TITLE 329 SOLID WASTE MANAGEMENT DIVISION
IC 13-14-9.5-1.1 NOTICE OF REVIEW OF NONEXPIRING RULES
LSA Document #20-187
This is a notice of rule review as described in
IC 13-14-9.5-1.1. Certain rules described in
IC 13-14-9.5-1.1 do not expire after seven years. These types of rules are: (1) rules required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; and (2) rules required to begin or continue receiving federal funding for implementation or operation of a program.
The Indiana Department of Environmental Management (IDEM) is required to publish a list of these rules that have been effective for seven years and request comment, in a 30 day comment period, on any specific rule that should be reviewed through the regular rulemaking process under
IC 13-14-9. IDEM must also notice a public hearing before the Environmental Rules Board (board). IDEM will respond to all comments received during the comment period and provide the comments and responses to the board during the public hearing. The board, after considering the comments, responses, and testimony at the hearing, will direct IDEM on whether additional rulemaking actions must be started to address concerns raised to the board.
IC 13-14-9.5-1 provides that chapter 9.5 does not apply to "a rule that incorporates a federal regulation by reference or adopts under a federal mandate a federal regulation in its entirety without substantive additions." Therefore, those rules are not subject to this notice of readoption; however, for the reader's information, a list of exempt rules is included in this notice.
IC 13-14-9-4(a)(5) THROUGH IC 13-14-9-4(a)(7) IDENTIFICATION OF RESTRICTIONS AND REQUIREMENTS NOT IMPOSED UNDER FEDERAL LAW
IC 13-14-9.5-1.1 requires this notice to contain the information described under
IC 13-14-9-4(a)(5) through
IC 13-14-9-4(a)(7) regarding restrictions and requirements of the listed rules that are not imposed under federal law. No element of the listed rules imposes either a restriction or requirement on persons to whom the rule applies that is not imposed under federal law.
The Resource Conservation and Recovery Act (RCRA) at 42 U.S.C. 6901 et seq. is the authorizing federal law for the management of solid waste. With the approval of the U.S. Environmental Protection Agency (U.S. EPA) under 40 CFR 239, state programs may issue permits for solid waste management and land disposal facilities that implement U.S. EPA requirements authorized under RCRA. In addition, requirements at 40 CFR 256 provide guidelines for the development and implementation of state solid waste management plans. Indiana has an approved state solid waste management program with requirements for solid waste land disposal facilities in
329 IAC 10.
LIST OF RULES THAT DO NOT EXPIRE
The following is a list of rules in
329 IAC that have been effective for seven years and are: (1) required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; or (2) required to begin or continue receiving federal funding for implementation or operation of a program:
| | |
| 329 IAC 10-1 | General Provisions |
| 329 IAC 10-2 | Definitions |
| 329 IAC 10-2.5 | Definitions for Nonmunicipal Solid Waste Landfills, Construction/Demolition Sites, and Restricted Waste Sites Types I, II, III, and IV |
| 329 IAC 10-3-3 | Insignificant facility modifications |
| 329 IAC 10-3-4 | Exclusion; disposal of wastes that meet restricted waste site Type IV criteria |
| 329 IAC 10-4 | Open Dumping and Open Dumps |
| 329 IAC 10-5 | Industrial On-Site Activities Needing Permits |
| 329 IAC 10-6 | Previously Permitted Solid Waste Land Disposal Facilities and Sanitary Landfills Closed Prior to April 14, 1996; Responsibilities |
| 329 IAC 10-10 | Transition Requirements of Municipal Solid Waste Landfill Siting, Design, and Closure |
| 329 IAC 10-11-1 | Permit requirements |
| 329 IAC 10-11-2.1 | Permit application requirements; general |
| 329 IAC 10-11-2.5 | Permit application for new land disposal facility and lateral expansions |
| 329 IAC 10-11-3 | Signatories to permit application and reports |
| 329 IAC 10-11-4.1 | Application for vertical expansions |
| 329 IAC 10-11-5.1 | Renewal permit application |
| 329 IAC 10-11-6 | Minor modification applications |
| 329 IAC 10-11-6.5 | Research, development, and demonstration minor modification application |
| 329 IAC 10-12 | Actions for Permit and Renewal Permit Application |
| 329 IAC 10-13 | Permit Issuance and Miscellaneous Provisions |
