in-20250820-IR-355240622RNA: OVERVIEW

TITLE 355 STATE CHEMIST OF THE STATE OF INDIANA Notice of Public Comment Period for Rule Readoption LSA Document #24-622 Readopts rules in anticipation of IC 4-22-2.6, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the fifth year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the publisher. STATUTORY AUTHORITY: IC 15-16-2; IC 15-16-4-50; IC 15-16-4-52; IC 15-16-5; IC 15-16-5-44; IC 15-16-5-45 OVERVIEW Rules to be readopted without changes are as follows: Rules to be repealed are as follows: SUMMARY OF FINDINGS UNDER IC 4-22-2.6-4 The Office of Indiana State Chemist (OISC) has reviewed 355 IAC 4 in accordance with IC 4-22-2.6-4 and finds that the rule remains necessary, effective, and appropriate for continued implementation. The subject matter covered by the rule—regulation of pesticide use, certification of applicators, and financial responsibility for pesticide businesses—continues to be actively administered by OISC. The rule is essential for maintaining Indiana’s primary enforcement authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), fulfilling the requirements of the state’s EPA-approved Certification and Training (C&T) Plan, and preserving Indiana’s primacy. The rule is written clearly and accessibly, with structured definitions, straightforward requirements, and minimal legal jargon, ensuring both the regulated community and enforcement entities can interpret and apply the rule consistently. No significant challenges have been encountered in enforcing or complying with the rule, and only one negative comment was received during the last rulemaking cycle, which has been addressed through outreach and education. The agency routinely consults stakeholders, including industry workgroups and the Indiana Pesticide Review Board (IPRB), and provides technical support through training sessions, printed resources, and public meetings. OISC has considered alternative regulatory approaches and determined that the current framework remains the least restrictive and most effective. Definitions in 355 IAC 4-0.5 are essential for clarity; financial responsibility requirements in 355 IAC 4-3 are mandated by statute and supported by industry consensus; and 355 IAC 4-7 offers applicators flexibility through continuing education or reexamination, aligning with federal regulations and industry preference. No additional fees, fines, or civil penalties are included in the rule, so IC 4-22-2-19.6 does not apply. Funding for implementation is derived from dedicated user fees and federal EPA grants, with no impact on state general funds. Technological improvements and recent legislative changes have further streamlined compliance. Remote proctoring has expanded exam access, and 2024 statutory amendments have reduced regulatory burden by allowing Registered Technicians to begin work after video training, removing general use pesticide recordkeeping requirements, and revising containment standards to align with federal law. These adjustments reflect responsiveness to industry needs while maintaining the core protections for public health, environmental safety, and regulatory consistency. As such, OISC recommends the readoption of 355 IAC 4 without change. REQUEST FOR PUBLIC COMMENT OISC is soliciting public comment on rules expiring under IC 4-22-2.6. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than September 19, 2025. LSA Document #24-622 Legislative Notice for Rule Readoption: 20241218-IR-355240622LNA Readoption Review: 20250820-IR-355240622RAA