TITLE 329 SOLID WASTE MANAGEMENT BOARD
Proposed Rule
LSA Document #06-556
DIGEST
Amends 329 IAC 3.1-1-7 to adopt seven changes to the hazardous waste management program that were published by the U.S. Environmental Protection Agency between September 8, 2005, and July 28, 2006. Amends 329 IAC 3.1-9-2 to change the maximum concentration for ground water protection for arsenic to 0.010 milligrams per liter (mg/L) to be consistent with the federal maximum contaminant level for arsenic that became effective on January 23, 2006, and to remove an obsolete provision. Effective 30 days after filing with the Publisher.
Dates of First Public Hearing: January 16, 2007, and March 20, 2007.
SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING
On January 16, 2007, and March 20, 2007, the Solid Waste Management Board conducted the first public hearing/board meeting concerning the development of amendments to rules at 329 IAC 3.1. No comments were made at the first hearing.
Authority: IC 13-19-3-1; IC 13-22-4
Sec. 7. (a) When incorporated by reference in this article, references to 40 CFR 260 through 40 CFR 270 and 40 CFR 273 shall mean the version of that publication revised as of July 1, 2005, 2006, and amended as published in the Federal Register on: August 5, 2005, at 70 FR 45520 through 70 FR 45522.
(1) July 14, 2006, at 71 IR 40258 through 71 FR 40280; and
(2) July 28, 2006, at 71 FR 42947 through 71 FR 42949.
(b) When used in 40 CFR 260 through 40 CFR 270 and 40 CFR 273, as incorporated in this article, references to federally incorporated publications shall mean that version of the publication as specified at 40 CFR 260.11.
(c) The following publications are also incorporated by reference:
(1) 40 CFR 146, revised as of July 1, 2005.
(2) 40 CFR 60, Appendix A-1, revised as of July 1, 2005.
(3) 40 CFR 60, Appendix A-2, revised as of July 1, 2005.
(4) 40 CFR 60, Appendix A-3, revised as of July 1, 2005.
(5) 40 CFR 60, Appendix A-4, revised as of July 1, 2005.
(6) 40 CFR 60, Appendix A-5, revised as of July 1, 2005.
(7) 40 CFR 60, Appendix A-6, revised as of July 1, 2005.
(8) 40 CFR 60, Appendix A-7, revised as of July 1, 2005.
(9) 40 CFR 60, Appendix A-8, revised as of July 1, 2005.
(d) Federal regulations that have been incorporated by reference do not include any later amendments than those specified in the incorporation citation in subsections (a) through (c). Sales of the Code of Federal Regulations are handled by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, or on-line at http://bookstore.gpo.gov/. The telephone number for the Government Printing Office Superintendent of Documents is (202) 512-1800 or toll-free (866) 512-1800. The incorporated materials are available for public review at the offices of the department of environmental management.
(e) Where exceptions to incorporated federal regulations are necessary, these exceptions will be noted in the text of the rule. In addition, all references to administrative stays are deleted.
(f) Cross-references within federal regulations that have been incorporated by reference shall mean the cross-referenced provision as incorporated in this rule with any indicated additions and exceptions.
(g) The incorporation of federal regulations as state rules does not negate the requirement to comply with federal provisions that may be effective in Indiana that are not incorporated in this article or are retained as federal authority.
