agency determines that a rule cannot be adopted within one (1) year after the publication of the notice, the department shall, before two hundred fifty (250) days following the publication of the notice, notify the publisher by electronic means: (1) the reasons why the rule was not adopted and the expected date the rule will be completed; and (2) the expected date the rule will be approved or deemed approved by the governor or withdrawn under IC 4-22-2-41. (c) If a rule is not approved before the later of: (1) one (1) year after the department publishes the initial notice of intent under this chapter; or (2) the expected date contained in a notice concerning the rule that is provided to the publisher under subsection (b); a later approval or deemed approval is ineffective, and the rule may become effective only through another rulemaking action initiated under this chapter. As added by P.L.249-2023, SEC.66.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026