TITLE 329 SOLID WASTE MANAGEMENT DIVISION

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 329 IAC 3.1 and 329 IAC 11 concerning hazardous waste and solid waste permitting. IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

IDEM's Office of Land Quality issues permits, registrations, or approvals to regulated facilities and operations to ensure solid waste, hazardous waste, manure, biosolids, and septage are properly managed, disposed of, or land applied as allowed by laws and rules. Only permitted or regulated facilities may accept regulated waste materials, unless those materials are exempt from the rules for certain recycling, reuse, or reclamation activities.

A facility with various types of wastes may need multiple permits or registrations. However, Public Law 120-2022, which was enacted on March 14, 2022, includes provisions that modify how solid waste and hazardous waste are permitted. Specifically, the provisions currently found at IC 13-15-1-3.2 assert that holding a separate solid waste permit is not necessary if the regulated entity already has a separate hazardous waste permit. Further, IC 13-15-1-3.2(e) requires the Environmental Rules Board to amend rules at 329 IAC 11 to conform with this law.

In accordance with this law, IDEM is proposing amendments to rules found at 329 IAC 11. These amendments will provide the necessary solid waste permit exclusions in 329 IAC 11-3-2. This rulemaking would also amend 329 IAC 3.1 to allow solid waste processing operations at hazardous waste facilities to be included in relevant hazardous waste permits, instead of requiring a separate solid waste processing facility permit. There are three facilities in Indiana that could be impacted by this rulemaking as they currently hold both solid waste processing and hazardous waste permits: Heritage Environmental Services, Tradebe Environmental Services, and Clean Earth (formerly known as Stericycle Environmental Solutions). This rulemaking will not make changes to the statutory definition of solid waste or change how hazardous wastes are regulated under 329 IAC 3.1. Additional changes may include correcting obsolete cross-references, typographical errors, and inconsistencies, and simplifying and clarifying existing rule language.

IDEM seeks comment on the affected citations listed, including suggestions for specific language, any other provisions of Title 329 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking.

IDEM's hazardous waste management permitting rules are consistent with the requirements of P.L. 94-580, the Resource Conservation and Recovery Act and the regulations promulgated pursuant to this law, which can be found at 40 CFR 260 through 40 CFR 270.

Potential Fiscal Impact of Alternative 1. This will have a positive fiscal impact on the three facilities in Indiana that have both solid waste permits and hazardous waste permits since they will no longer be required to pay the requisite fees associated with solid waste permitting. However, the rule will have a moderate negative fiscal impact on the agency as it stands to lose revenue since it will no longer be able to collect the fees.

Potential Fiscal Impact of Alternative 2. Not amending the rules at 329 IAC 11 will have no fiscal impact on regulated entities or the agency. However, not amending the rules would be a violation of state law.

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 CTAP 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:

Jennifer Collins

IDEM Small Business Regulatory Coordinator/CTAP Small Business Liaison

IGCN 1316

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-9730 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Emily Totten

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 402-3062

etotten@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(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:

Drake Abramson

IDEM Small Business Assistance Program Ombudsman/Business, Agricultural, and Legislative Liaison

IGCN 1301

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 232-8921 or (800) 451-6027

dabramso@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 Seth Engdahl, Rules Development Branch, Office of Legal Counsel at sengdahl@idem.in.gov, (317) 234-9535, 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 #22-279 Solid Waste and Hazardous Waste Permitting

Seth Engdahl

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

Indiana Government Center North

100 North Senate Avenue

Indianapolis, IN 46204-2251

(2) By electronic mail to sengdahl@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.

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 October 21, 2022.

Additional information regarding this action may be obtained from Seth Engdahl, Rules Development Branch, Office of Legal Counsel, sengdahl@idem.in.gov, (317) 234-9535, or (800) 451-6027 (in Indiana).

Christine Pedersen, Section Chief

Rules Development Branch

Office of Legal Counsel

DIN: 20220921-IR-329220279FNA

Composed: May 03,2024 7:53:54AM EDT

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