(Solid Waste Management Board; 329 IAC 3.1-1-7; filed Jan 24, 1992, 2:00 p.m.: 15 IR 909; filed Oct 23, 1992, 12:00 p.m.: 16 IR 848; filed May 6, 1994, 5:00 p.m.: 17 IR 2061; errata filed Nov 8, 1995, 4:00 p.m.: 19 IR 353; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3353; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1111; filed Oct 31, 1997, 8:45 a.m.: 21 IR 947; filed Mar 19, 1998, 10:05 a.m.: 21 IR 2739; errata filed Apr 8, 1998, 2:50 p.m.: 21 IR 2989; filed Mar 6, 2000, 8:02 a.m.: 23 IR 1637; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2431; errata filed Oct 15, 2001, 11:24 a.m.: 25 IR 813; filed Jun 3, 2002, 10:40 a.m.: 25 IR 3111; filed Jan 14, 2004, 3:20 p.m.: 27 IR 1874; filed Apr 13, 2005, 11:30 a.m.: 28 IR 2661; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA, eff Sep 5, 2006)
329 IAC 3.1-9-2 Exceptions and additions; final permit standards
Authority: IC 13-14-8; IC 13-22-2-4
Sec. 2. Exceptions and additions to federal final permit standards are as follows:
(1) Delete 40 CFR 264.1(a) dealing with scope of the permit program and substitute the following: The purpose of this rule is to establish minimum standards which define the acceptable management of hazardous waste at final state permitted facilities.
(2) In 40 CFR 264.4 dealing with imminent hazard action, delete "7003 of RCRA" and insert "IC 13-30-3 and IC 13-14-10". (3) Reports to the state required at 40 CFR 264.56(d) shall be communicated immediately to the Office of Land Quality, Department of Environmental Management, 100 North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 46206-6015, (317) 233-7745, or (888) 233-7745 (toll-free in Indiana). In addition to the requirements of this rule, all requirements for spill reporting under 327 IAC 2-6.1 shall be complied with. (4) The written spill report required by 40 CFR 264.56(j) must also include information deemed necessary by the commissioner or the commissioner's authorized agent to carry out the purpose and intent of 327 IAC 2-6.1. (5) In 40 CFR 264.75 dealing with the biennial report, delete "EPA form 8700-13B" and insert "forms provided by the commissioner".
(6) In 40 CFR 264.76 dealing with unmanifested waste reports, delete "The unmanifested waste report must be submitted on EPA form 8700-13B".
(7) In 40 CFR 264.77 regarding additional reports, insert after the first sentence in (c), "Ground water data for laboratory analytical results and field parameters must be submitted as follows:
(A) Two (2) paper copies on the most current form prescribed by the commissioner.
(B) In addition to the paper copies required in clause (A), an electronic report in a format prescribed by the commissioner.
(d) The commissioner may request other information, as required by Subparts F, K through N, and AA through CC of this part, be submitted in an electronic format as prescribed by the commissioner.".
(8) In addition to the requirements in 40 CFR 264, Subpart E, the reports required by IC 13-22-4-3.1 must be kept on file for at least three (3) years after submission to the department. (9) In 40 CFR 264, Subpart F, the commissioner will consider the following contaminants in addition to the hazardous constituents listed in 40 CFR 261, Appendix VIII:
| |
| Contaminant | Chemical Abstracts Service Registry Number |
| Alachlor | 15972-60-8 |
| Asbestos | 1332-21-4 |
| Atrazine | 1912-24-9 |
| Combined beta/photon emitters | 10098-97-2, 10028-17-8 |
| Dalapon | 75-99-0 |
| Di(2-ethylhexyl)adipate | 103-23-1 |
| cis-1,2-Dichloroethylene | 156-59-2 |
| Diquat | 85-00-7 |
| Ethylbenzene | 100-41-4 |
| Fluoride | 16984-48-8 |
