TITLE 329 SOLID WASTE MANAGEMENT DIVISION

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 13-14-9.5-1.1 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), codified 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 and processing facilities in 329 IAC 11.

Hazardous waste management is federally authorized under 42 U.S.C. 6921 et seq., with specific U.S. EPA hazardous waste regulations at 40 CFR 260 through 270 and 40 CFR 273. In accordance with 42 U.S.C. 6926, the U.S. EPA granted IDEM the authority to administer and enforce a hazardous waste program in Indiana. To maintain authorization for this program, IDEM must comply with the requirements for state authorization in 40 CFR 271. Indiana has adopted requirements in 329 IAC 3.1 for the management of hazardous waste.

The U.S. EPA regulates underground storage tank (UST) owners and operators under 42 U.S.C. 6991 et seq., and allows states to maintain their own regulatory programs. Approved state UST programs must comply with the corresponding federal regulations at 40 CFR 280 and 281, which set standards for UST installation, ownership, operation, release prevention, release detection and reporting, closure, and approval of state UST programs. IDEM has an approved state UST program with requirements for UST owners and operators in 329 IAC 9.

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:

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:

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 #22-125 2022 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 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.

Contact Karla Kindrick at kkindric@idem.in.gov or (317) 232-8922 if another method of submitting comments within the comment period is desired. 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 or time stamped not later than May 20, 2022.

Additional information regarding this action may be obtained from Dan Watts, Rules Development Branch, Office of Legal Counsel, dwatts1@idem.in.gov, (317) 234-5345 or (800) 451-6027 (in Indiana).

Christine Pedersen, Section Chief

Rules Development Branch

Office of Legal Counsel

Notice of Public Hearing

DIN: 20220420-IR-329220125BNA

Composed: Apr 24,2024 5:06:54AM EDT

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