HISTORY

329 IAC 3.1-11-2; 329 IAC 3.1-11.1

(1) Delete 40 CFR 266.23(b) and substitute the following: "No person may apply or allow the application of used oil as defined in 329 IAC 3.1-4 to any ground surface except for purposes of treatment in accordance with a permit issued by the department under IC 13-15-2. The use of unused waste oil or other waste material, which is contaminated with dioxin or hazardous waste or exhibits any characteristic of hazardous waste except ignitability for dust suppression or road treatment is prohibited.".

(2) In 40 CFR 266.102(a)(2)(viii) dealing with applicable financial requirements for burners, the references to federal cites shall be converted as follows:

(3) Delete 40 CFR 266.80(b) 40 CFR 266, Subpart G and substitute the following: "Owners or operators of facilities that store spent lead acid batteries before reclaiming them, other than spent batteries that are to be regenerated, are subject to the following requirements:

(1) retailers as defined in IC 13-11-2-194(b);

(2) wholesalers as defined in IC 13-11-2-267(b);

(3) owners or operators of reclamation facilities;

(4) owners or operators of intermediate storage facilities; and

(5) owners or operators of other storage facilities;

that discard, dispose of, store, or recycle spent lead acid batteries.

(1) Separating any component of the battery from the other components.

(2) Draining acid from the battery.

(3) Removing plates and groups from the battery.

(1) Plates and groups.

(2) Rubber and plastic case material.

(3) Acid.

(4) Paper cellulose material.

(1) Retailers.

(2) Wholesalers.

(1) contains lead and sulfuric acid; and

(2) has a nominal voltage of at least six (6) volts.

(1) Battery breaking facilities engaging in battery breaking or cracking.

(2) Secondary lead smelters or smelters.

(1) battery cracking; and

(2) smelting.

(1) Spent lead acid batteries must be stored in a:

(2) Spent lead acid batteries must be stored upright and secured to prevent overturning.

(3) If the spent lead acid battery is not in good condition or begins to leak, the owner or operator of the facility must transfer the battery to a container that is:

(1) If a lead acid battery is not in good condition or begins to leak, the owner or operator must transfer the battery to a container that is:

(2) Spent lead acid batteries must be stored upright and secured to prevent overturning.

(3) Spent lead acid batteries must be stored in a building with a roof or stored in a covered container that is:

(4) Spent lead acid batteries may not be stored for more than three hundred sixty-five (365) consecutive days.

(5) Any spilled waste and contaminated equipment must be disposed or recycled in accordance with applicable solid waste rules at 329 IAC 10 and 329 IAC 11 or hazardous waste rules in this article.

(6) Any spent lead acid battery being discarded shall be sent to:

(7) If accumulating more than five thousand (5,000) kilograms or eleven thousand twenty-three (11,023) pounds of spent lead acid batteries at any time, notify the commissioner of the following within thirty (30) days after the effective date of this rule:

(1) Notification requirements under 329 IAC 3.1-1-11.

(2) All applicable provisions in the following subparts of 40 CFR 264 as the subparts are incorporated by reference in 329 IAC 3.1-9:

(3) All applicable provisions in 329 IAC 3.1-13.

(1) Weekly inspections of the staging area shall be performed as long as trailers remain in the area. Any indications that a trailer is leaking will require an immediate inspection to determine the source of the leak. If the batteries are the source of the leak, either the entire load shall be processed immediately or the leaking batteries shall be removed from the trailer and stored in a covered container that is:

(2) Spills must be addressed per the facility's IDEM approved contingency plan or spill response plan.

(3) Operating records will consist of documentation of inspections conducted under subdivision (1).

(1) Notification requirements under 329 IAC 3.1-1-11.

(2) Unless an exemption pursuant to 329 IAC 3.1-5-4 is granted by the commissioner:

(3) Reclamation facilities requiring a permit under 329 IAC 3.1-11.1-5(c)(2) [subdivision (2)] shall submit a permit application in accordance with 329 IAC 3.1-13 within one hundred eighty (180) days of the effective date of this rule.

(1) Permitted facilities are subject to the closure and post-closure requirements of 40 CFR 264, Subpart G as incorporated by reference in 329 IAC 3.1-9, and corrective action for solid waste management units may be initiated at any time during the life of the facility.

(2) At closure of unpermitted hazardous waste storage areas, the owner or operator must comply with 40 CFR 265.111 and 265.114 as these sections are incorporated by reference in 329 IAC 3.1-10.

(3) If the contaminated soils cannot be completely removed, the owner or operator must prepare a written plan to close the area in accordance with IC 13-12-3-2 and submit the plan to the commissioner for approval. The written plan must provide information equivalent to a proposed work plan under IC 13-25-5-7(b). If closure requirements are addressed in an exemption received under 329 IAC 3.1-5-4, the facility must follow the closure requirements contained in the exemption.

LSA Document #09-365(F)

Proposed Rule: 20110420-IR-329090365PRA

Hearing Held: December 18, 2012

Approved by Attorney General: July 1, 2013

Approved by Governor: July 15, 2013

Filed with Publisher: July 15, 2013, 11:02 a.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulatory Coordinator, MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800) 988-7901, ctap@idem.in.gov

Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-01 IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386 or (800) 451-6027, bbaughn@idem.in.gov