Public Hearing Notice – NPDES General Permit Changes

The Environmental Rules Board (ERB) will hold a public hearing through Zoom on amendments to 327 IAC 5 and 327 IAC 15 concerning National Pollutant Discharge Elimination System general permits. The meeting is scheduled for September 9, 2020, at 1:30 p.m.

Link to notice of Public Hearing.

The purpose and subject matter of this rulemaking are to change the method of issuance of general permits from the current permit by rule process to administratively issued permits.

The purpose of the meeting is to provide for public comment prior to the final adoption of the revisions to 327 IAC 5 and 327 IAC 15. Article 5 is Industrial Wastewater Pretreatment Programs and NPDES. Article 5 NPDES General Permit Rule Program.

Link to the proposed draft.

ICI has participated in IDEM meetings concerning the proposed revisions. Please contact Dan Osborn with questions.

Multiemployer Projections Show Need for Program Changes

Absent changes in law, the financial condition of PBGC’s Multiemployer Insurance Program will continue to worsen over the next 10 years. About 125 multiemployer plans covering 1.4 million people are expected to run out of money over the next 20 years. More and larger claims on the Multiemployer Program over the next few years will deplete program assets and lead to the program’s insolvency by the end of FY 2025.

Projections for FY 2028 show a wide range of potential outcomes, with an average projected negative net position of about $90 billion in future dollars ($66 billion in today’s dollars).

If the Multiemployer Program were to run out of money, current law would require PBGC to decrease guarantees to the amount that can be paid from Multiemployer Program premium income. This would result in reducing guarantees to a fraction of current values. PBGC’s guarantee is the amount of retirement benefits that PBGC insures for each participant, which is capped by law.

The President’s FY 2020 Budget contains a proposal to shore up PBGC’s Multiemployer Program. The budget proposes to create a new variable rate premium and an exit premium for the Multiemployer Program. It would raise an additional $18 billion in premium revenue over the 10-year budget window. The proposal includes a provision allowing for a waiver of the additional premium if needed to avoid increasing the insolvency risk of the most troubled plans.

AGC of America is working to make Congress aware of this problem and proposing solutions.

Contact ICI’s Director of Labor Relations George Sheraw (317) 634-7547 with questions about PBGC’s Multiemployer Program.

Utility Excavator Filing Requirement Repealed in 2019 Session

Excavators contracting with utility facility operators or owners are no longer required to file a statement of compliance with the Indiana Secretary of State’s office as of May 1, 2019.

House Bill 1487 repealed Indiana Code language, which was enacted in 2018, that required utility excavators to file a statement of compliance with their annual registration due to the Indiana Secretary of State’s office. The filing required a $30 filing fee. The Secretary of State’s office is working to return filings and fees to excavator’s that submitted after May 1, 2019.  

Comment on Annual Employment Data Requirement

The Federal Highway Administration (FHWA) opened up a comment public comment period regarding the annual employment data submission requirement regulation Title 23, Part 140(a). Contractors and state transportation agencies must submit employment data annully from federal aid transportation construction contracts on form PR-1391, Federal-Aid Highway Construction Contractors Summary of Employment Data. This report provides employment workforce data including the number of minorities, women, and nonminorities in specific highway construction job categories. For additional details about the requirements, use of data, and the request for comment, please see the Federal Register Notice 2019-11768.

To submit comments, go to the Federal eRulemaking Portal: Go to

DOT Docket ID 2019–0022. Comments are due by August 5, 2019.

Review Board to Cover Portland Cement Monitoring

The Indiana Department of Environmental Management (IDEM) has proposed an amendment to Indiana Administrative Code (IAC) 326 IAC 3-5-1(b)(5) concerning the requirement for Portland cement plant kilns and clinker coolers to monitor opacity. ICI published a IDEM’s notice in the December 12, 2018 ICI newsletter. The Environmental Review Board plans to hold a hearing and vote on the preliminary draft rule during the February 13, 2019 Board meeting (meeting agenda).

The Board meeting will be held on Wednesday, February 13, 2019, 1:30 p.m. at the Indiana Government Center South in Conference Room A. The public entrance is located at 10 North Senate Avenue (access from W. Washington Street).

Amendments and Hearing Notices

The Indiana Register has published the following notices of interest to ICI members:

  1. Continuous Opacity Monitoring Requirements for Portland Cement Plants.
    The Environmental Rules Board will hold public hearing on amendments to 326 IAC 3-5-1 concerning continuous opacity monitoring requirements for Portland cement plants on February 13, 2019, at 1:30 p.m., at the Indiana Government Center South, 10 Senate Avenue, Conference Center Room A, Indianapolis, Indiana. Here’s the Indiana Register Notice. Here is the hearing information. Here is the proposed amended language.
  2. Indiana Department of Workforce Development Hearing Concerning Multiple Indiana Administrative Code Amendments
    The Department of Workforce Development will hold public hearing January 2, 2019, at 10:00 a.m., at the Indiana Government Center South, 302 West Washington Street, Conference Center Room 14, Indianapolis, Indiana. The Department will present multiple proposed amendments. Access the hearing announcement including all the effected IAC code sections here. Here is the proposed amended language.