TITLE 329 SOLID WASTE MANAGEMENT BOARD
FINDINGS AND DETERMINATION OF THE COMMISSIONER
LSA Document #06-556
DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING THE HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT
The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules concerning the hazardous waste management permit program and related hazardous waste management and has scheduled a public hearing/meeting before the Solid Waste Management Board (board) for consideration of preliminary adoption of these rules.
IC 13-14-9-8 recognizes that under certain circumstances it may be appropriate to reduce the number of public comment periods routinely provided. In cases where the commissioner determines that there is no anticipated benefit from the first and second public comment periods, IDEM may forgo these comment periods and proceed directly to the public hearing and board meeting at which the draft rule is considered for preliminary adoption. Two opportunities for public comment (at the public hearings prior to preliminary and final adoption of the rule) remain under this procedure.
If the commissioner makes the determination of no anticipated benefit required by
IC 13-14-9-8, the commissioner shall prepare written findings and publish those findings in the Indiana Register prior to the board meeting at which the draft rule is to be considered for preliminary adoption and include them in the board packet prepared for that meeting. This document constitutes the commissioner's written findings pursuant to
IC 13-14-9-8.
The statute provides for this shortened rulemaking process if the commissioner determines that:
(1) the rule constitutes:
(A) an adoption or incorporation by reference of a federal law, regulation, or rule that:
(i) is or will be applicable to Indiana; and
(ii) contains no amendments that have a substantive effect on the scope or intended application of the federal law or rule;
(B) a technical amendment with no substantive effect on an existing Indiana rule; or
(C) a substantive amendment to an existing Indiana rule, the primary and intended purpose of which is to clarify the existing rule; and
(2) the rule is of such nature and scope that there is no reasonably anticipated benefit to the environment or the persons referred to in
IC 13-14-9-7(a)(2) from:
(C) affording interested or affected parties the opportunity to develop evidence in the record collected under
IC 13-14-9-3 and
IC 13-14-9-4.
The abbreviated rulemaking process described in
IC 13-14-9-8 is being used for this rulemaking because:
(1) This rulemaking incorporates by reference federal regulations that are required by federal law and makes other changes required by Indiana law.
(2) This rulemaking is required to retain U.S. Environmental Protection Agency (U.S. EPA) authorization to manage the hazardous waste program in Indiana.
(3) No substantive modifications of the federal requirements being incorporated are included.
(4) Because there are no alternatives to incorporation by reference of these rules or adoption of equivalent state rules, there is no benefit to the people of Indiana or the environment from following the full notice and comment procedures of
IC 13-14-9.
(5)
IC 13-14-8-7(b) requires the board to adopt new rules or amend existing rules to implement an amendment to the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) within nine (9) months of its effective date.
This rulemaking incorporates by reference the federal hazardous waste management regulations at 40 CFR 260 through 40 CFR 273, revised as of July 1, 2006. That edition includes the following amendments published in the Federal Register from September 8, 2005, through April 4, 2006:
| Federal Register | Publication Date | Subject |
| 70 FR 53420 | September 8, 2005 | Hazardous Waste Management System; Standardized Permit for RCRA Hazardous Waste Management Facilities |
| 70 FR 57769 | October 4, 2005 | Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (Headworks Exemptions) |
| 70 FR 59402 | October 12, 2005 | National Emission Standards for Hazardous Air Pollutants; Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II)("MACT Rule") |
| 70 FR 59848 | October 13, 2005 | Cross-Media Electronic Reporting (This rule only includes the implementing amendments. IDEM has not yet decided to develop full-text rules for cross-media reporting based on 40 CFR 4 for Indiana.) |
| 71 FR 16862 | April 4, 2006 | Resource Conservation and Recovery Act Burden Reduction Initiative |
In addition to the amendments included in the 2006 edition of the federal hazardous waste management regulations, this rule would incorporate by reference the following amendments published in the Federal Register from July 14, 2006 through July 28, 2006:
| Federal Register | Publication Date | Subject |
| 71 FR 40254 | July 14, 2006 | Hazardous Waste and Used Oil; Corrections to Errors in the Code of Federal Regulations |
| 71 FR 42928 | July 28, 2006 | Hazardous Waste Management System; Modification of the Hazardous Waste Program; Cathode Ray Tubes |
The amendments adopted by these rules are amendments to the federal hazardous waste regulations that are incorporated by reference in the Indiana hazardous waste management rules at
329 IAC 3.1. Each of these federal amendments was noticed in the Federal Register and the public was provided the opportunity to provide written comments.
