2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 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 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 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 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 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 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.