2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-11.5. Use by Department of Policy or Statement; Presentation to Appropriate Board; Public Dissemination

Sec. 11.5. (a) If the department proposes to utilize a policy or statement that:
(1) interprets, supplements, or implements a statute or rule;
(2) has not been adopted in compliance with IC 4-22-2;
(3) is not intended by the department to have the effect of law; and
(4) is not related solely to internal department organization;
the proposed policy or statement may not be put into effect until the requirements of subsection (b) have been met.
(b) The department shall present the proposed policy or statement under subsection (a) to the appropriate board. At least forty-five (45) days before the presentation, the department shall make available to the public, including posting on the department's web site:
(1) the proposed policy or statement;
(2) information on the availability for public inspection of all materials relied upon by the department in the development of the proposed policy or statement, including, if applicable:
(A) health criteria;
(B) analytical methods;
(C) treatment technology;
(D) economic impact data;
(E) environmental assessment data; and
(F) other background data;
(3) the date, time, and location of the presentation under this subsection to the appropriate board; and
(4) information regarding the opportunity for a person to comment to the department and the appropriate board on the proposed policy or statement before or at the time of the presentation under this subsection.
The department shall provide to the appropriate board at the time of the presentation under this subsection a copy of all comments made by a person under subdivision (4). The proposed policy or statement may not be put into effect until thirty (30) days after the policy or statement is presented to the appropriate board.
(c) If the department utilizes a policy or statement described in subsection (a), the department shall distribute:
(1) two (2) copies of the policy or statement to the publisher of the Indiana Register for publication in the Indiana Register; and
(2) the copies required under IC 4-23-7.1-26 to the Indiana library and historical department.
(d) The department shall:
(1) maintain a current list of all department policies and statements described in subsection (a) that the department may use in the department's external affairs; and
(2) update the list at least one (1) time each month.
(e) The department shall include the following information on the list described in subsection (d) for each policy or statement:
(1) The title of the policy or statement.
(2) The identification number of the policy or statement.
(3) The date the policy or statement was originally adopted.
(4) The date the policy or statement was last revised.
(5) A reference to all other policies or statements described in subsection (a) that are repealed or amended by the policy or statement.
(6) A brief description of the subject matter of the policy or statement.
(f) At least one (1) time every three (3) months, the department shall distribute two (2) copies of the list maintained and updated under subsection (d) to the following:
(1) The publisher of the Indiana Register.
(2) The Indiana library and historical department.
As added by P.L.127-1996, SEC.1. Amended by P.L.261-1999, SEC.2; P.L.240-2003, SEC.3.