TITLE 329 SOLID WASTE MANAGEMENT BOARD

Amends 329 IAC 3.1-1-7 to incorporate by reference the federal rule amendments entitled "Standards Applicable to Generators of Hazardous Waste; Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material at Laboratories Owned by Colleges and Universities and Other Eligible Academic Entities Formally Affiliated With Colleges and Universities", promulgated by the U.S. Environmental Protection Agency on December 1, 2008 (73 FR 72954-72960). Effective 30 days after filing with the Publisher.

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Draft Rule: August 19, 2009, Indiana Register (DIN: 20090819-IR-329090613FDA).

First Public Hearing Notice: August 19, 2009, Indiana Register (DIN: 20090819-IR-329090613PHA).

Date of First Public Hearing: November 17, 2009.

IC 13-14-9-4.5 states that a board may not adopt a proposed rule under IC 13-14-9 that is substantively different from the draft rule published under IC 13-14-9-7 until the board has conducted a third comment period that is at least 21 days long.

Because this proposed rule is not substantively different from the draft rule published on August 19, 2009 (DIN: 20090819-IR-329090613FDA), the Indiana Department of Environmental Management (IDEM) is not requesting additional comment on this rule.

IDEM requested public comment from August 19, 2009, through September 18, 2009, on IDEM's draft rule language. No comments were received during the comment period.

On November 17, 2009, the Solid Waste Management Board (board) conducted the first public hearing/board meeting concerning the development of new rules and amendments to rules at 329 IAC 3.1. No comments were received at the first public hearing.

SECTION 1. 329 IAC 3.1-1-7 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 13-14-8; 40 CFR 260.11

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, 2008, and amended as published in the Federal Register on June 4, 2008, at 73 FR 31768. December 1, 2008, at 73 FR 72954 through 73 FR 72960.

(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:

(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 online at http://bookstore.gpo.gov/. The telephone number for the 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.

Notice of Public Hearing

DIN: 20091216-IR-329090613PRA

Composed: May 08,2024 10:02:00AM EDT

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