in-20250910-IR-307240628RAA: 765-494-1547

TITLE 307 INDIANA BOARD OF REGISTRATION FOR SOIL SCIENTISTS Readoption Review LSA Document #24-628

I. Statement Whether the Subject Matter Covered by the Rule Remains Carried out by the Agency

The State Chemist serves as an administrative advisor for the Indiana board of registration for soil scientists. The State Chemist continues to maintain the registry for soil scientists. IC 25-31.5-6-2 directs the board to adopt rules for continuing education requirements.  Further, IC 25-31.5-3-4, IC 25-31.5-3-8, IC 25-31.5-4-10, and IC 25-31.5-8-4 all state the board may adopt rules to fulfill the charge of the law.

II. Rationale for the Continued Need for the Rule   

There is a continued need for these rules. The Indiana Department of Health requires in 410 IAC 6-8.3-56 and 410 IAC 6-10.1-51 that on-site evaluations shall be described by a soil scientist as defined by IC 25-31.5. The expense to become a registered soil scientist, once qualified, is simply to pay the $240 registration fee that includes a 3 year registration.  The exam fee is included in the $240 registration fee.  Should an individual not pass the initial exam there is a $50 exam fee for each additional exam. To be qualified to become a registered soil scientist an individual must have, according to 307 IAC 1-3-3, “successful completion of a bachelor's degree or an advanced degree” with specified hours of coursework in specific areas. The expenses to renew registration as a registered soil scientist are the renewal fee of $240 for a 3 year registration plus the travel cost incurred to participate in a field skills continuing education session that is free to attend. The expense to become a registered soil scientist is not prohibitive. This article allows for reciprocity with other states for the written fundamentals exam. What seems to be the most restrictive part of these rules are the minimum education requirements found in 307 IAC 1-3-3.  The largest demand for the services of an Indiana Registered Soil Scientist (IRSS) seems to be in the on-site waste (septic) system approval.  The Indiana State Department of Health requires that the soil characteristics of a site be described by an IRSS.  My analogy is that a mom, the school nurse, and the LPN can all “know” that a child has a sinus infection.  That does not make them a doctor.  There are approximately 60 practicing IRSS for septic systems in the state with their average age pushing retirement.  It is common to receive inquiries from a septic installer or someone that is familiar with soils wanting to become an IRSS.  In some situations given basic soil types, I am certain that someone with a general understanding of soils would be able to diagnose the “sinus infection.” In a brief conversation with Alice Quinn from the Indiana Department of Health about this matter she very eloquently put that it is the goal for public health that requires someone with advanced education and training to adequately describe the soils allowing the local department of health staff to perform their evaluation and determine if an on site system would be allowed. While the education piece is very restrictive, it is in the public health’s interest that the requirement remains in place. These rules allow reciprocity with other states for the written fundamentals exam. The applicable law, IC 25-31.5-1-1, provides a list of professions that perform soil science activities that are not required to be a registered soil scientist.  A professional engineer, a professional geologist, and a professional wetlands specialist are some examples. These rules are only 11 pages long with the first 4 pages being definitions, information pertaining to the board, and the code of professional conduct. These rules appear easy to comprehend.  The only questions that routinely come up are from the board themselves wondering what the requirements are for an individual to be promoted from an associate soil scientist to a professional.  That is spelled out in 307 IAC 1-3-5.  Some do not remember and others think back to how it was done in the past from previous boards before my time as their advisor. These rules are to set the fee for registrations and renewal (IC 25-31.5-3-2), establish the qualification to become a registered soil scientist (IC 25-31.5-3-3), and establish a code of professional conduct for registered soil scientists (IC 25-31.5-3-4).  This article also does other items necessary for a registration program to function. The enforcement of these rules is rather simple: Either an individual meets the minimum educational requirements and passed the fundamental exams or they did not. If they did not, they are not added to the registry. For renewals it is even more practical to enforce: Either the individual submitted their self-reported general skills continuing education units and attended at least 1 field skills continuing education session or they did not. If they did not, they are removed from the registry.

III. Analysis of fees, fines, and civil penalties under IC 4-22-2-19.6

The fee is set at $240 by 307 IAC 1-4-1.  The fee was established in 2003 and has not increased. The fees support board members’ travel and a small portion of an administrative assistant that assists with the administration of the rules.  The other costs for the Indiana Registry of Soil Scientists are absorbed through the Office of Indiana State Chemist.  The same desk is used, the same computer, and electricity.  There is no doubt that the cost to administer these rules would be far greater than the registration fees generate and the fee should be increased to do as the law, IC 25-31.5-3-2, says and be self-supporting.

IV. Cost-Benefit, Economic Impact, Fiscal Impact, or Regulatory Burden Statements

The board sets forth the prior regulatory burden statement below. The board has reviewed the statement and no revisions are necessary. Regulatory Burden Statement Agency: Office of Indiana State Chemist Proposed Rule: 307 IAC 1 Indiana Registry of Soil Scientists

V. Alternative Methods of Achieving the Purpose of the Rule

307 IAC 1 is for the registry of soil scientists.  This article impacts 58 individuals for a yearly cost of $80 (3-year registration of $240). There is no less costly method.

VI. Complaints and Comments

The only complaint received is that many individuals that work with soils have become highly skilled through years of experience but are prohibited from becoming a registered soil scientist because they are lacking the educational component.  The common example of this would be a septic installer or someone that has an excavation business.  They understand the soil properties and may be able to describe a soil as well as a registered soil scientist.  The largest demand for the services of an Indiana Registered Soil Scientist (IRSS) seems to be in the on-site waste (septic) system approval.  The Indiana State Department of Health requires that the soil characteristics of a site be described by an IRSS.  My analogy is that a mom, the school nurse and the LPN can all “know” that a child has a sinus infection.  That doesn’t make them a doctor.  There are approximately 60 practicing IRSS for septic systems in the state with their average age pushing retirement.  It is common to receive inquiries from a septic installer or someone that is familiar with soils wanting to become an IRSS.  In some situations given basic soil types, I am certain that someone with a general understanding of soils would be able to diagnose the “sinus infection.” In a brief conversation with Alice Quinn from the Indiana Department of Health about this matter she very eloquently put that it is the goal for public health that requires someone with advanced education and training to adequately describe the soils allowing the local department of health staff to perform their evaluation and determine if an on-site system would be allowed. While the education piece is very restrictive, it is in the public health’s interest that the requirement is there.

VII. Difficulties Encountered

We have not experienced any difficulties administering these rules. We have not heard of any regulated parties having difficulties complying this the rules.

VIII. Changes in Technology, Economic Conditions, or Other Factors

Economic conditions have changed since the fee was established in 2003.  It is likely that the fee needs to be increased to cover expenses incurred by administering this registration.

IX. Other State or Federal Requirements

Federal – There is no federal oversight for this. As noted above, however, Indiana law requires there to be registered soil scientists and continuing education requirements for them.

X. Previous Amendments  

There have been no amendments to these rules. We do have a draft that we have been working on for some time.

XI. Integration into Indiana Code

307 IAC 1 is a good candidate for integration into Indiana Code.

XII. Contact Information of Staff to Answer Substantive Questions

Matt Pearson Fertilizer Administrator Office of Indiana State Chemist 175 S University St West Lafayette IN  47907-2063 765-494-1547 pearsonm@purdued.edu Notice of Public Comment Period for Rule Readoption: 20250910-IR-307240628RNA Notice of Determination Received: September 2, 2025