in-20261118-IR-326260113SNA: OPEN BURNING FOR FIRE TRAINING PURPOSES

TITLE 326 AIR POLLUTION CONTROL DIVISION Notice of Second Public Comment Period LSA Document #26-113 OPEN BURNING FOR FIRE TRAINING PURPOSES PURPOSE OF NOTICE The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amending rules at 326 IAC 4-1-3 concerning exemptions from open burning requirements for fire training. HISTORY Notice of First Public Comment Period: 20260506-IR-326260113FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20260506-IR-326260113RAA Date of First Hearing: October 15, 2026 ADDITIONAL DOCUMENTS Regulatory Analysis: 20261118-IR-326260113RAA Notice of Public Hearing: 20261118-IR-326260113PHA CITATIONS AFFECTED: 326 IAC 4-1-3 AUTHORITY: IC 4-22-2-24; IC 13-14-9-4; IC 13-15-2-1; IC 13-17-3-4 OVERVIEW Basic Purpose and Background IDEM is proposing amendments to the open burning requirements in 326 IAC 4-1-3(a) to add an exemption for fire departments and the Indiana department of homeland security (IDHS) that conduct open burning for the purposes of fire training. Statutory changes made to IC 13-17-9-1 and IC 13-17-9-3 under House Enrolled Act 1637 (P.L.238-2025) added certain types of open burning conducted for fire training purposes to the list of activities that are not required to obtain a permit or any other authorization from IDEM, a unit of local government, or a volunteer fire department before conducting the open burning activity. Additionally, under IC 13-17-19-3(2), the IDHS's mobile burn demonstration unit is uniquely exempt from a ban on burning during unfavorable meteorological conditions. While the listed entities are not required to obtain a prior permit or authorization for exempt burning, they still must comply with the applicable conditions in IC 13-17-9-3 and 326 IAC 4-1-3. IDEM also is proposing changes to 326 IAC 4-1-3(c) to comply with the statutory exemptions and update rule language. 326 IAC 4-1-3(c)(3) is proposed for deletion because the particular exemption no longer exists in the rules of the Indiana natural resources commission. The re-numbered 326 IAC 4-1-3(c)(3) is amended to reduce repetition without changing the intent or scope of the exemption. Amendments to the re-numbered 326 IAC 4-1-3(c)(7) exempt fire departments and IDHS from certain notification and fuel limit requirements for fire extinguisher training, as these requirements may conflict with the open burning for fire training purposes exemption when conducted at certain types of properties. During the Notice of First Public Comment Period, IDEM received comments from the U.S. Department of the Army and U.S. Department of the Air Force regarding the addition of an exemption for U.S. military facilities located within Indiana. The commenters requested that U.S. military facilities also receive the exemption to conduct open burning for fire training purposes on property owned or controlled by the U.S. military without a permit or prior authorization. IDEM has accommodated this request by adding new rule language at 326 IAC 4-1-3(a)(3) and 326 IAC 4-1-3(a)(4)(G) specifically for U.S. military fire departments. The entities primarily affected by the rulemaking are the same entities that are listed in the statutory exemption: the IDHS, municipal fire departments, airport fire departments, volunteer fire departments, and fire training facilities owned or controlled by any other local unit of government where open burning for fire training purposes may occur. The exemption added for U.S. military fire departments in response to comments received during the first notice of comment period means those fire departments are now affected. Requirements will not change substantively for other entities listed in the draft rule, so they are not affected by this rulemaking. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law No element of the draft rule imposes either a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law because the draft rule only provides an exemption at 326 IAC 4-1-3 from other open burning requirements in 326 IAC 4-1. Affected entities, including the IDHS, municipal fire departments, airport fire departments, volunteer fire departments, and U.S. military fire departments are exempted from the requirement to obtain an authorization or approval under 326 IAC 4-1-4.1 before conducting open burning for fire training purposes. Therefore, the draft rule provides an exemption rather than imposes any type of restriction or requirement not imposed under federal law. Small Business Assistance Information For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. IDEM established a compliance and technical assistance program (CTAP) under IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide a point of contact for small businesses affected by environmental regulations. Information on CTAP and other resources available can be found at: www.in.gov/idem/ctap. For purposes of IC 13-28-3, IC 13-28-5, and IC 4-22-2-28.1, small businesses affected by this rulemaking may contact: SUMMARY/RESPONSE TO COMMENTS FROM FIRST PUBLIC HEARING IDEM requested public comment during the first public hearing on October 15, 2026. IDEM did not receive any comments during the public hearing. SUMMARY/RESPONSE TO COMMENTS FROM FIRST COMMENT PERIOD IDEM requested public comment from May 6, 2026, through June 5, 2026, on IDEM's draft rule language. IDEM received comments from the following parties by the comment period deadline: The comments received and IDEM's responses to the comments are summarized as follows: Comment: Indiana's Open Burning for Fire Training Purposes regulation proposes to amend the requirements in 