in-20250820-IR-327240428RAA: 327 IAC 8-1-3

TITLE 327 WATER POLLUTION CONTROL DIVISION Regulatory Analysis LSA Document #24-428 I. Description of Rule  II. Fiscal Impact Analysis III. Impacted Parties This rulemaking may potentially impact current public water system providers. This rule could affect all active public water systems and the populations those systems serve. Currently, there are 3,921 active systems, which serve a total population of 5,631,338. All public water systems have the potential to be impacted by at least one of the rule’s construction standards, but not all of them. Also, this rule will impact engineering firms that design and certify plans for system construction; these firms will need to refer to and ensure compliance with the appropriate standards on their clients’ behalf. An estimated 85 firms conduct this type of work in Indiana. Impacted parties will need to update their AWWA and ASTM standards to maintain consistency with state rules. The AWWA and ASTM standards are provided by IDEM at no cost to impacted parties; however, these standards can also be purchased by impacted parties through their official websites provided in the incorporation by reference paragraphs through the state rule. There is an average associated cost ranging from $99.00 - $142.00 per AWWA standard purchased.

IV. Changes in Proposed Rule

327 IAC 8-2, 327 IAC 8-2.1, 327 IAC 8-2.3, 327 IAC 8-2.4, 327 IAC 8-2.5, 327 IAC 8-2.6, and 327 IAC 8-3-8 are being repealed and replaced by the addition of 327 IAC 8-2.7 and 327 IAC 8-2.8 to incorporate by reference 40 CFR 141 for public water systems to refer to for state and federal requirements regarding recent updates to the drinking water standards. IDEM is updating the American Water Works Association standards through 327 IAC 8 to the December 31, 2023, updated standards. Technology changes with the passage of time; therefore, the standards must also evolve. Additionally, new contaminants and compounds arise requiring the standards to be revised to address them. The 2022 edition of the Recommended Standards for Water Works for the design and review of construction plans and operation of PWS facilities and the 2023 edition of the AWWA standards for analytical methods are the most current version of the standards produced by the GLUMRB and is required under 327 IAC 8-3-4 for approval of a PWS construction permit by IDEM’s commissioner. Citation Summary Imposed by another source of law? If so, where? 327 IAC 8-1-3 Updating citations for repealed rules to reflect the federal citation. No - 327 IAC 8-2; 327 IAC 8-2.1; 327 IAC 8-2.3; 327 IAC 8-2.4; 327 IAC 8-2.5; 327 IAC 8-2.6; 327 IAC 8-3-8; 327 IAC 8-3.5-2 Sections being repealed to remove federal drinking water standards as full text language. No - 327 IAC 8-2.7 Rule being added to incorporate federal drinking water standards by reference in the state rule. Revised Proposed Rule: updated CFR reference to 2024 version; added section addressing Lead and Copper applicability between October 31, 2024 and November 1, 2027; removed inapplicable exception; revised definitions to be consistent with federal definitions; removed definition for unused term. Yes 40 CFR 141 327 IAC 8-2.8 Sanitary Surveys – changes made to this section include: Revised Proposed Rule: added reference to equivalent federal law; corrected federal cross-references. Yes 40 CFR 141 327 IAC 8-3-1 Updates to citations that have been repealed by this rulemaking. Revised Proposed Rule: corrected cross-references. No - 327 IAC 8-3-2 Simplified and clarified previously confusing language in (e) to allow for phased construction of PWSs and cleaned up old language to provide consistency amongst state rules. No - 327 IAC 8-3-4 Updates and incorporates by reference the GLUMBR Recommended Standards for Water Works to 2022 edition, and AWWA standards to 2023 edition. Updated editions are already in use by sources. Revised Proposed Rule: added flexibility to applicable design criteria. No - 327 IAC 8-3.1-2 Updates to citations that have been repealed by this rulemaking. No - 327 IAC 8-3.2-8 Updates to the current GLUMBR and AWWA standards being incorporated by reference. Made AWWA Standards list consistent in title to the documents being incorporated. Revised Proposed Rule: added reference to equivalent federal law. No - 327 IAC 8-3.2-17 Updates to the current AWWA standards being incorporated by reference. No - 327 IAC 8-3.2-18 Updates to the current AWWA standards being incorporated by reference. No - 327 IAC 8-3.3-3 Updating citations for repealed rules to reflect the federal citation. No - 327 IAC 8-3.3-4 Updating citations for repealed rules to reflect the federal citation. Updated outdated language with specific dates for final rule referenced. No - 327 IAC 8-3.4-9 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. Revised Proposed Rule: added references to equivalent federal law; revised language to be consistent with federal law. No - 327 IAC 8-3.4-10 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. No - 327 IAC 8-3.4-23 Updates to the current ASTM and AWWA standards being incorporated by reference. No - 327 IAC 8-3.4-24 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. No - 327 IAC 8-3.4-25 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. No - 327 IAC 8-3.5-5 Clean up old language to provide consistency amongst state rules, and updates to the current AWWA standards being incorporated by reference. Rewrote subsection (g) for consistency with state language format and to provide clarity on vague language. No - 327 IAC 8-3.6-4 Clean up old language to provide consistency amongst state rules, incorporation by reference for federal drinking water standards, and updates to the current GLUMBR and AWWA standards being incorporated by reference Revised Proposed Rule: added reference to incorporated federal law. No - 327 IAC 8-4-2 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. Revised Proposed Rule: added reference to incorporated federal law. No - 327 IAC 8-4.1-1 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. Revised Proposed Rule: revised definition for clarity and to be consistent with federal law. No - 327 IAC 8-4.1-8 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. No - 327 IAC 8-4.1-13 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. No - 327 IAC 8-4.1-14 Updating citations for repealed rules to reflect the federal citation. Revised Proposed Rule: corrected cross-reference. No - 327 IAC 8-4.1-15 Updating citations for repealed rules to reflect the federal citation. No - 327 IAC 8-6-1 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. Rewrote subsection (a) to provide clarity and simplicity. No - 327 IAC 8-10-1 Updating citations for repealed rules to reflect the federal citation. Revised Proposed Rule: added cross-reference. No - 327 IAC 8-10-5 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. No - 327 IAC 8-11-1 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. Revised Proposed Rule: added NTNC PWS system in addition to community PWS. No - 327 IAC 8-12-3.5 Updating citations for repealed rules to reflect the federal citation and cleaning up old language to provide consistency amongst state rules. Removed old citations in subsection (h) that had a breakdown of federal requirements in several different rules and updated reference to singular location for federal drinking water requirements now found in new state rule. No - V. Benefit Analysis VI. Cost Analysis VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions Primary Contact Krystal Hackney Khackney1@idem.in.gov Secondary Contact Billie Franklin Bfrankli@idem.in.gov Notice of Additional Public Comment Period: 20250820-IR-327240428APA Notice of Determination Received: July 31, 2025