This rulemaking also amends
329 IAC 3.1-9-2 to adopt the maximum contaminant limit for arsenic that was effective on January 23, 2006, as provided for in 40 CFR 141.23 and 40 CFR 141.62. That limit would be lowered from 0.05 milligrams per liter (mg/L) to 0.01 mg/L. Further information on this federal requirement is available in the January 22, 2001, Federal Register at 66 FR 6976-7066.
In addition, this rule removes an outdated exclusion under Indiana statute for certain metal industries in
329 IAC 3.1-9-2(22) that expired on July 1, 2005, and was not renewed.
IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed Under Federal Law
No element of the draft rule imposes a restriction or a requirement on persons to whom the draft rule applies that is not imposed under federal law. This draft rule imposes no restrictions or requirements because it is a direct adoption of federal requirements that are applicable to Indiana and contains no amendments that have a substantive effect on the scope or application of the federal rule.
Each of these federal amendments is optional or conditionally optional and could result in savings or streamlining for regulated entities. Those savings cannot be quantified at this time.
Small Business Assistance Information
IDEM established a compliance and technical assistance (CTAP) program 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 the CTAP program, the monthly CTAP newsletter, and other resources available can be found at www.in.gov/idem/ctap.
Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:
Sandra El-Yusuf
IDEM Compliance and Technical Assistance Program
OPPTA - MC60-04
100 N. Senate Avenue, W-041
Indianapolis, IN 46204-2251
(317) 232-8578
selyusuf@idem.IN.gov
The Small Business Assistance Program Ombudsman is:
Eric Levenhagen
IDEM Small Business Assistance Program Ombudsman
External Affairs - MC50-01
100 N. Senate Avenue, IGCN 1301
Indianapolis, IN 46204-2251
(317) 234-3386
elevenha@idem.IN.gov
The commissioner of IDEM has prepared written findings regarding rulemaking for amendments to rules concerning the hazardous waste management permit program and related hazardous waste management. These findings are prepared under
IC 13-14-9-8 and are as follows:
(1) This rule is the direct adoption of federal requirements that are applicable to Indiana, and it contains no amendments that have a substantive effect on the scope or intended application of the federal rule.
(2) Indiana is required by federal law to adopt amendments to the federal hazardous waste management system regulations promulgated by the U.S. EPA under Subtitle C of the Resource Conservation and Recovery Act, as amended, and the Hazardous and Solid Waste Amendments of 1984 thereto (42 U.S.C. 6921 et seq.).
(3) The public will benefit from prompt adoption of this rule, because it will allow Indiana to retain U.S. EPA authorization to manage the hazardous waste program in Indiana. To retain U.S. EPA authorization, IDEM must adopt these federal regulations as state regulations or adopt substantially equivalent and consistent regulations. Without this authorization, the U.S. EPA would be responsible for management of hazardous waste in Indiana, rather than IDEM. Because businesses, generators, and the public benefit from state management of hazardous wastes, IDEM intends to take the necessary steps to maintain U.S. EPA authorization to manage the hazardous waste program in Indiana.
(4) The public will benefit from prompt adoption of this rule, because it will make the hazardous waste management program in Indiana consistent with the federal hazardous waste management program.
(5) I have determined that under the specific circumstances pertaining to this rule there would be no benefit to the environment or to persons to be regulated or otherwise affected by this rule from the first and second public comment periods.
(6) The draft rule is hereby incorporated into these findings.
Indiana Department of Environmental Management
Additional information regarding this action may be obtained from Steve Mojonnier, Rules, Planning and Outreach Section, Office of Land Quality, (317)233-1655 or dial (800) 451-6027 in Indiana, press "0" and ask for extension 3-1655.
Authority:
IC 13-19-3-1;
IC 13-22-4
Sec. 7. (a) When incorporated by reference in this article, references to 40 CFR 260 through 40 CFR 270 and 40 CFR 273 shall mean the version of that publication revised as of July 1,
2005, 2006, and amended
as published in the Federal Register on:
August 5, 2005, at 70 FR 45520 through 70 FR 45522.
(1) July 14, 2006, at 71 IR 40258 through 71 FR 40280; and
(2) July 28, 2006, at 71 FR 42947 through 71 FR 42949.
(b) When used in 40 CFR 260 through 40 CFR 270 and 40 CFR 273, as incorporated in this article, references to federally incorporated publications shall mean that version of the publication as specified at 40 CFR 260.11.
(c) The following publications are also incorporated by reference:
(1) 40 CFR 146, revised as of July 1, 2005.
(2) 40 CFR 60, Appendix A-1, revised as of July 1, 2005.
(3) 40 CFR 60, Appendix A-2, revised as of July 1, 2005.
(4) 40 CFR 60, Appendix A-3, revised as of July 1, 2005.
(5) 40 CFR 60, Appendix A-4, revised as of July 1, 2005.
