Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 16 - STATE ENVIRONMENTAL POLICY
Rule 1 - Environmental Assessment; Activities of State Agencies
Section 1-3 - Applicability; exemptions; other requirements not superseded
Universal Citation: 326 IN Admin Code 1-3
Current through March 20, 2024
Authority: IC 13-12-4-5; IC 13-14-8
Affected: IC 13-12-4-8
Sec. 3.
(a) This article applies to all state agencies.
(b) This article does not supersede or set aside any other:
(1) assessment;
(2) review; or
(3) determination; required by federal or
state statute, rule, or regulation.
(c) Actions covered include, but are not limited to, the following:
(1) Agency
legislative proposals.
(2) New and
continuing projects and program activities directly undertaken by the agency or
supported in whole or in part through state contracts, grants, subsidies, loans
or other forms of funding assistance.
(3) The making, modification, or
establishment of rules.
(d) Actions exempted are as follows:
(1) Administrative procurements, for example,
general supplies.
(2) Contracts for
consulting services.
(3) Personnel
actions.
(4) Repair or maintenance
of existing structures or facilities involving no expansion.
(5) Basic data collection, research and
experimental management, and resource evaluation activities that do not result
in a significant disturbance to the environment.
(e) Categorical exemptions include the following:
(1) Minor actions including the
following:
(A) Each agency may develop a list
of those actions that it considers to be minor in nature and, therefore,
categorically exempted.
(B) Each
agency shall provide the following:
(i)
Opportunity for Indiana Department of Environmental Management (IDEM) and the
governor to comment on the list developed under clause (A).
(ii) Notice to the public of the minor
actions list developed under clause (A). Only those actions on the lists
developed under clause (A) shall be so exempted.
(2) Emergency actions including those actions
necessitated by a sudden, unexpected occurrence that demands immediate action
to mitigate loss or damage to:
(A)
life;
(B) health;
(C) property; or
(D) essential public services; shall be
exempted.
(f) Statutory exemptions include the following:
(1) The issuance of a license or permit by
any agency of the state, as exempted by IC 13-12-4-8.
(2) An action for which an environmental
impact statement or finding of no significant impact was prepared pursuant to
the National Environmental Policy Act of 1969, as amended,
42 U.S.C.
4321 et seq. (NEPA), unless the action
contemplated requires state legislation or state
appropriations.
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