Public Hearing Scheduled for “Rule 5” General Permit Revisions

On Wednesday, May 13 at 1:30 p.m., at the Indiana Government Center South, 10 North Senate Avenue, Conference Center Room A, Indianapolis, Indiana, the Environmental Rules Board will hold a public hearing on amendments to 327 IAC 5 and 327 IAC 15 concerning National Pollutant Discharge Elimination System general permits (NPDES). The purpose of this hearing is to receive comments from the public prior to consideration of final adoption of these rules by the board. All interested persons are invited and will be given reasonable opportunity to express their views concerning the proposed amendments. Oral statements will be heard, but, for the accuracy of the record, all comments should be submitted in writing. Additional information regarding this action may be obtained from MaryAnn Stevens, Rules Development Branch, Office of Legal Counsel, (317) 232-8635 or (800) 451-6027 (in Indiana).

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).

Submit Comments for IDEM Proposed General Permit for Storm Water Run-Off

The Indiana Department of Environmental Management (IDEM) has invited ICI to participate in an advisory group to review and comment on a draft General Permit for Construction Site Run-Off (storm water run-off). This General Permit would take the place of Indiana’s Rule 5, Storm Water Run-Off Associated with Construction Activity. The advisory group consists of industry and special interest group representatives such as American Council of Engineering Companies of Indiana, Indiana Builders Association, White River Alliance, Indiana Association of Floodplain and Storm Water Management and INDOT.

ICI is working with the other advisory groups during the review and comment period and will submit comments to IDEM by Monday, August 21 in preparation for our next advisory group meeting on Thursday, August 31.

  1. Some key proposed changes from the current Rule 5 (327 IAC 15-5) include:
  2. New document format.
  3. Permit coverage includes post-construction run-off measure implementation.
  4. Minimum 50 ft. natural buffer if land disturbance occurs adjacent to waters of the state unless infeasible.
  5. Timeline requirements for inspection after rain events and storm water best practice implementation.
  6.  Inspection threshold trigger – .25-inch rain event if discharging into impaired waters of the state.
  7. SWAPP (Storm Water Assessment Performance Program) – Includes criteria about regular and post rain event site evaluation.
  8. Project Management Log to include, but not limited to, a list of responsible individuals, information about off-site borrow / disposal sites, SWAPP reports, rainfall events greater than .5 or .25 inches in where applicable and all construction plan modifications.
  9. Street cleaning by the end of the work day.
  10. Covering of waste receptacles.

Another important aspect will be implementation timing. ICI will advocate an implementation plan that will minimize administrative burden on existing projects and current projects in the later phases of development.

ICI will continue to publish updates concerning this General Permit throughout the review and comment period. Contact Dan Osborn (317) 634-7547 to review and comment on the proposed General Permit.