| 329 IAC 10-15-1 | General requirements |
| 329 IAC 10-15-2 | Plot plan requirements |
| 329 IAC 10-15-3 | Cross-sectional drawing and detail requirements |
| 329 IAC 10-15-4 | Hydrogeologic site investigation report |
| 329 IAC 10-15-5 | Description of proposed ground water monitoring well system |
| 329 IAC 10-15-6 | Operational plan |
| 329 IAC 10-15-7 | CQA/CQC plan and requirements |
| 329 IAC 10-15-8 | Calculations and analyses pertaining to landfill design |
| 329 IAC 10-15-10 | Leak detection plan |
| 329 IAC 10-15-11 | Leachate contingency plan |
| 329 IAC 10-15-12 | Storm water pollution prevention plan |
| 329 IAC 10-16-1 | Airport siting restrictions |
| 329 IAC 10-16-2 | Flood plain and floodway siting restrictions |
| 329 IAC 10-16-3 | Wetlands siting restrictions |
| 329 IAC 10-16-4 | Fault area siting restrictions |
| 329 IAC 10-16-5 | Seismic impact zone siting restrictions |
| 329 IAC 10-16-6 | Underground mine siting restrictions |
| 329 IAC 10-16-7 | Unstable area siting restrictions |
| 329 IAC 10-16-8 | Karst terrain siting restrictions |
| 329 IAC 10-16-9 | Aquifer siting restrictions |
| 329 IAC 10-16-10 | Endangered species siting restrictions |
| 329 IAC 10-16-13 | Closure of existing municipal solid waste landfill units |
| 329 IAC 10-17 | Municipal Solid Waste Landfill Liner System; Design, Construction, and CQA/CQC Requirements |
| 329 IAC 10-20-1 | Access control |
| 329 IAC 10-20-2 | On-site roads |
| 329 IAC 10-20-3 | Signs |
| 329 IAC 10-20-4 | Sanitation |
| 329 IAC 10-20-6 | Salvaging |
| 329 IAC 10-20-7 | Safety requirements |
| 329 IAC 10-20-8 | Records and reports |
| 329 IAC 10-20-9 | Open burning |
| 329 IAC 10-20-10 | Waste deposit and compaction |
| 329 IAC 10-20-11 | Diversion of surface water, run-on and run-off control systems, and monitoring |
| 329 IAC 10-20-12 | Erosion and sedimentation control measures; general requirements |
| 329 IAC 10-20-13 | Cover; general provisions |
| 329 IAC 10-20-14 | Daily and intermediate cover requirements |
| 329 IAC 10-20-14.1 | Alternative daily cover |
| 329 IAC 10-20-15 | Cover storage sites and borrow pits requirements |
| 329 IAC 10-20-16 | Grading and soil stabilization for intermediate cover and final cover |
| 329 IAC 10-20-17 | Explosive gases |
| 329 IAC 10-20-18 | Surface leachate control |
| 329 IAC 10-20-19 | Liner leak detection program |
| 329 IAC 10-20-20 | Leachate collection, removal, and disposal |
| 329 IAC 10-20-21 | Leachate recycling |
| 329 IAC 10-20-23 | Control program for regulated hazardous waste, PCB waste, and unauthorized solid waste |
| 329 IAC 10-20-24 | Survey requirements |
| 329 IAC 10-20-25 | Air criteria |
| 329 IAC 10-20-26 | Surface water requirements |
| 329 IAC 10-20-27 | Liquids restrictions |
| 329 IAC 10-20-28 | Self-inspections |
| 329 IAC 10-21 | Municipal Solid Waste Landfills; Ground Water Monitoring Programs and Corrective Action Program Requirements |
| 329 IAC 10-22 | Municipal Solid Waste Landfills; Closure Requirements |
| 329 IAC 10-23 | Municipal Solid Waste Landfills; Post-Closure Requirements |
| 329 IAC 10-39 | Solid Waste Land Disposal Facilities; Financial Responsibility |
This is a list of rules in
329 IAC to which
IC 13-14-9.5 does not apply in accordance with the exceptions in
IC 13-14-9.5-1. This list of exempt rules is provided for informational purposes only. The following rules are exempt from
IC 13-14-9.5:
REQUEST FOR PUBLIC COMMENTS
At this time, IDEM solicits comments on the nonexempt rules listed above that should be reviewed through the regular rulemaking process under
IC 13-14-9. IDEM requests that specific changes and language suggestions accompany the comments. Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #20-187 2020 Title 329 Rule Review
Dan Watts
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204
(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 232-8922.
(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 email 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.
Comments must be postmarked, faxed, or time stamped not later than May 8, 2020. Hand-delivered comments must be delivered to the 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).
Christine Pedersen, Section Chief
Rules Development Branch
Office of Legal Counsel
Posted: 04/08/2020 by Legislative Services Agency
DIN: 20200408-IR-329200187BNA
Composed: May 17,2024 4:03:38AM EDT
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