(6) 40 CFR 60, Appendix A-5, revised as of July 1, 2005.
(7) 40 CFR 60, Appendix A-6, revised as of July 1, 2005.
(8) 40 CFR 60, Appendix A-7, revised as of July 1, 2005.
(9) 40 CFR 60, Appendix A-8, revised as of July 1, 2005.
(d) Federal regulations that have been incorporated by reference do not include any later amendments than those specified in the incorporation citation in subsections (a) through (c). Sales of the Code of Federal Regulations are handled by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, or on-line at http://bookstore.gpo.gov/. The telephone number for the Government Printing Office Superintendent of Documents is (202) 512-1800 or toll-free (866) 512-1800. The incorporated materials are available for public review at the offices of the department of environmental management.
(e) Where exceptions to incorporated federal regulations are necessary, these exceptions will be noted in the text of the rule. In addition, all references to administrative stays are deleted.
(f) Cross-references within federal regulations that have been incorporated by reference shall mean the cross-referenced provision as incorporated in this rule with any indicated additions and exceptions.
(g) The incorporation of federal regulations as state rules does not negate the requirement to comply with federal provisions that may be effective in Indiana that are not incorporated in this article or are retained as federal authority.
(Solid Waste Management Board; 329 IAC 3.1-1-7; filed Jan 24, 1992, 2:00 p.m.: 15 IR 909; filed Oct 23, 1992, 12:00 p.m.: 16 IR 848; filed May 6, 1994, 5:00 p.m.: 17 IR 2061; errata filed Nov 8, 1995, 4:00 p.m.: 19 IR 353; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3353; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1111; filed Oct 31, 1997, 8:45 a.m.: 21 IR 947; filed Mar 19, 1998, 10:05 a.m.: 21 IR 2739; errata filed Apr 8, 1998, 2:50 p.m.: 21 IR 2989; filed Mar 6, 2000, 8:02 a.m.: 23 IR 1637; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2431; errata filed Oct 15, 2001, 11:24 a.m.: 25 IR 813; filed Jun 3, 2002, 10:40 a.m.: 25 IR 3111; filed Jan 14, 2004, 3:20 p.m.: 27 IR 1874; filed Apr 13, 2005, 11:30 a.m.: 28 IR 2661; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA, eff Sep 5, 2006)
329 IAC 3.1-9-2 Exceptions and additions; final permit standards
Authority:
IC 13-14-8;
IC 13-22-2-4
Sec. 2. Exceptions and additions to federal final permit standards are as follows:
(1) Delete 40 CFR 264.1(a) dealing with scope of the permit program and substitute the following: The purpose of this rule is to establish minimum standards which define the acceptable management of hazardous waste at final state permitted facilities.
(2) In 40 CFR 264.4 dealing with imminent hazard action, delete "7003 of RCRA" and insert "IC 13-30-3 and
IC 13-14-10".
(3) Reports to the state required at 40 CFR 264.56(d) shall be communicated immediately to the Office of Land Quality, Department of Environmental Management, 100 North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 46206-6015, (317) 233-7745, or (888) 233-7745 (toll-free in Indiana). In addition to the requirements of this rule, all requirements for spill reporting under
327 IAC 2-6.1 shall be complied with.
(4) The written spill report required by 40 CFR 264.56(j) must also include information deemed necessary by the commissioner or the commissioner's authorized agent to carry out the purpose and intent of
327 IAC 2-6.1.
(5) In 40 CFR 264.75 dealing with the biennial report, delete "EPA form 8700-13B" and insert "forms provided by the commissioner".
(6) In 40 CFR 264.76 dealing with unmanifested waste reports, delete "The unmanifested waste report must be submitted on EPA form 8700-13B".
(7) In 40 CFR 264.77 regarding additional reports, insert after the first sentence in (c), "Ground water data for laboratory analytical results and field parameters must be submitted as follows:
(A) Two (2) paper copies on the most current form prescribed by the commissioner.
(B) In addition to the paper copies required in clause (A), an electronic report in a format prescribed by the commissioner.
(d) The commissioner may request other information, as required by Subparts F, K through N, and AA through CC of this part, be submitted in an electronic format as prescribed by the commissioner.".
(8) In addition to the requirements in 40 CFR 264, Subpart E, the reports required by
IC 13-22-4-3.1 must be kept on file for at least three (3) years after submission to the department.
