-IR- Database Guide
-IR- Database: Indiana Register

TITLE 329 SOLID WASTE MANAGEMENT BOARD

CONTINUATION OF FIRST NOTICE OF COMMENT PERIOD
LSA Document #06-147

DEVELOPMENT OF NEW RULES CONCERNING THE SCORING MODEL AT 329 IAC 7.1 FOR HAZARDOUS SUBSTANCE RESPONSE SITES


PURPOSE OF NOTICE
The Indiana Department of Environmental Management (IDEM) solicited public comment on plans to repeal 329 IAC 7 and replace the current article with a new article, 329 IAC 7.1, for hazardous substance response sites. The proposed new rules would continue to protect human health and the environment while increasing efficiency and improving accountability. In addition to the ranking of hazardous substance response sites as required by IC 13-25-4-7, IDEM is now proposing that the priority ranking rule should include petroleum and petroleum constituent contaminated sites that are not remediated under the leaking underground storage tank program (petroleum facilities) and sites with contaminants not remediated under any other IDEM program. The inclusion of these additional types of sites in the rule simply recognizes the way in which IDEM actually prioritizes sites under the authority of IC 13-24-1 and IC 13-25-4. IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

CITATIONS AFFECTED: 329 IAC 7; 329 IAC 7.1.


SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
This new article would establish new criteria and procedures for a priority ranking system of hazardous substance response sites in Indiana to ensure that those sites believed to pose the most significant threat to human health or the environment are scheduled first for response and for appropriate allocation of department resources. The current scoring model has become ineffective and cumbersome, and staff time required to score a site is excessive. In addition, the commissioner's bulletin does not accurately reflect the real time status of cleanups. This rulemaking proposes to repeal the existing scoring model at 329 IAC 7. All parties involved with any hazardous response site not on the National Priorities List will be affected by this rulemaking. In addition to hazardous substance response sites as required by IC 13-25-4-7, IDEM is now proposing that the priority ranking rule should include petroleum and petroleum constituent contaminated sites that are not remediated under the leaking underground storage tank program ( petroleum facilities) and sites with contaminants not remediated under any other IDEM program. The inclusion of these additional types of sites in the rule simply recognizes the way in which IDEM actually prioritizes sites under the authority of IC 13-24-1 and IC 13-25-4.
Alternatives To Be Considered Within the Rulemaking
Alternative 4. Repeal the current Article 329 IAC 7 and propose a new article, 329 IAC 7.1, consisting of an updated and more consistent scoring model. The proposed new rules would continue to protect human health and the environment while increasing efficiency and improving accountability. In addition to hazardous substance response sites as required by IC 13-25-4-7, this rulemaking will be expanded to include petroleum and petroleum constituent contaminated sites that are not remediated under the leaking underground storage tank program (petroleum facilities) and sites with contaminants not remediated under any other IDEM program.
  • Is this alternative an incorporation of federal standard or full text incorporation? No.
  • Is this alternative imposed by federal law or is there a comparable federal law? No, this alternative is not imposed by federal law, but the comparable federal law is the U.S. EPA Hazard Ranking System at 40 CFR 300, Appendix A. The scoring model is a "state only" requirement.
  • If it is a federal requirement, is it different from federal law? Not applicable.
  • If it is different, describe the differences. Not applicable.
  • Applicable Federal Law
    None applicable.
    Potential Fiscal Impact
    No potential fiscal impact on affected parties from any of the alternatives. IDEM will be able to utilize existing resources to administer the rule.
    Small Business Assistance Information
    IDEM established a Compliance and Technical Assistance Program (CTAP) under IC 13-28-3. This 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 www.in.gov/idem/ctap.
    Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:
    Sandra El-Yusuf
    IDEM Compliance and Technical Assistance Program
    OPPTA - MC60-04
    100 N. Senate Avenue
    W-041
    Indianapolis, IN 46204-2251
    (317) 232-8578
    selyusuf@idem.in.gov
    The Small Business Assistance Program Ombudsman is:
    Megan Tretter
    IDEM Small Business Assistance Program Ombudsman
    External Affairs - MC50-01
    100 N. Senate Avenue
    Indianapolis, IN 46204
    (317) 234-3386
    mtretter@idem.in.gov
    Public Participation and Workgroup Information
    At this time, no workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the rule is appropriate, please contact Lynn C. West, Rules, Planning and Outreach Section, Office of Land Quality at (317) 232-3593 or (800) 451-6027 (in Indiana).

    STATUTORY AND REGULATORY REQUIREMENTS
    IC 13-14-8-4 requires the board to consider the following factors in promulgating rules:
    (1) All existing physical conditions and the character of the area affected.
    (2) Past, present, and probable future uses of the area, including the character of the uses of surrounding areas.
    (3) Zoning classifications.
    (4) The nature of the existing air quality or existing water quality, as the case may be.
    (5) Technical feasibility, including the quality conditions that could reasonably be achieved through coordinated control of all factors affecting the quality.
    (6) Economic reasonableness of measuring or reducing any particular type of pollution.
    (7) The right of all persons to an environment sufficiently uncontaminated as not to be injurious to human, plant, animal, or aquatic life or to the reasonable enjoyment of life and property.

    REQUEST FOR PUBLIC COMMENTS
    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.
    Mailed comments should be addressed to:
    #06-147(SWMB) New scoring model
    Marjorie Samuels
    Rules, Planning and Outreach Section
    Office of Land Quality
    Indiana Department of Environmental Management
    100 North Senate, Room 1101
    Indianapolis, Indiana 46204
    Hand delivered comments will be accepted by the IDEM receptionist on duty at the eleventh floor reception desk, Office of Land Quality, Indiana Government Center-North, 100 North Senate Avenue, Indianapolis, Indiana.
    Comments may be submitted by facsimile at the IDEM fax number: (317) 232-3403, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Section at (317) 232-7995.

    COMMENT PERIOD DEADLINE
    Comments must be postmarked, faxed, or hand delivered by May 18, 2007.
    Additional information regarding this action may be obtained from Lynn C. West, Rules, Planning and Outreach Section, Office of Land Quality, (317) 232-3593 or (800) 451-6027 (in Indiana).
    Bruce Palin
    Assistant Commissioner
    Office of Land Quality

    Posted: 04/18/2007 by Legislative Services Agency

    DIN: 20070418-IR-329060147FCA
    Composed: Jul 18,2018 4:35:11PM EDT
    A PDF version of this document.