IDEM Seeks Public Comments on Draft Nonrule Policy Documents

By Seth Thomas, Ice Miller LLP

Recently, the Indiana Department of Environmental Management (IDEM) has published three nonrule policy documents to its webpage. A nonrule policy document (NPD) is intended to clarify for the public IDEM's interpretation of an environmental statute or rule. It is not intended by the agency to have the effect of law and is not related solely to internal agency organization. Per Indiana Code 13-14-1-11.5, an NPD must be made available on the agency Internet website for at least 45 days and then explained to the appropriate state environmental board(s). It becomes effective 30 days afterward and is published in the Indiana Register.

Three new NPDs are currently pending comment from the public.  These include:

• Applicability of RCRA Corrective Action Laws to Current Owners of Hazardous Waste Disposal Sites (comments due September 27, 2015)
• Procedures for Gaining Access to Third Party Properties by Responsible Parties Performing Remediation (comments due September 27, 2015) 
• Alternate Water Supply (comments due October 13, 2015)
  

Environmental practitioners and their clients are encouraged to review the documents and provide any comments or questions to IDEM. 

This post was written by Seth Thomas of Ice Miller LLP. If you would like to submit content or write an article for the Environmental Law Section page, please email Rachel Beachy at rbeachy@indybar.org.