(9) In 40 CFR 264, Subpart F, the commissioner will consider the following contaminants in addition to the hazardous constituents listed in 40 CFR 261, Appendix VIII:
| |
| Contaminant | Chemical Abstracts Service Registry Number |
| Alachlor | 15972-60-8 |
| Asbestos | 1332-21-4 |
| Atrazine | 1912-24-9 |
| Combined beta/photon emitters | 10098-97-2, 10028-17-8 |
| Dalapon | 75-99-0 |
| Di(2-ethylhexyl)adipate | 103-23-1 |
| cis-1,2-Dichloroethylene | 156-59-2 |
| Diquat | 85-00-7 |
| Ethylbenzene | 100-41-4 |
| Fluoride | 16984-48-8 |
| Glyphosate | 1071-83-6 |
| Gross alpha particle activity (including radium 226 but excluding radon and uranium) | 12587-46-1 |
| Nitrate (as N) | 14797-55-8 |
| Nitrite (as N) | 14797-65-0 |
| Picloram | 1918-02-1 |
| Radium 226 and 228 (combined) | 13982-63-3, 15262-20-1 |
| Simazine | 122-34-9 |
| Styrene | 100-42-5 |
(10) In 40 CFR 264.93(b), the commissioner may consider
327 IAC 2-11 in addition to the factors listed.
(11) Delete 40 CFR 264.94(a)(2), Table 1, and substitute the following:
| |
| Table 1. Maximum Concentration of Constituents for Ground Water Protection |
| Constituent | Maximum Concentration (mg/L) |
| Arsenic | 0.05 0.010 |
| Barium | 1.0 |
| Cadmium | 0.005 |
| Chromium | 0.05 |
| Lead | 0.015 |
| Mercury | 0.002 |
| Selenium | 0.01 |
| Silver | 0.05 |
| Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy 1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,8-dimethano naphthalene) | 0.0002 |
| Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer) | 0.0002 |
| Methoxychlor (1,1,1-Trichloro-2,2-bis (p-methoxyphenylethane) | 0.04 |
| Toxaphene (C10H10Cl6, Technical chlorinated camphene, 67-69 percent chlorine) | 0.003 |
| 2,4-D (2,4-Dichlorophenoxyacetic acid) | 0.07 |
| 2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid) | 0.01 |
(12) In 40 CFR 264.94(b), the commissioner may consider
327 IAC 2-11 in addition to the factors listed.
(13) In 40 CFR 264.99(g), in addition to the constituents listed in 40 CFR 264, Appendix IX, the commissioner may require a facility to monitor for the following contaminants:
| |
| Contaminant | Chemical Abstracts Service Registry Number |
| Alachlor | 15972-60-8 |
| Asbestos | 1332-21-4 |
| Atrazine | 1912-24-9 |
| Combined beta/photon emitters | 10098-97-2, 10028-17-8 |
| Dalapon | 75-99-0 |
| Di(2-ethylhexyl)adipate | 103-23-1 |
| cis-1,2-Dichloroethylene | 156-59-2 |
| Diquat | 85-00-7 |
| Fluoride | 16984-48-8 |
| Glyphosate | 1071-83-6 |
| Gross alpha particle activity (including radium 226 but excluding radon and uranium) | 12587-46-1 |
| Nitrate (as N) | 14797-55-8 |
| Nitrite (as N) | 14797-65-0 |
| Picloram | 1918-02-1 |
| Radium 226 and 228 (combined) | 13982-63-3, 15262-20-1 |
| Simazine | 122-34-9 |
(14) Delete 40 CFR 264, Subpart H dealing with financial requirements and substitute
329 IAC 3.1-15.
(15) Exceptions and additions to the standards for tank systems in 40 CFR 264, Subpart J are under section 3 of this rule.
(16) In 40 CFR 264.221(e)(2)(i)(C), delete "permits under RCRA Section 3005(c)" and insert "with final state permits".
(17) Delete 40 CFR 264.301(l).
(18) Delete 40 CFR 264, Appendix VI.
(19) In 40 CFR 264.316(b), delete "(49 CFR Parts 178 and 179)" and substitute "(49 CFR Part 178)".
(20) In 40 CFR 264.316(f), delete "fiber drums" and substitute "nonmetal containers".
(21) Delete 40 CFR 264.555(e)(6).
(22) The requirements in subdivisions (9) through (13) do not apply to any of the following industries to a greater extent than the standard of conduct established in the related federal regulation or regulatory policy, until July 1, 2005:
| |
Industry | Standard Industry Classification Code |
Steel works, blast furnaces (including coke ovens), and rolling | 3312 |
Gray and ductile iron foundries | 3321 |
Malleable iron foundries | 3322 |
Steel investment foundries | 3324 |
Steel foundries, not elsewhere classified | 3325 |
Aluminum foundries | 3365 |
Copper foundries | 3366 |
Nonferrous foundries, except aluminum and copper | 3369 |
Posted: 12/06/2006 by Legislative Services Agency
DIN: 20061206-IR-329060556FDA
Composed: May 07,2024 7:25:22AM EDT
A
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