in-20260909-IR-410260314RAA: Regulatory Analysis — 410 IAC (LSA #260314)

TITLE 410 INDIANA DEPARTMENT OF HEALTH Regulatory Analysis LSA Document #26-314 I. Description of Rule II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule Section Current Rule Proposed Amendments 410 IAC 32-1-12 "Clearance levels" defined This section defines clearance levels as equivalent to hazard levels. Revises "hazard level" to "EPA Dust Lead Action Level (DLAL)" 410 IAC 32-1-17 "Containment" defined This section defines containment used to protect workers and the environment during abatement activities and includes the term "lead-contaminated dust," which applies to dust-lead hazard levels. Revises "contaminated" to "containing" to eliminate the inappropriate reference to dust-lead hazard levels 410 IAC 32-1-28 "Dust-lead hazard" defined This section defines dust-lead hazards using outdated language. Removes references to "hazard threshold" and replaces with "detectable level of lead" 410 IAC 32-1-38 "Hazardous waste" defined This section defines hazardous waste and references "40 CFR 261.3 or 329 IAC 3.1." Removes reference to 329 IAC 3.1 410 IAC 32-1-48 "Lead-contaminated dust" defined This section defines lead-contaminated dust using outdated language. Removes reference to levels identified by the EPA and replaces with "any detectable amount of lead" 410 IAC 32-1-49 "Lead-contaminated soil" defined This section defines lead-contaminated soil with reference to a specific version of 40 CFR Part 745. Updated the incorporation by reference. 410 IAC 32-1-70 "Risk assessor" defined This section defines what risk assessors do. Adds that risk assessors "may" sample Adds "water" as a type of sample that risk assessors may collect Changes purpose to "ensuring clearance levels have been met" 410 IAC 32-1-72 "Soil-lead hazard" defined This section defines soil-lead hazard with reference to a specific version 40 CFR Part 745 and restricts remediation options to abatement methods. Updated the incorporation by reference. Adds interim controls as acceptable remediation options. 410 IAC 32-2-7 Lead-based paint license reciprocity This section details the requirements for obtaining a reciprocal LBP activity license. Removes full title reference to 40 CFR 745. 410 IAC 32-3-3 Initial training course requirements This section details the requirements for initial training courses. Removes full title reference to 29 CFR 1926.62. 410 IAC 32-4-9 Post-abatement clearance procedures This section details the requirements for post-abatement clearance procedures. Revises and clarifies the purpose of clearance dust sampling. Revises "hazard threshold" to updated language of "action level" for clearance levels. Removes the specific reference. Updated the incorporation by reference. V. Benefit Analysis VI. Cost Analysis VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions Notice of First Public Comment Period: 20260909-IR-410260314FNA Notice of Determination Received: August 18, 2026