TITLE 329 SOLID WASTE MANAGEMENT DIVISION

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 329 IAC 16 concerning electronic waste. IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

Electronic waste, or e-waste, includes discarded computers, mobile phones, television sets, refrigerators, and other electronic components. These discarded electronics can be recycled or used for scrap metal or parts. Some electronic waste contains lead or other toxic substances that must be discarded appropriately. Indiana currently has 21 recycling or disposal facilities that participate in the e-waste program.

The purpose of this rulemaking is to amend 329 IAC 16 concerning e-waste. These amendments will eliminate the standby trust requirement for surety bonds and allow other financial assurance mechanisms in addition to surety bonds, to streamline and reduce the cost of maintaining financial assurance. The amendments will also simplify mapping and labeling requirements to allow regulatory flexibility for e-waste recycling and disposal facilities. IDEM seeks comment, including suggestions of specific language, on the affected citations listed, any other provisions of Title 329 that may be affected by this rulemaking, and alternative ways to achieve the purpose of this rulemaking.

There is no applicable federal law.

Potential Fiscal Impact of Alternative 1. Most of the suggested changes will have no fiscal impact; however, there may be a cost savings for registered e-waste facilities by eliminating the standby trust requirement of 329 IAC 16. These cost savings may be up to thousands of dollars per year, per facility.

Potential Fiscal Impact of Alternative 2. This alternative will not incur any additional costs.

IDEM established a compliance and technical assistance program (CTAP) 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:

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Jessica Faust-Hamblin

IDEM Small Business Regulatory Coordinator

MC 60-04 IGCS W041

402 West Washington Street

Indianapolis, IN 46204-2251

(317) 232-8172 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is:

Jacob Schpok

Indiana Small Business Development Center

One North Capitol, Suite 600

Indianapolis, IN 46204

(317) 232-8805

ombudsman@osbe.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

The Small Business Assistance Program Ombudsman is:

Steven N. Howell

IDEM Small Business Assistance Program Ombudsman

MC 50-01 IGCN 1301

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 232-8587 or (800) 451-6027

snhowell@idem.in.gov

At this time, no work group is planned for the rulemaking. If you feel that a work group or other informal discussion on the rule is appropriate, please contact Dan Watts, Rules Development Branch, Office of Legal Counsel at (317) 234-5345 or (800) 451-6027 (in Indiana).

At this time, IDEM solicits the following:

(1) The submission of alternative ways to achieve the purpose of the rule.

(2) The submission of suggestions for the development of draft rule language.

Comments may be submitted in one of the following ways:

(1) By mail or common carrier to the following address:

LSA Document #14-19 Electronic Waste Rule

Dan Watts

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

Indiana Government Center North

100 North Senate Avenue

Mail Code 65-46

Indianapolis, IN 46204-2251

(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 233-8903.

(3) By electronic mail to dwatts1@idem.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the address indicated in this notice.

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.

Regardless of the delivery method used, in order to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.

All comments must be postmarked, faxed, or time stamped not later than February 21, 2014. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.

Additional information regarding this action may be obtained from Dan Watts, Rules Development Branch, Office of Legal Counsel (317) 234-5345 or (800) 451-6027 (in Indiana).

Nancy King, Chief

Rules Development Branch

Office of Legal Counsel

DIN: 20140122-IR-329140019FNA

Composed: Apr 23,2024 10:10:53PM EDT

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