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Proposed and Current Rules, Regulations & Laws
involving the Office of Indiana State Chemist


NOTE: Many of the documents on this site are in PDF format and require that you have the Adobe Reader installed to view them. The Adobe Reader is free and available from the Adobe website. The rest of the documents are located on the www.in.gov website. Please scroll down to see rules and regulations for individual departments, or use the following links to jump to the individual sections: Pesticide Section, Animal Feed and Pet Food Section, Fertilizer Section, Seed Section.




PESTICIDE SECTION

 

Current Laws:

 

Current Rules:




Proposed: Revision to 355 IAC 5 Storage and Containment of Pesticides (LSA #22-386)

Pesticide

Rulemaking Docket

LSA Document Number 22-386
Rule Description Adds 355 IAC 5-0.5 to identify the scope of the regulated persons under this article. Amends and adds provisions to 355 IAC 5-1 to establish definitions referenced throughout the article, and to clarify the applicability of the definitions in IC 15-16-4 and IC 15-16-5. Amends 355 IAC 5-2-1 to limit appurtenance requirements to bulk and minibulk only. Amends 355 IAC 5-2-2 to limit underground pesticide storage restrictions to bulk and minibulk only. Amends 355 IAC 5-2-3 to limit abandoned container restrictions to bulk and minibulk only. Amends 355 IAC 5-2-4 to limit container materials restrictions to bulk and minibulk only. Amends 355 IAC 5- 2-5 to limit storage container anchoring requirements to bulk and minibulk only. Amends 355 IAC 5-2-6 to limit storage container venting requirements to bulk only. Amends 355 IAC 5-2-8 to limit container filling restrictions to bulk only. Amends 355 IAC 5-2-9 to limit shutoff valve requirements to bulk and minibulk only. Amends 355 IAC 5- 2-10 to limit appurtenance requirements to bulk and minibulk only. Amends 355 IAC 5-2-11 to limit leveling gauge requirements to bulk only. Amends 355 IAC 5-2-12 to limit maintenance requirements to bulk and minibulk only. Amends 355 IAC 5-3-1 to limit operational area requirements to bulk and minibulk only. Amends 355 IAC 5-4-1 to differentiate between bulk and minibulk secondary storage requirements. Amends 355 IAC 5-4-2 to clarify the reference to floors of containment structures. Amends 355 IAC 5-4-3 to clarify acceptable materials for floors of secondary containment. Amends 355 IAC 5-4-4 to differentiate between bulk and minibulk drainage requirements. Amends 355 IAC 5-4-7 to permit double wall storage containers to satisfy the secondary containment requirement. Amends 355 IAC 5-5-1 to limit certain storage requirements to dry bulk only. Amends 355 IAC 5-8-1 to limit storage registry requirements to bulk only. Adds 355 IAC 5-10 to consolidate and simplify pesticide storage and use restrictions in wellhead protection areas and isolation areas. Adds 355 IAC 5-11 to consolidate pesticide service container requirements. Adds 355 IAC 5-12 to consolidate open burning restrictions for pesticide containers. Repeals 355 IAC 5-1-7.5 and 355 IAC 5-1-12. Statutory authority: IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5-64.
Notice of Intent http://iac.iga.in.gov/iac//20221228-IR-355220386NIA.xml.pdf
Proposed Rule http://iac.iga.in.gov/iac//20230308-IR-355220386PRA.xml.pdf
Public Hearing Notice http://iac.iga.in.gov/iac//20230308-IR-355220386PHA.xml.pdf
Economic Impact Statement http://iac.iga.in.gov/iac//20230308-IR-355220386EIA.xml.pdf
Public Hearing information April 5, 2023; 10:00 A.M.; Office of Indiana State Chemist; 175 S. University Street, West Lafayette, IN 47907-2063
E-mail address for comments scottde@purdue.edu
Mailing address for comments David Scott, Office of Indiana State Chemist, 175 S. University Street, West Lafayette, IN 47907-2063
Deadline for comments April 5, 2023; 5:00 P.M. EDT
Comments and the agency's response to comments may be inspected at this location Public Hearing Summary with all filed comments (pdf, 403kb)
Small business ombudsman comments Small business ombudsman support - Received 3-22-23 (pdf, 119kb)
Other notices:
  1. Publisher's Receipt for Filed Document
http://iac.iga.in.gov/iac//20230424-IR-355220386AFA.xml.pdf
Relevant scientific and technical findings (if applicable) Not Applicable
Final Rule http://iac.iga.in.gov/iac//20230524-IR-355220386FRA.xml.pdf
Effective date of final rule Date
Additional information:
  1. Request to OMB
  2. OMB Approval
  3. Fiscal impact on state and local government
  4. Submission to Legislative Council
  5. SBA approval
  6. Receipt for public hearing notice in Indy Star
  7. Submission to Attorney General
  8. Final Rule adoption signature page
  1. Request to OMB for exception from the regulatory moratorium
    Submitted 7-26-22 (pdf, 688kb)
  2. Exception to the regulatory moratorium (OMB approval)
    Received 12-20-22 (pdf, 211kb)
  3. Fiscal Impact Analysis on state and local government
    Posted 2-27-23 (pdf, 96kb)
  4. Submission to Legislative Council
    Sent 12-20-22 (pdf, 282kb)
  5. State Budget Agency (SBA) Approval
    Received 2-24-23 (pdf, 277kb)
  6. Receipt for public hearing notice in Indy Star
    Published 3-9-23 (pdf, 758kb)
  7. Final Rule package submission to Attorney General (pdf, 367kb)
  8. Final Rule Signature Page (pdf, 155kb)
ANTICIPATED TIMELINE for rulemaking (subject to change)

Anticipated date of publication of proposed rule
- - - - -

Anticipated date of public hearing (at least 21 days after the publication of proposed rule)

March 8, 2023

- - - - -
April 5, 2023
Anticipated date of adoption of final rule April 10, 2023
Anticipated date final rule filed with the Indiana Register after approval by Attorney General and Governor June 10, 2023
Anticipated effective date of rule July 10, 2023


 


 

FEED & PET FOOD SECTION

 

Current Law:

Current Rule:

Proposed (Readoption of 355 IAC 6: Animal Foods):


 

FERTILIZER SECTION

 

Current Laws:

Current Rules:

Proposed (Revision to Indiana Agriculture Ammonia Rule - 355 IAC 3):

 

Proposed (Revision to Indiana Fertilizer Civil Penalty Schedule - 355 IAC 9):


 


 

SEED SECTION

 

Current Laws:

Current Rule:


Proposed: #18-443 - Update to Noxious Weed Seed Rule:

Proposed: #20-82 - Readoption of Standards for Seed and Seed Labeling:

 


 

HEMP SECTION

 

Current Laws:



Proposed: #22-281 - Emergency Hemp Rule: