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Tuesday, March 03, 2009

Environment - More on: "IDEM updates compliance and enforcement policy to reflect changes to agency structure"

Updating yesterday's ILB, Gitte Laasby reports today in the Gary Post-Tribune in a story that begins:

The Indiana Department of Environmental Management is not backing down from its controversial new enforcement policy.

IDEM posted a version with minor changes on its Web site Monday. The agency mainly revised its October draft to reflect that it no longer has a separate enforcement branch. The new draft does not address concerns that the policy would make it tougher for IDEM staff to enforce against polluters who violate their permits. * * *

The policy is now up for public comment for 45 days. After that, IDEM will take it to the state's air and water pollution control boards and to the solid waste management board before it takes effect.

The procedure for IDEM's putting a nonrule policy document (NPD) into effect is set out in IC 13-14-1-11.5(b) Subsection (a) states: "the proposed policy or statement may not be put into effect until the requirements of subsection (b) have been met."

Basically under subsection (b), for at least 45 days before it presents the policy to the appropriate environmental board or boards, IDEM must post the proposed NPD and associated information on the IDEM website, along with the date, time, and location of the presentation to the appropriate board, and information on how to submit comments.

That is it. After presentation of the proposed NPD to the appropriate board (the board really has no say, there is no provision for a vote, etc.), IDEM is to send it to the Indiana Register for publication. But the last step for effectiveness is presentation to the board(s).

Thus, I would disagree with that part of the Tribune story that quotes an environmental representative as stating:

* * * the public comment period must be noticed in the Indiana Register, but wasn't.

"If they did, they certainly didn't follow the statutory requirements," she said. "I have checked listings of the Indiana Register for September, October and November and there are no such notices."

Posted by Marcia Oddi on March 3, 2009 01:22 PM
Posted to Environment