326 Indiana Administrative Code (IAC) 4-1-3 by adding an exemption for certain fire training facilities that conduct open burning for the purpose of fire training. The proposed rule includes a list of exempted fire departments including Indiana department of homeland security, municipal fire departments, airport fire departments, and volunteer fire departments. There is no express exemption for the military or Department of War (DOW) military service branch fire-fighting departments or emergency services. We would like to respectfully request IDEM's consideration of such an exemption for military services and fire training occurring on DOW owned or controlled property. Such an exemption would save time and money for the military and IDEM and would ensure military installations such as Naval Support Activity Crane, Grissom Air Reserve Base, and Camp Atterbury need not submit recurring applications for identical, routine fire training activities. (MA) Comment: Indiana's Open Burning for Fire Training Purposes regulation proposes to amend the requirements in 326 Indiana Administrative Code (IAC) 4-1-3 by adding an exemption for certain fire training facilities that conduct open burning for the purpose of fire training. In reviewing the proposed regulation, I noticed that a list of exempted fire departments was included (namely, the Indiana Department of Homeland Security, municipal fire department, airport fire department, and volunteer fire department); however, there is no express [sic] exemption for Department of War (DOW) or National Guard fire training facilities located on DOW-owned or -controlled property. Currently, burns for the purpose of fire training on military installations and facilities may be authorized by the issuance of an approval by the commissioner or the commissioner's designated agent after consideration of an approval application. This means military installations such as Naval Support Activity Crane, Grissom Air Reserve Base, and Camp Atterbury must submit recurring applications for identical, routine training activities. Accordingly, on behalf of DOW, I respectfully request DOW and National Guard fire departments and fire-training facilities that perform open burning for fire training purposes on DOW-owned or -controlled property, be included within the list of exemptions. Extending this exemption to military services will eliminate redundant administrative burdens and ensure regulatory consistency across all professional firefighting entities in Indiana while directly supporting military training and readiness. (MK) Response: IDEM appreciates the commenters raising this issue. In response to these comments, IDEM has added an exemption at 326 IAC 4-1-3(a)(3) for U.S. military fire departments that conduct open burning for fire training purposes at property owned or controlled by the U.S. military. To meet the exemption, the entities must comply with the requirements in 326 IAC 4-1-3(a)(4), including specific requirements for U.S. military fire departments at 326 IAC 4-1-3(a)(4)(G). REQUEST FOR PUBLIC COMMENT IDEM is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than December 18, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the office of the Rules Development Branch, Office of Legal Counsel, Indiana Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the IDEM Rules Development Branch office. This notice is the second of two (2) thirty (30) day periods in which the public may comment on the proposed rule. Following this second public comment period, the Environmental Rules Board may adopt a version of the proposed rule that is the same as or does not substantially differ from the text of the proposed rule published in this notice. EXPLANATION OF DIFFERENCES IN PROPOSED RULE 326 IAC 4-1-3(a)(3) and 326 IAC 4-1-3(a)(4)(G) Adds open burning for fire training purposes by U.S. military fire departments as an exempt burning activity that does not require an application at 326 IAC 4-1-3(a)(3), and also adds certain conditions related to that burning at 326 IAC 4-1-3(a)(4)(G). This change was made in response to comments from the first comment period by the U.S. Department of the Army and U.S. Department of the Air Force. Various minor changes throughout 326 IAC 4-1-3 IDEM has implemented some recommended technical changes from LSA during their review of the first notice of comment period. The changes do not add or remove requirements but rather improve the rule language and consistency between requirements. Examples of these changes include the following: PROPOSED RULE Sec. 3. (a) IC 13-17-9 exempts Subject to subdivision (4), certain types of open burning for maintenance purposes do not require a permit or any other authorization before conducting the open burning, listed as follows: (b) The types of fires identified in subsection (c) are allowed under this rule. Unless specified otherwise, the following conditions apply to any type of fire allowed by this subsection identified under subsection (c): (c) The following types of fires are allowed under this rule: *This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 www.gpo.gov, or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Legal Counsel, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana IN 46204. LSA Document #26-113 Notice of First Public Comment Period: May 6, 2026 Documents Incorporated by Reference: None Received by Publisher State Budget Committee Agenda dated July 9, 2026: Received by Publisher Small Business Regulatory Coordinator: Billie Franklin, IDEM Rules Development, Section Chief, IGCN 1315, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-0622, Bfrankli@idem.in.gov