SWMB #03-312 - 2003 Hazardous Waste Annual Update


  • 329 IAC 3.1-1-7(a): Incorporates by reference the July 1, 2003 edition of 40 CFR 260 through 40 CFR 270 and 40 CFR 273. This edition includes the following changes to the federal hazardous waste program:
    • Zinc Fertilizers Made From Recycled Hazardous Secondary Materials: Final Rule [PDF], published on July 24, 2002 at 67 FR 48393 through 67 FR 48415. The zinc fertilizer rule applies to recycling of hazardous secondary materials to make zinc fertilizer products. It establishes a more consistent regulatory framework for this practice, and establishes conditions for excluding hazardous secondary materials that are used to make zinc fertilizers from the regulatory definition of solid waste. The rule also establishes new product specifications for contaminants in zinc fertilizers made from those secondary materials.
    • Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium-, Mercury-, and Silver-Containing Batteries; Direct Final Rule [PDF], published on October 7, 2002 at 67 FR 62617 through 67 FR 62624. The battery variance rule grants a national treatability variance from the Land Disposal Restrictions (LDR) treatment standards for radioactively contaminated cadmium-, mercury-, and silver-containing batteries by designating new treatment subcategories for these wastes in response to a rulemaking petition from the Department of Energy. The current treatment standards of thermal recovery for cadmium batteries and of roasting and retorting for mercury batteries are technically inappropriate, because any recovered metals would likely contain residual radioactive contamination and not be usable.
      • The current numerical treatment standard for silver batteries is also inappropriate because of the potential increase in radiation exposure to workers associated with manually segregating silver-containing batteries for the purpose of treatment. Macroencapsulation in accordance with the provisions for treatment standards for hazardous debris is designated as the required treatment prior to land disposal for the new waste subcategories. This will allow safe disposal of these radioactively contaminated materials.
    • NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste Combusters - Corrections, published on December 19, 2002 at 67 FR 77687 through 68 FR 77692. On September 30, 1999 , EPA promulgated regulations to control emissions of hazardous air pollutants from incinerators, cement kilns and lightweight aggregate kilns that burn hazardous wastes. EPA subsequently promulgated three rules that revised these regulations: a Direct Final Rule published on July 3, 2001 , an Interim Standards Rule published on February 13, 2002 , and a Final Amendments Rule published on February 14, 2002 . This rule corrects technical errors in those regulations.
  • 329 IAC 3.1-1-7(c): Incorporates by reference the July 1, 2003 edition of 40 CFR 60, Appendices A-1 through A-8 and 40 CFR 146. These standards and test methods have been significantly changed from the previously incorporated edition (1995). The EPA last made changes to these appendices in 2001. We have updated this incorporation to allow regulated entities to use the latest standards and methods.
  • 329 IAC 3.1-6-3: Clarifies that chemical munitions are acute hazardous wastes. Provides for flexibility in managing materials and wastes derived from destruction of chemical munitions.
  • 329 IAC 3.1-7.5: Adds a new rule to retain procedures for managing rejected hazardous waste loads that are currently found in IC 13-22-5-12. IC 13-22-5-12 will expire on July 1, 2005 . New EPA rules for rejected loads will not be finalized before the statute expires. When the new EPA rules are final, we will repeal this rule and adopt the EPA rejected load rules in the next scheduled update.
  • 329 IAC 3.1-12-2: Corrects the definition of "PCB" by using the Indiana statutory definition found in IC 13-11-2-155. Corrects an outdated reference to include all hazardous wastes listed in 40 CFR 268 Subpart C and Subpart D. Corrects a reference to correctly refer to the certification language to be used by treatment facilities under the land disposal restrictions.
  • 329 IAC 3.1-13-2: Clarifies a reference to hazardous waste permits. 40 CFR 270.32(b)(2) refers to "section 3005 of this act," a reference to the Resource Conservation and Recovery Act codified at 42 U.S.C. 6925 and entitled "Permits for treatment, storage, or disposal of hazardous waste." This has been corrected to refer to 329 IAC 3.1 which covers hazardous waste permits in Indiana. The authority for issuing hazardous waste permits in Indiana is found in IC 13-22-2.
  • 329 IAC 3.1-6-2, 329 IAC 13-3-1, 329 IAC 13-9-5, and 329 IAC 13-3-4: Makes federal changes to the recycled used oil management standards that were published by the EPA on July 30, 2003:
    • Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Recycled Used Oil Management Standards; Final Rule, 68 FR 44659.
      • These changes clarify when used oil contaminated with PCBs is regulated under the RCRA used oil management standards and when it is not; that mixtures of conditionally exempt small quantity generator (CESQG) waste and used oil are subject to the RCRA used oil management standards irrespective of how that mixture is to be recycled; and that the initial marketer of used oil that meets the used oil fuel specification need only keep a record of a shipment of used oil to the facility to which the initial marketer delivers the used oil.

Materials Incorporated by Reference

Effective Date

This document takes effect on (30 days after filing with the Secretary of State), except 329 IAC 3.1-7.5 takes effect on July 1, 2005. We will publish the actual effective date here as soon as the rule is filed.

Notices and Drafts


Indiana Register Publications

  1. First Notice of Comment Period - 27 IR 1387
  2. Continuation of First Notice of Comment Period - 27 IR 2104
  3. Second Notice of Comment Period - 27 IR 2592
  4. Proposed Rule - 27 IR 4109

Workgroup Information

A work group was not formed for this rule.

Meetings & Materials

  • Date of First Public Hearing: July 20, 2004.
  • Date of Second Public Hearing: October 19, 2004.
  • Go to rule board packets

The complete record of this rulemaking is available for viewing and copying at the Rules, Planning and Outreach Section, Office of Land Quality, Indiana Department of Environmental Management, 100 North Senate Avenue, Eleventh Floor East, Indianapolis, Indiana. In addition to documents published in the Indiana Register, the record includes transcripts of public hearings, public comments, board packets, fiscal analyses, and other supporting materials.

Rule as Final Adopted

This is the version of the rule that is final adopted by the board. We make this preliminary version of the final rule available to regulated persons as soon as possible to provide as much advance notice of the new requirements as possible. We have made every effort to make this version of the final rule as accurate as possible. However, because it is derived from the board packet, comments made at the second public hearing, and the hearing transcripts, it may contain errors and omissions. As required by IC 4-22-2 , this rule must be approved by the Attorney General's office, signed by the Governor, and filed with the Secretary of State before it becomes effective. Also, the Publisher of the Indiana Register may find it necessary to make additional changes to conform to the drafting standards for administrative rules. The official version of this rule will be published in the Indiana Register after it is filed with the secretary of state.