| Glyphosate | 1071-83-6 |
| Gross alpha particle activity (including radium 226 but excluding radon and uranium) | 12587-46-1 |
| Nitrate (as N) | 14797-55-8 |
| Nitrite (as N) | 14797-65-0 |
| Picloram | 1918-02-1 |
| Radium 226 and 228 (combined) | 13982-63-3, 15262-20-1 |
| Simazine | 122-34-9 |
| Styrene | 100-42-5 |
(10) In 40 CFR 264.93(b), the commissioner may consider 327 IAC 2-11 in addition to the factors listed. (11) Delete 40 CFR 264.94(a)(2), Table 1, and substitute the following:
| |
| Table 1. Maximum Concentration of Constituents for Ground Water Protection |
| Constituent | Maximum Concentration (mg/L) |
| Arsenic | 0.05 0.010 |
| Barium | 1.0 |
| Cadmium | 0.005 |
| Chromium | 0.05 |
| Lead | 0.015 |
| Mercury | 0.002 |
| Selenium | 0.01 |
| Silver | 0.05 |
| Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy 1,4,4a,5,6,7,8,9a-octahydro-1,4-endo, endo-5,8-dimethano naphthalene) | 0.0002 |
| Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer) | 0.0002 |
| Methoxychlor (1,1,1-Trichloro-2,2-bis (p-methoxyphenylethane) | 0.04 |
| Toxaphene (C10H10Cl6, Technical chlorinated camphene, 67-69 percent chlorine) | 0.003 |
| 2,4-D (2,4-Dichlorophenoxyacetic acid) | 0.07 |
| 2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid) | 0.01 |
(12) In 40 CFR 264.94(b), the commissioner may consider 327 IAC 2-11 in addition to the factors listed. (13) In 40 CFR 264.99(g), in addition to the constituents listed in 40 CFR 264, Appendix IX, the commissioner may require a facility to monitor for the following contaminants:
| |
| Contaminant | Chemical Abstracts Service Registry Number |
| Alachlor | 15972-60-8 |
| Asbestos | 1332-21-4 |
| Atrazine | 1912-24-9 |
| Combined beta/photon emitters | 10098-97-2, 10028-17-8 |
| Dalapon | 75-99-0 |
| Di(2-ethylhexyl)adipate | 103-23-1 |
| cis-1,2-Dichloroethylene | 156-59-2 |
| Diquat | 85-00-7 |
| Fluoride | 16984-48-8 |
| Glyphosate | 1071-83-6 |
| Gross alpha particle activity (including radium 226 but excluding radon and uranium) | 12587-46-1 |
| Nitrate (as N) | 14797-55-8 |
| Nitrite (as N) | 14797-65-0 |
| Picloram | 1918-02-1 |
| Radium 226 and 228 (combined) | 13982-63-3, 15262-20-1 |
| Simazine | 122-34-9 |
(14) Delete 40 CFR 264, Subpart H dealing with financial requirements and substitute 329 IAC 3.1-15. (15) Exceptions and additions to the standards for tank systems in 40 CFR 264, Subpart J are under section 3 of this rule.
(16) In 40 CFR 264.221(e)(2)(i)(C), delete "permits under RCRA Section 3005(c)" and insert "with final state permits".
(17) Delete 40 CFR 264.301(l).
(18) Delete 40 CFR 264, Appendix VI.
(19) In 40 CFR 264.316(b), delete "(49 CFR Parts 178 and 179)" and substitute "(49 CFR Part 178)".
(20) In 40 CFR 264.316(f), delete "fiber drums" and substitute "nonmetal containers".
(21) Delete 40 CFR 264.555(e)(6).
(22) The requirements in subdivisions (9) through (13) do not apply to any of the following industries to a greater extent than the standard of conduct established in the related federal regulation or regulatory policy, until July 1, 2005:
| |
Industry | Standard Industry Classification Code |
Steel works, blast furnaces (including coke ovens), and rolling | 3312 |
Gray and ductile iron foundries | 3321 |
Malleable iron foundries | 3322 |
Steel investment foundries | 3324 |
Steel foundries, not elsewhere classified | 3325 |
Aluminum foundries | 3365 |
Copper foundries | 3366 |
Nonferrous foundries, except aluminum and copper | 3369 |
Posted: 05/02/2007 by Legislative Services Agency
DIN: 20070502-IR-329060556PRA
Composed: Apr 24,2024 4:09:44PM EDT
A PDF version of this document.
|
